This license is intended for those who wish to make modifications to the source code of the ccMP3Player. Those who wish to use ccMP3Player as it is, without modifications, do not need to go through the license process and can download the ccMP3Player playback file (swf) from the main ccMP3Player page.
CCMP3PLAYER 2.0.1 SOURCE CODE LICENSE AGREEMENT
YOU MUST READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CLICKING ON THE "I AGREE" BUTTON. BY CLICKING ON THE "I AGREE" BUTTON YOU AGREE TO BE BOUND BY THE TERMS OF THE LICENSE AGREEMENT.
YOU MUST AGREE TO THE FOLLOWING CCMP3PLAYER 2.0.1 LICENSE AGREEMENT (THE "LICENSE") TO USE THE CCMP3PLAYER 2.0.1 SOFTWARE, IN SOURCE CODE, AND ANY ACCOMPANYING DOCUMENTATION RELATING TO THE INSTALLATION, USE, OPERATIONS, FUNCTIONALITY OF THE SOFTWARE COMPONENTS (COLLECTIVELY, THE "SOFTWARE"). BY CLICKING THE "I AGREE" BUTTON OR INSTALLING OR DOWNLOADING OR USING THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE TERMS CONTAINED HEREIN AND YOU BECOME A PARTY TO THIS LICENSE AS THE LICENSEE. IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY TO SUCH A LICENSE. ANY USE OF THE SOFTWARE IS SUBJECT TO AND GOVERNED BY THE LICENSE CONTAINED HEREIN.
IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THE LICENSE, YOU MUST NOT CLICK THE "I AGREE" BUTTON, YOU MUST NOT INSTALL, OR DOWNLOAD OR USE THE SOFTWARE, AND YOU WILL NOT BECOME A LICENSEE UNDER THIS LICENSE.
THIS LICENSE REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU AND THE WGBH EDUCATIONAL FOUNDATION ("WGBH"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN THE PARTIES.
1. General; Definitions.
As used in this License:
1.1 "Applicable Patent Rights" mean: (a) in the case where WGBH is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to WGBH and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.
1.2 "Covered Code" means the combination of Original Code and any Modifications.
1.3 "Externally Deploy" means: (a) to sublicense, distribute or otherwise make Covered Code available, directly or indirectly, to anyone other than You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in any way to provide a service, including but not limited to delivery of content, through electronic communication with a client other than You.
1.4 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.5 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, the combination of Original Code and any previous Modifications, and/or any respective portions thereof.
1.6 "Original Code" means (a) the Source Code of ccMP3Player 2.0.1 as originally made available by WGBH under this License, including the Source Code of any updates or upgrades to such work made available by WGBH under this License, and that has been expressly identified by WGBH as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by WGBH under this License.
1.7 "Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).
1.8 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
Subject to the terms and conditions of this License, WGBH hereby grants to You a perpetual, world-wide, royalty-free, non-exclusive license, to the extent of WGBH's Applicable Patent Rights and copyrights covering the Original Code, effective on the date You accept this License and download the Original Code, to do the following:
2.1 Unmodified Code. You may use, reproduce, display, perform and internally distribute within Your organization, verbatim, unmodified copies of the Original Code for the purpose of creating Modifications, Covered Code and Larger Works, subject to Section 3 below.
2.2 Modified Code. You may modify the Original Code and/or Covered Code and use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy Your Modifications and Covered Code as incorporated into the Larger Work, for commercial purposes, subject to Section 2.2(c), or non-commercial purposes, provided that in each instance You also meet all of these conditions:
- You must retain and reproduce in all copies of Original Code and Covered Code the copyright and other proprietary notices and disclaimers of WGBH as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License;
- You may not sell or sublicense or in any way make available the Original Code or Covered Code on a stand-alone basis; and
- You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change.
2.3 Distribution of Executable Versions. In addition, if You Externally Deploy Covered Code in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that the Original Code is available under the terms of this License with information on how and where to obtain such Original Code.
2.4 Third Party Rights. You expressly acknowledge and agree that although WGBH grants the license to the Original Code contained in the Covered Code set forth herein, no assurances are provided by WGBH that the Original Code nor the Covered Code does not infringe the patent or other intellectual property rights of any other entity. WGBH disclaims any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code.
