434 lines
21 KiB
Plaintext
434 lines
21 KiB
Plaintext
NOTICE
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All use of the Original Code (GIPS iLBC, and code provided
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by GIPS as part of any related IETF Standard or draft standard) is
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subject to the complete Global IP Sound iLBC Public License, IETF
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Standard, Limited Commercial Use (the (License"). By accessing the
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Original Code You agree to the License terms. PLEASE SEE THE COMPLETE
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LICENSE BELOW FOR ADDITIONAL TERMS. In general: Personal, non-commercial
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use is generally permitted. Commercialization is permitted with
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certain limitations; for example, to ensure that every iLBC decoder
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can decode every iLBC-encoded payload, commercial "Deployment" must
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comply with the applicable IETF Standard/draft, and the format of
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the bitstream may not be modified. You are provided no warranty or
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support, and all liability is disclaimed. You must register this
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license with GIPS prior to any commercial Deployment.
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The License is available from
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http://www.globalipsound.com/legal/licenses/ilbc; or from Global
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IP Sound Europe AB, Ölandsgatan 42, SE-116 63, Stockholm, Sweden,
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+46.8.545.5.30.40 tel, +46.8.545.5.30.49 fax; or from Global IP
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Sound Inc., 900 Kearny Street, 5th Floor, San Francisco, California
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94133-5124 USA, +1 415.397.2555 tel, +1 415.397.2577 fax; or by
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sending a request to info@globalipsound.com. The current IETF
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Standards can also be found at http://www.ietf.org/rfc/rfc3951.txt
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plus http://www.ietf.org/rfc/rfc3952.txt. The initial developer of
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the Original Code is Global IP Sound Inc. Portions Copyright (C)
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1999-2005, All Rights Reserved. iLBC is a trademark of Global IP
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Sound. All redistribution is subject to the License; source code
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must include this Notice.
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Global IP Sound iLBC Public License, v2.0 IETF Version - Limited
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Commercial
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Use PLEASE READ THIS LICENSE AGREEMENT. This is a legal agreement
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("License") between any user ("You") and Global IP Sound Inc.
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("GIPS"). By using the software, you agree to the following terms
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and conditions. You are also asked to sign and return the attached
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acknowledgment of this agreement or accept a "popup" license in a
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form that registers Your use with GIPS. The Original Code is licensed
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by GIPS for use only on the terms of this License.
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1 DEFINITIONS.
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1.1 "Covered Code" means any of the Original Code, alone or in
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combination with Modifications.
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1.2 "Deploy" means any use, licensing, or distribution of Covered
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Code other than for Personal Use.
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1.3 "Executable" means Covered Code in any form other than Source
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Code.
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1.4 "GIPS" means Global IP Sound Inc. and its officers, directors,
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employees, agents, subsidiaries and affiliates.
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1.5 "IETF Standard" means the iLBC standard as submitted by GIPS
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to the Internet Engineering Task Force (IETF), including all draft
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and other intermediate documents filed with the IETF during the
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standards process. The current IETF RFC standard is available at
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http://www.ietf.org/rfc/rfc3951.txt plus
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http://www.ietf.org/rfc/rfc3952.txt.
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1.6 "Larger Work" means a work that combines any Covered Code with
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code not governed by the terms of this License.
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1.7 "Modification" means any change, addition to, or deletion from
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the substance or structure of the Original Code, previous Modifications,
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or combinations of Original Code and previous Modifications.
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1.8 "Original Code" means (a) the iLBC Source Code, including code
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made available by GIPS in an IETF iLBC draft, originally made
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available by GIPS under this License, including any updates or
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upgrades to such programs or works made available by GIPS under
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this License; (b) the object code compiled from such Source Code;
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and (c) related documentation.
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1.9 "Patent Rights" means, where GIPS is the grantor of rights,
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claims of patents that are now or hereafter acquired, owned by, or
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assigned to GIPS that cover subject matter contained in the Original
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Code, but only to the extent necessary to use, reproduce, or
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distribute the Original Code without infringement.
