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OrbitNote

End User License Agreement

OrbitNote End User License Agreement : Issue 1 Rev 1

If you are under the age of 13, you must not use OrbitNote without first getting your school, parent or guardian to agree to these User Terms.

Notice to end users: Please carefully read the following. This legal document is an agreement between you, the Licensee and/or End-User, and Texthelp Ltd. Please ensure that you have obtained your copy of the Software from a duly authorised source. If in doubt please contact Texthelp Ltd. by mailing support@texthelp.com

Where this software is deployed to students or employees, the school/college, employer or authority is required to make this license agreement and product privacy policies available to the end-users or agrees to accept them on their behalf.

If you do not fully agree with the terms and conditions of this agreement, do not download and install the Software. Contact the party from whom you obtained the Purchase Email or OrbitNote Mobile pack and a full refund will be given provided that party is duly authorised by Texthelp Ltd. to resell the Software.

DEFINITIONS

‘Component Product’ refers to fully featured version OrbitNote.

‘Devices’ refers to any supported desktop and laptop computers, and any other supported mobile handheld device. For a full list of supported devices see support.texthelp.com.

‘Domain’ a distinct subset of the Internet with email addresses sharing a common suffix or under the control of a particular school, college, university or other organization for whom the Licensee has purchased and holds a valid Software License as specified in the Purchase Email.

'End Date' is the date upon which this Software License expires.

'End User' is any user properly authorised to use the Software under the terms of this Agreement.

‘Enterprise License’ is a License comprising an unlimited number of End Users within the Licensee’s organisation who holds a valid Software License as specified in the Purchase Email.

‘Group License’ is a License comprising a fixed number of End Users for whom the Licensee has purchased and holds a valid Software License as specified in the Purchase Email.

'License Type' is specified on the Purchase Email and further described in Schedule 1.

'Licensee' refers to the party to whom the Software is licensed under this Software License.

'Licensor' refers to Texthelp Ltd.

‘Premium Subscribers’ means any party that is a current paid subscriber to the Component Product.

‘Purchase Email’ refers to the email which provides necessary information to download and install/deploy the Software including a product code if applicable. The Purchase Email will include the End Date of the Term.

‘Term’ refers to the period from the date that the terms and conditions of this Agreement are accepted by the Licensee by downloading and installing the Software until the End Date (as specified in the Purchase Email) unless terminated earlier under the terms of section 5 herein.

'Territory' is worldwide unless separately defined.

The license granted under this agreement authorises the Licensee to use the Software as specified by the License Type.

1. AUTHORITY TO LICENSE: Licensor is the sole proprietor of the Software and reserves exclusive authority to grant a license. The Software is protected by all applicable laws and international treaty provisions relating to intellectual property (including, but not limited to laws relating to copyrights).

2. GRANT OF LICENSE: In consideration of payment of the fee which is part of the price the Licensee paid for the Software, the Licensee agrees to abide by the terms and conditions of this License. Furthermore Licensor agrees to grant, and the Licensee agrees to accept on the terms and conditions contained herein, a non-transferable and non-exclusive License to use the Software.

3. ASSIGNMENT: This Agreement and any of the Licenses, programs or materials to which it applies may not be assigned, sub-licensed or otherwise transferred by the Licensee without prior written consent from Licensor. No right to print or copy the Software, in whole or in part, is granted except as expressly provided under this Agreement.

4. COPY RESTRICTIONS: Any Software which is provided by Licensor in machine readable form may be copied in whole or in part in sufficient number for the use by the Licensee on such number of Devices as permitted for the License Type, or (a) for back-up purposes, or (b) for archival purposes. Copies of the Software for any purpose other than as described in 4(a) and 4(b) cannot be made without prior written consent from Licensor. Any and all such copies are subject to the terms and conditions of this Agreement. The Licensee shall not provide or otherwise make available the Software to any person other than his or her employees, students and/or duly authorised agents without prior written consent from Licensor.

The Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble the Software or any copy of the Software, or create derivative works based on the Software or any copy of the Software. If licensee does so, this Agreement is automatically terminated.