In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant to WGBH and any person or entity receiving or distributing Original Code as authorized by WGBH a non-exclusive, royalty-free, perpetual, irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, sublicense, distribute and Externally Deploy Your Modifications. You hereby agree to deliver to the Director of Technology of NCAM at WGBH the Modifications and Covered Code within 90 days of creation of such Modifications and Covered Code, including any technical documentation, source files and code necessary to make such Covered Code operable.
Subject to Section 5 below, You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product provided that you do not make the Original Code available on a stand-alone basis and otherwise comply with the terms of Section 2 herein.
Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by WGBH herein. Modifications and/or Larger Works may require additional patent licenses from WGBH which WGBH may grant in its sole discretion.
WGBH may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by WGBH.
The Original Code and Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Original Code and Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Original Code and Covered Code, or any portion thereof, is at Your sole and entire risk. THE ORIGINAL CODE AND COVERED CODE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND WGBH AND WGBH'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "WGBH" FOR THE PURPOSES OF SECTION 8 AND SECTION 9) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WGBH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ORIGINAL CODE AND COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE AND COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ORIGINAL CODE AND COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE AND COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WGBH SHALL CREATE A WARRANTY. You acknowledge that the Original Code and Covered Code are not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Original Code and Covered Code could lead to death, personal injury, or severe physical or environmental damage.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WGBH BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE ORIGINAL CODE AND COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF WGBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall WGBH's total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00).
This License does not grant any rights to use the trademarks or trade names "WGBH", or any other trademarks, service marks, logos or trade names belonging to WGBH (collectively "WGBH Marks"). You agree not to use any WGBH Marks in or as part of the name of products derived from the Original Code or to endorse or promote products derived from the Original Code.
Subject to the licenses granted under this License, WGBH retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of WGBH ("WGBH Modifications"), and such WGBH Modifications will not be automatically subject to this License. WGBH may, at its sole discretion, choose to license such WGBH Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all.
11.1 Termination. This License and the rights granted hereunder will terminate:
- automatically without notice from WGBH if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
- immediately in the event of the circumstances described in Section 12.4(b); or
- automatically without notice from WGBH if You, at any time during the term of this License, commence an action for patent infringement against WGBH; provided that WGBH did not first commence an action for patent infringement against You in that instance.
11.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Section 3, Section 5, Section 7, Section 8, Section 9, Section 10, Section 11.2 and Section 12. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.
12.1 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between You and WGBH, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
12.2 Independent Development. Nothing in this License will impair WGBH's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.
12.3 Waiver; Construction. Failure by WGBH to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.
12.4 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Section 2 and/or Section 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.
12.5 Entire Agreement. This License constitutes the entire agreement between the parties. All prior agreements in connection with the subject matter herein contained, either oral or written, are null and void unless expressly set forth herein. No alteration, modification, or waiver, in whole or in part, of any provision of this License shall be of any effect unless set forth in writing and signed by both parties hereto. A waiver by either party of any breach or default by the other party shall not be construed as a waiver of the same or any other breach or default by such party.
12.6 Governing Law. This License is entered into within the Commonwealth of Massachusetts and shall be governed and construed in accordance with Massachusetts law as if this License were to be fully performed within the Commonwealth of Massachusetts, without giving effect to principles of conflicts of laws. The parties agree to submit to the sole and exclusive jurisdiction of the state and federal courts of the Commonwealth of Massachusetts to resolve any disputes arising hereunder.
"Portions Copyright (c) 2008 WGBH Educational Foundation. All Rights Reserved.
This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the WGBH ccMP3Player 2.0.1 License Agreement (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://ncam.wgbh.org/webaccess/ccforflash/ccmp3playerlicense.html and read it before using this file.
The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WGBH HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing the rights and limitations under the License."
Downloading the Source Files
When you click on the "I agree" button, the link to download the ccMP3Player source code will appear below the button.
For Screen Reader Users
The download link may not show up when you click the "I Agree" button until the virtual buffer is refreshed. You can accomplish this by switching away from the browser and then back again, or by using the screen reader specific refresh key (which is JAWS Key+escape for JAWS users).