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1.10 "Personal Use" means use of Covered Code by an individual
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solely for personal, private, and non-commercial purposes. Use of
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Covered Code in an individual's capacity as an officer, employee,
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member, independent contractor, or agent of a corporation, business,
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or organization (commercial or non-commercial) does not qualify as
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Personal Use.
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1.11 "Source Code" means the human-readable or other preferred form
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for making modifications to Covered Code, including all modules it
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contains; associated interface definition files; and scripts used
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to control compilation and installation of an Executable.
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1.12 "You" (or "Your") means an individual or legal entity exercising
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rights under this License. For legal entities, "You" includes any
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entity that controls, is controlled by, or is under common control
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with You, where "control" means (a) the power, direct or indirect,
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to cause the direction or management of such entity, whether by
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contract or otherwise, or (b) ownership of more than Fifty Percent
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of the outstanding shares or beneficial ownership of such entity.
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2 PERMITTED USES, CONDITIONS, AND RESTRICTIONS.
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2.1 Grant. Subject to the terms and conditions of this License,
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GIPS hereby grants You the following worldwide, royalty-free,
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non-exclusive license, subject to third party intellectual property
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claims, to the extent of GIPS's applicable Patent Rights and
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copyrights covering the Original Code:
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(A) Personal Use: You may use, reproduce, display, perform, modify
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and distribute Original Code, with or without Modifications, solely
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for Your Personal Use; but you must retain and reproduce in all
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copies of Covered Code and documentation (i) the copyright and
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other proprietary notices and disclaimers of GIPS as they appear
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in the Original Code, (ii) all notices that refer to this License,
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(iii) the notice and acknowledgment in Appendix A in each file of
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the Source Code or in a location (such as a relevant directory)
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where a user would be likely to look for such a notice, and (iv)
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this License; and You may not offer or impose any terms on such
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Source Code that alter or restrict this License or the recipients'
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rights hereunder, except as permitted under Section 3.2.
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(B) Deployment: You may use, reproduce, display, perform, modify,
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and Deploy Covered Code, provided that 1. You must satisfy all the
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conditions of Section 2.1(A), and 2. Covered Code may be Deployed
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only in compliance with the then-applicable IETF Standard, and
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Modifications must not change the format of the bitstream.
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(C) You may create a Larger Work by combining Covered Code with
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other code and distribute the Larger Work as a single product; but
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You must ensure that the requirements of this License, including
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Section 2.1(B)(2), are fulfilled.
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2.2 Application Of License To Modifications. The Modifications that
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You create or to which You contribute are governed by the terms of
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this License. The Source Code version of Covered Code may be
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distributed only under the terms of this License or a future version
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of this License released under Section 2.6, and You must include
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a copy of this License with every copy of the Source Code You
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distribute. However, You may include an additional document offering
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the additional rights described in Section 3.2.
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2.3 Limitations. Except as expressly stated in Section 2.1, no
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other rights (including patent rights), express or implied, are
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granted by GIPS. Modifications and Larger Works of GIPS may require
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additional patent and other licenses from GIPS which GIPS may grant
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in its sole discretion. You expressly acknowledge and agree that
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no assurances are provided by GIPS that the Covered Code does not
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infringe the patent or other intellectual property rights of any
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other entity, and GIPS disclaims any liability to You for claims
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brought by any other entity based on infringement of intellectual
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property rights or otherwise. As a condition to exercising the
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rights and licenses granted hereunder, You hereby assume sole
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responsibility to secure any other intellectual property rights
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needed, if any.
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2.4 Registration. You must register Your Deployment (non-personal)
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use of the Original Code and acceptance of this License by completing
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Appendix A and returning it to GIPS as indicated (or providing
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equivalent information to GIPS).