5. TERMINATION: Licensor may terminate this Agreement forthwith upon written notice if the Licensee commits a breach of any of the terms and conditions hereof and in circumstances where such breach is capable of rectification has failed to rectify such breach within 30 days of receiving written notice thereof. The Licensor may terminate this Agreement in respect of subscription licenses without cause by providing 30 days written notice to Licensee. Where Licensor terminates without cause Licensor shall issue Licensee a pro-rata refund of subscription license fees paid under this Agreement in respect of the remaining Term.

6. GENERAL: Failure by Licensor to enforce any of the terms and conditions of this Agreement shall not be construed as a waiver of its rights hereunder.

This Agreement constitutes the entire agreement between the parties relating to the licensing of the Software. No variation or amendment of or addition to the terms and conditions of this Agreement shall be effective unless Licensor's prior agreement in writing shall have been obtained. The Governing Law of this Agreement shall be that of the Statutes of Northern Ireland.

7. LIMITED WARRANTY: The Software is provided "as-is" and Licensor makes no warranties with respect to the Software.

The above mentioned warranty is in lieu of all other representations, warranties, conditions and guarantees of any kind, express or implied (by statute, common law, collaterally or otherwise), including, but not limited to implied warranties of merchantability and/or fitness for a particular purpose and/or warranties against infringement. Licensor does not warrant that the Software will meet the requirements of any user of the Software under this Agreement or that the Software will be uninterrupted or error free.

8. NO LIABILITY FOR DAMAGES: In no event shall Licensor or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages; provided, however, that this limitation on liability shall not apply to damages arising from the gross negligence or wilful misconduct of Licensor. No Licensor agent or representative is authorised to make any modifications or additions to this provision.

Licensee shall defend, indemnify and hold Licensor harmless from any and all claims, demands, responsibilities, liabilities, and damages arising from any unauthorised use of the Software.

9. USE OF PERSONAL INFORMATION: Licensor processes the personal information collected by it in relation to the Licensee for the purposes of providing technical support and maintenance services (including the issue of patches) to the Licensee, and the Licensee acknowledges and agrees to the use of its personal information for such purpose. Licensor does not disclose any personal information to any outside parties other than Texthelp Ltd group companies to facilitate delivery of service under this agreement.

10. BREACH OF COPYRIGHT: Licensee is solely responsible for ensuring that all output generated using the Software including, but not limited to, audio files or scanned text is in compliance with appropriate copyright laws.

11. NON COMMERCIAL DISTRIBUTION: Licensee shall not, or knowingly permit any third party to, commercially exploit in any way any output generated using the Software including, but not limited to, audio files or scanned text.

12. SOFTWARE USE RESTRICTIONS: Licensee shall not, or knowingly permit any third party to, use the Software to create any speech or audio file whose contents (a) are harmful, threatening, tortuous, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, racially, ethnically, religiously, ethically, morally or otherwise objectionable or harm minors in any way or (b) infringe any third party right, or (c) duplicate, broadcast, transmit or otherwise diffuse any such speech or any audio file.

13. ACKNOWLEDGEMENT: The licensee acknowledges that (s)he has read this license and limited warranty, understands them, and agrees to be bound by their terms and conditions. (S)He also agrees that the license and limited warranty are the complete and exclusive statement of agreement between the parties and supersede all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the license or the limited warranty.

14. GDPR Compliance & International Data Transfers :Texthelp Billing & Contact Data is stored in Amazon Web Services (AWS) which may involve the transfer of Personal Data to the United States of America. Texthelp has entered into Standard Contractual Clauses with AWS in compliance with Article 46 of the GDPR.

