On Saturday 01 April 2006 21:31, Anurag wrote:
As i could understand it, the GPL requires that the binary distribution should be accompanied with a *written offer* of source code availability. I am sure there is no such written offer present anywhere right now and there has been a voilation.
Heres the license agreement of PCQLinux 2k6...
LICENSE AGREEMENT PCQLinux 2006: This agreement governs the download, installation or use of the Software (as defined below) and any updates to the Software, regardless of the delivery mechanism. The Software is a collective work of many authors. Subject to the following terms, The authors grant to the user ("User") a license to this collective work pursuant to the GNU General Public License (latest version available at www.opensource.org/licenses/gpl-license.php). By downloading, installing or using the Software, the User agrees to the terms of this agreement.
1. THE SOFTWARE. PCQLinux 2006 (the "Software") is a modular Linux operating system consisting of hundreds of software components. The end user license agreement for each component is located in the component's source code. The license terms for the components permit the User to copy, modify, and redistribute the component, in both source code and binary code forms. This agreement does not limit User's rights under, or grant User rights that supersede the license terms of any particular component.
2. INTELLECTUAL PROPERTY RIGHTS. The Software and each of its components, including the source code, documentation, appearance, structure and organization are copyrighted by the respective authors and others and are protected under copyright and other laws. Title to the Software and any component, or to any copy, modification, or merged portion shall remain with the aforementioned, subject to the applicable license. This agreement permits User to distribute unmodified as well as modified copies of the Software. If User modifies the Software, then the modifications will be governed by the terms of the GPL or such other license that governs the individual software component, as the case may be.
3. LIMITED WARRANTY. Except as specifically stated in this agreement or a license for a particular component, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE AND THE COMPONENTS ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Neither PCQuest or Cybermedia warrants that the functions contained in the Software will meet User's requirements or that the operation of the Software will be entirely error free or appear precisely as described in the accompanying documentation. USE OF THE SOFTWARE IS AT USER'S OWN RISK.
4. LIMITATION OF REMEDIES AND LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CyberMedia or the original authors or those who subsequently modified the software or its components WILL NOT BE LIABLE TO USER FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF CYBERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. EXPORT CONTROL. Some of this software has been created in the United States of America and may be subject to US Export controls. As required by U.S. law, User represents and warrants that it: (a) understands that those cmponents of the Software are subject to export controls under the U.S. Commerce Department's Export administration Regulations ("EAR"); (b) is not located in a prohibited destination country under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria); (c) will not export, re-export, or transfer the Software to any prohibited destination, entity, or individual without the necessary export license(s) or authorizations(s) from the U.S. Government; (d) will not use or transfer the Software for use in any sensitive nuclear, chemical or biological weapons, or missile technology end-uses unless authorized by the U.S. Government by regulation or specific license; (e) understands and agrees that if it is in the United States and exports or transfers the Software to eligible end users, it will, as required by EAR Section 741.17(e), submit semi-annual reports to the Commerce Department's Bureau of Industry & Security (BIS), which include the name and address (including country) of each transferee; and (f) understands that countries other than the United States may restrict the import, use, or export of encryption products and that it shall be solely responsible for compliance with any such import, use, or export restrictions.
6. GENERAL. If any provision of this agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This agreement shall be governed by the laws of India, under the jurisdiction of the courts of Delhi, without regard to any conflict of laws or provisions, except that the United Nations Convention on the International Sale of Goods shall not apply.
Copyright (C) 2006 CyberMedia. All rights reserved. "CyberMedia", "PCQuest" "PCQLinux" and "PCQLinux 2006" are trademarks of CyberMedia India Ltd. "Linux" is a registered trademark of Linus Torvalds. All other trademarks are the property of their respective owners.