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2.5 Your Grants. In consideration of and as a condition to the
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licenses granted to You, You hereby grant to GIPS, under Your
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applicable patent and other intellectual property rights, an
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unrestricted, non-exclusive, worldwide, royalty-free, perpetual,
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and irrevocable license to (a) Your Modifications and (b) any error
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reports or other feedback you provide to GIPS regarding the Original
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Code.
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2.6 New Versions. GIPS may publish revised or new versions of the
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License. Once Covered Code has been published under a particular
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version of the License, You may always continue to use it under
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the terms of that version, or You may choose to use such Covered
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Code under the terms of any subsequent version of the License
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published by GIPS. No one other than GIPS has the right to modify
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the terms applicable to Covered Code created under this License.
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The current version of this License will be posted at
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www.globalipsound.com/legal/licenses/ilbcfreeware.
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2.7 Derivative Works. If You create or use a modified version of
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this License (which You may only do in order to apply it to code
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that is not already Covered Code governed by this License), You
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must (a) rename the license and (b) otherwise make it clear that
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Your version of the license contains terms which differ from this
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License.
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3 OBLIGATIONS REGARDING DISTRIBUTION.
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3.1 Distribution of Executable Versions. You may distribute Covered
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Code in Executable form only if the requirements of Section 2.1
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above have been met; in addition You must conspicuously set forth,
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in documentation or collateral in which You describe recipients'
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rights in any Executable version, a notice stating that the Source
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Code version of the Original Code is available under the terms of
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this License.
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3.2 Your Distribution License. You may choose to offer, and to
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charge a fee for, warranty, support, indemnity, or liability
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obligations and other rights consistent with the scope of this
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License ("Additional Terms") to recipients of Covered Code, provided,
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however, that: (a) You may do so only on Your own behalf and as
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Your sole responsibility, and not on behalf of GIPS; (b) You must
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make it absolutely clear that Additional Terms are offered by You
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alone, and not by GIPS; and (c) the license may not limit or alter
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the recipient's rights in Original Code version from the rights
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set forth in this License. You hereby agree to defend and indemnify
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GIPS regarding any claims asserted against GIPS relating to any
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Additional Terms.
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4 NO WARRANTY OR SUPPORT.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS" AND WITHOUT
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WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT
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LIMITATION WARRANTIES THAT COVERED CODE IS FREE OF DEFECTS,
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. THE
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ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
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IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
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YOU (NOT GIPS) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR
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OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
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PART OF THIS LICENSE; NO USE OF ANY COVERED CODE IS AUTHORIZED
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HEREUNDER EXCEPT UNDER THIS DISCLAIMER. The Covered Code may be
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incomplete; contain pre-release, untested, or not-fully-tested
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works; and may contain errors that could cause failures or loss of
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data. You expressly acknowledge and agree that use of any Covered
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Code is at Your sole and entire risk. No upgrades or support are
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provided under this License.
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5 LIMITATION OF LIABILITY.
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TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT IS GIPS OR ANY OF
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ITS SUPPLIERS LIABLE UNDER ANY LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY
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DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
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DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS LICENSE OR
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THE USE OR INABILITY TO USE THE COVERED CODE OR ANY PORTION THEREOF,
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INCLUDING BUT NOT LIMITED DAMAGES FOR LOSS OF GOODWILL, WORK
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STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF USE, LOST DATA,
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LOST PROFITS, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE
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GOODS OR SERVICES, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF GIPS
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HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING
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THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS
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DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL
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DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT DOES
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GIPS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY
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BE REQUIRED BY APPLICABLE LAW) UNDER THIS LICENSE EXCEED THE AMOUNT
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OF FIFTY DOLLARS (US$50.00).
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6 TRADEMARKS.
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This License does not grant any right or license to use the trademarks
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or trade names "Global IP Sound", "GIPS", "iLBC", "SoundWare", or
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any other GIPS trademarks, trade names, design marks, or logos
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(collectively, "GIPS Marks"), except that "iLBC" may be used in
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reference to the IETF Standard. No GIPS Marks may be used to endorse
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or promote products derived from the Original Code other than as
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permitted by and in strict compliance with GIPS's trademark usage
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guidelines.