SCHEDULE 1

License Type	Territory	Description
OrbitNote Education Group License Subscription	ALL	Within the limits of Licensee’s Group, the Licensee may install and use on Licensee and currently enrolled student owned Devices such number of copies of each Component Product as specified by their Group size in the Purchase Email for the duration of the Term.
OrbitNote Education Unlimited License Subscription	USA/CAN & Rest of World excluding UK & Ireland	Within the limits of Licensee’s Domain(s), as specified in the Purchase Email , the Licensee may install and use an unlimited number of copies of each Component Product on Licensee owned Devices for the duration of the Term. Additionally the Licensee may install one copy of each Component Product on Devices owned and used by students currently enrolled at the institution for the duration of the Term. Students may only use any Component Product for as long as they are enrolled at the institution.
OrbitNote College/University License Subscription	UK/IRE	Within the limits of Licensee’s College/University, as specified in the Purchase Email, the Licensee may install and use such number of copies of each Component Product on Licensee owned Devices as required for the duration of the Term.
OrbitNote School License Subscription	UK/IRE	Within the limits of Licensee’s School, as specified in the Purchase Email, the Licensee may install and use an unlimited number of copies of each Component Product for the duration of the Term. Additionally the Licensee may install one copy of each Component Product on Devices owned and used by pupils currently enrolled at the school for the duration of the Term. Pupils may only use any Component Product for as long as they are enrolled at the school.
OrbitNote Workplace Enterprise License Subscription	ALL	Within the limits of Licensee’s Domain(s), as specified in the Purchase Email , the Licensee may install and use an unlimited number of copies of each Component Product for the duration of the Term on Licensee owned Devices.
OrbitNote Workplace Group License Subscription	ALL	Within the limits of Licensee’s Group, the Licensee may install and use on Licensee owned Devices such number of copies of each Component Product as specified by their Group size in the Purchase Email for the duration of the Term.

NUANCE COMMUNICATIONS

RealSpeak Vocaliser Text To Speech by Nuance.

RealSpeak Solo Text To Speech by Nuance.

Widgit Software

The Picture Dictionary contains the Widgit Symbols (c) Widgit Software 2011 www.widgit.com

WordNet License

This license is available as the file LICENSE in any downloaded version of WordNet.

WordNet 3.0 license: (Download)

WordNet Release 3.0 This software and database is being provided to you, the LICENSEE, by Princeton University under the following license. By obtaining, using and/or copying this software and database, you agree that you have read, understood, and will comply with these terms and conditions.: Permission to use, copy, modify and distribute this software and database and its documentation for any purpose and without fee or royalty is hereby granted, provided that you agree to comply with the following copyright notice and statements, including the disclaimer, and that the same appear on ALL copies of the software, database and documentation, including modifications that you make for internal use or for distribution. WordNet 3.0 Copyright 2006 by Princeton University. All rights reserved. THIS SOFTWARE AND DATABASE IS PROVIDED "AS IS" AND PRINCETON UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PRINCETON UNIVERSITY MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANT- ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE, DATABASE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. The name of Princeton University or Princeton may not be used in advertising or publicity pertaining to distribution of the software and/or database. Title to copyright in this software, database and any associated documentation shall at all times remain with Princeton University and LICENSEE agrees to preserve same.

OXFORD UNIVERSITY PRESS

Dutch Monolingual Dictionary

Prisma woordenboek,

Nederlands

2013 Uitgeverij

Unieboek Het Spectrum bv,

Under license to Oxford University Press.

EXTERNAL LICENSES

bspatch.c and bsdiff.c, from bsdiff 4.3 <http://www.daemonology.net/bsdiff/>:

sais.c and sais.c, from sais-lite (2010/08/07) <https://sites.google.com/site/yuta256/sais>:

Redistribution and use in source and binary forms, with or without

modification, are permitted providing that the following conditions

are met:

1. Redistributions of source code must retain the above copyright

notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright

notice, this list of conditions and the following disclaimer in the

documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR

IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY

DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS

OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING

IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE

POSSIBILITY OF SUCH DAMAGE.

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JPEG GROUP

Windows® is a registered trademark of Microsoft Corporation in the United States and other countries

Working with JPEG image format:This software is based in part on the work of the Independent JPEG Group.

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The MIT License (MIT)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so,subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR INCONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and

(b) You must cause any modified files to carry prominent notices stating that You changed the files; and

(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions.

Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

Open SSL License

This package is an SSL implementation written by Eric Young (eay@cryptsoft.com). The implementation was written so as to conform with Netscapes SSL.

This library is free for commercial and non-commercial use as long as the following conditions are aheared to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).

Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
All advertising materials mentioning features or use of this software must display the following acknowledgement:
"This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the rouines from the library being used are not cryptographic related :-).
If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement:
"This product includes software written by Tim Hudson (tjh@cryptsoft.com)"

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]

Public Information