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7 OWNERSHIP.
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GIPS retains all interests in the Original Code and any Modifications
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made by or on behalf of GIPS ("GIPS Modifications"). GIPS Modifications
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are not automatically subject to this License; GIPS may, at its
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sole discretion, choose to license such GIPS Modifications under
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this License or on different terms from those contained in this
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License, or may choose not to license them.
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8 TERMINATION.
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8.1 This License terminates automatically if You fail to comply
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with its terms and fail to cure such breach within 28 days of
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becoming aware of the breach.
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8.2 If You initiate a patent infringement claim (excluding declaratory
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judgment actions) against GIPS alleging that the Original Code or
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any GIPS Modification directly or indirectly infringes any patent,
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then any rights granted to You under this License terminate upon
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60 days notice from GIPS unless You either (i) agree in writing to
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pay GIPS a mutually agreeable reasonable royalty for Your past and
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future use of Original Code and GIPS Modifications or (ii) withdraw
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Your litigation claim.
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8.3 Effect of Termination. Upon termination, You agree to immediately
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stop any further use, reproduction, modification, sublicensing,
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and distribution of the Covered Code, and to destroy all copies of
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the Covered Code that are in Your possession or control. Provisions
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that by their nature should remain in effect beyond the termination
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of this License, including but not limited to 2.2 "Limitations On
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Patent License", 2.5 "Your Grant", 4 "No Warranty Or Support", 5
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"Limitation Of Liability", 7 "Ownership", 8.3 "Effect Of Termination",
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10.2 "Independent Development", and other applicable provisions of
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Article 10, survive its termination. All end user license agreements
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to the Covered Code (excluding distributors and resellers), if
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validly granted prior to termination, survive any termination of
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this License. No party is liable to any other for compensation,
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indemnity, or damages of any sort solely as a result of terminating
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this License in accordance with its terms, and termination of this
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License is without prejudice to any other right or remedy of any
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party.
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9 U.S. GOVERNMENT END USERS.
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The Covered Code is a "commercial item", as that term is defined
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in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
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software" and "commercial computer software documentation", as such
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terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
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48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June
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1995), all U.S. Government End Users acquire Covered Code with only
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those rights set forth in this License.
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10 MISCELLANEOUS.
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10.1 Relationship. This License may not be construed as creating
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an agency, partnership, joint venture, or any other legal association
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between You and GIPS, and You may not represent to the contrary,
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whether expressly, by implication, or otherwise.
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10.2 Inability To Comply. If it is impossible for You to comply
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with any term of this License due to statute, judicial order, or
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regulation, then You must: (a) comply with the terms of this License
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to the maximum extent possible and (b) describe the limitations
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and the code they affect. Such description must be included with
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all distributions of Source Code, and should be sufficiently detailed
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for a recipient of ordinary skill to be able to understand it.
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10.3 Independent Development. Nothing in this License impairs GIPS's
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right to acquire, license, develop, have others develop for it,
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market, or distribute technology or products that perform the same
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or similar functions as, or otherwise compete with, Original Code,
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Covered Code, Modifications, Larger Works, or technology or products
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You may develop, produce, market, or distribute.
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10.4 Waiver; Construction. Failure by GIPS to enforce any provision
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of this License may not be deemed a waiver of future enforcement
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of that or any other provision. Any law or regulation that provides
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that the language of a contract is construed against the drafter
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does not apply to this License.
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10.5 Severability. If any provision of this License is unenforceable,
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that provision will be enforced to the maximum extent permissible
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and reformed only to the extent necessary to make it enforceable
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so as to effect the intent of the parties, and the remainder of
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this License continues in full force and effect. Notwithstanding
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the foregoing, if You are unable to comply fully with Section 2.1
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or 2.5, this License terminates immediately and You must immediately
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discontinue any use of the Covered Code and destroy all copies of
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it that are in Your possession or control.
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10.6 Dispute Resolution; Governing Law. This License is governed
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by the laws of the United States and the State of California. Choice
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of law rules do not apply, regardless of jurisdiction. Any litigation
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relating to this License is subject to the jurisdiction of the
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Federal Courts of the Northern District of California, with venue
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in San Francisco County, California, and You and GIPS hereby consent
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to personal jurisdiction and venue therein with respect to this
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License. Application of the United Nations Convention On Contracts
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For The International Sale Of Goods is expressly excluded. The
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losing party in any litigation is responsible for all costs,
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reasonable attorneys' fees, and expenses.
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10.7 Entire Agreement. This License is the parties' entire agreement
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with respect to its subject matter.
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10.8 If You are located in the province of Quebec, Canada, the
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following clause applies: The parties hereby confirm that they have
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requested that this License and all related documents be drafted
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in English. Les parties ont exigé que le présent contrat et tous
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les documents connexes soient rédigés en anglais.
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Appendix A - Global IP Sound iLBC Public License, v2.0 IETF Version
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- Limited Commercial Use
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This file is subject to the Global IP Sound iLBC Public License,
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v2.0 - IETF Version - Limited Commercial Use (the "License"). Please
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obtain a copy of the License and read it carefully before using or
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redistributing the software; by downloading or using the software
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You accept and agree to the terms of the License. If You are agreeing
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to the License on behalf of a company, You represent that You are
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authorized to bind the company to such a license; if You do not
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meet this criterion, or You do not agree to any of the terms of
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the License, do not download, access, or use the software, and
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destroy any copies.
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NOTICE
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All use of the Original Code (GIPS iLBC , and code provided by GIPS
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as part of any related IETF Standard or draft standard) is subject
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to the complete Global IP Sound iLBC Public License, IETF Standard,
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Limited Commercial Use (the (License"). By accessing the Original
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Code You agree to the License terms. PLEASE SEE THE COMPLETE LICENSE
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BELOW FOR ADDITIONAL TERMS. In general: Personal, non-commercial
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use is generally permitted. Commercialization is permitted with
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certain limitations; for example, to ensure that every iLBC decoder
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can decode every iLBC-encoded payload, commercial "Deployment" must
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comply with the applicable IETF Standard/draft, and the format of
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the bitstream may not be modified. You are provided no warranty or
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support, and all liability is disclaimed. You must register this
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license with GIPS prior to any commercial Deployment.
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The License is available from
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http://www.globalipsound.com/legal/licenses/ilbc; or from Global
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IP Sound Europe AB, Ölandsgatan 42, SE-116 63, Stockholm, Sweden,
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+46.8.545.5.30.40 tel, +46.8.545.5.30.49 fax; or from Global IP
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Sound Inc., 900 Kearny Street, 5th Floor, San Francisco, California
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94133-5124 USA, +1 415.397.2555 tel, +1 415.397.2577 fax; or by
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sending a request to info@globalipsound.com. The current IETF
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|
Standards can also be found at http://www.ietf.org/rfc/rfc3951.txt
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plus http://www.ietf.org/rfc/rfc3952.txt. The initial developer of
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the Original Code is Global IP Sound Inc. Portions Copyright (C)
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1999-2005, All Rights Reserved. iLBC is a trademark of Global IP
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Sound. All redistribution is subject to the License; source code
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must include this Notice.
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I have read and understood, and I agree to, the terms and conditions
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of the Global IP Sound iLBC Public License v2.0, IETF Version,
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Limited Commercial Use.
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Signature:
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Date:
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Name:
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Title:
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Company:
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Address:
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Telephone:
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Fax:
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Email:
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Intended Use:
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Please send to Global IP Sound Europe AB, Ölandsgatan 42, SE-116
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63, Stockholm, Sweden +46.8.545.5.30.40 tel, +46.8.545.5.30.49 fax
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info@globalipsound.com Attn: Roar Hagen Cc: GIPS Legal, via fax to
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+1.415.397.2577
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