0. Terms ========= A few terms are used throughout this text: VULNSCAN: Company owned by Bram Matthys ("Syzop"), located in The Netherlands (Europe) and registered at the Dutch Chamber of Commerce ('kvk') under number 30201562. The author: This term is sometimes used, it means the same as VULNSCAN. The IRC network: The details of these are provided by the buyer, the definition is: The network named which consists of all servers linked to (via other servers or direct) the server(s) with the domain name . This also includes the server(s) with this domain name (ie: irc.). The domain name mentioned here is registered at the official TLD provider that is recognized by ICANN (Internet Corporation for Assigned Names and Numbers) and is allocated/owned by the IRC network. 1. Payment =========== 1a. Method of payment Payment is done via paypal (www.paypal.com) OR by international bank transfer (in the latter case any additional costs that might apply should be covered by the buyer). Payments should be done in euro's (EUR) or US dollar (USD), or their equivalent in other currency (plus any conversion costs that apply). 1b. Shipping & Taxes In most cases modules are emailed. If it is decided upon to ship anyway, then any shipping costs will be paid by VULNSCAN. All prices include any European VAT that might apply. If you are outside Europe, you are assumed to handle any taxes that might apply in your local jurisdiction yourself (eg: sales tax). VULNSCAN does not send modules out tax-free (eg: if you have a VAT#). 2. Handling of orders / what you get ===================================== 2a. Handling incoming orders Upon receipt of your payment you will get an email back to confirm your order along with a few detailed questions about which IRC network the module should be licensed to. The time it takes for this process varies a lot, depending on the circumstances and time of the day it might be longer (eg: 3 days) or considerably shorter (eg: 1h). In some cases, an additional verification procedure will be started which will affect the delivery time, see 2c for more information. NOTE FOR CUSTOM CODING: In case of custom coding - that is: things that need to be coded from scratch or modules that have to be modified - then naturally the agreed on timeframe applies, see 2d for more information. Besides that, the license rules and possibility for an extended verification procedure still apply. 2b. What you will receive After the process mentioned in 2a has completed and the information has been approved by VULNSCAN, you will get a package e-mailed to you. This will contain: the source code of the module (a .c file), a 'README' file along with installation and configuration instructions, a 'LICENSE' file, and an install script ('build'). The contents of this package are subject to the conditions described in '3. Distribution, modification and use'. For warranty and support conditions, see '4. Warranty'. 2c. Extended Verification Procedure In some cases an extended verification procedure (EVP) will be initiated, unfortunately this process takes 2 - 7 days, highly depending on the country you live in. We apologize for the extra delay this might cause, unfortunately due to the digital nature of our business it's the only proper way to fight fraud. 2d. Failure to handle orders If, for any reason, we are not able to handle your request within 10 days then the option to 'withdraw' your buy-request will be presented, in which case you will receive a full refund. EXCEPTION: In case you requested custom coding then the period after which you will have the option to receive a refund is the agreed on timeframe plus 10 days (eg: eta was 3-5 days, then after 12 days you can get a full refund if nothing got delivered to you). If, for any reason, your request to buy a module is rejected, then you will also receive a full refund (if possible). 3. Distribution, modification and use ====================================== 3a. Definitions "The IRC network": the definition of this is: The network named which consists of all servers linked to (via other servers or directly) the server(s) with the domain name . This also includes the server(s) with this domain name (ie: irc.). The details of the items marked in <>'s are provided by the customer. 3b. Rules - Use of this software is only allowed at The IRC Network, whenever a system or person no longer belongs to The IRC Network it must remove the software and all copies of it immediately. - (re)distribution is only allowed to another system of The IRC Network and must consist of distributing the whole software package; distributing only parts of it (ie: only the binary) is not allowed. - Modification of the source code for use at The IRC Network is allowed, modification of any other files (eg: this LICENSE) is forbidden. - Use of this software (or any parts of it) in any other project unrelated to The IRC Network is forbidden. 4. Warranty ============ 4a. Damage, loss of data, etc THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. 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; PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF USE, DATA, CONFIDENTIAL INFORMATION, 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. IN SHORT, USE AT YOUR OWN RISK. THE AUTHORS ARE NOT RESPONSIBLE FOR ANY IMPORT/EXPORT VIOLATIONS THAT DISTRIBUTING OR DOWNLOADING THIS PROGRAM MAY CAUSE. IT IS THE SOLE RESPONSIBILITY OF THE USER TO VERIFY THAT THE PROGRAM MAY BE DOWNLOAD, DISTRIBUTED, OR USED IN THE USER'S NATION. IT IS YOUR RESPONSIBILITY TO MAKE SURE ALL APPLICABLE LAWS ARE FOLLOWED. 4b. Warranty directly after purchase VULNSCAN will (try to) work with you intensively to resolve any difficulties in the use, or installation process directly after you bought the module, including the handling of any questions (as long as the amount of these questions is reasonable). Several tweaks, partial recodes, etc will be done for free if the buyer can not be held responsible for these problems (common examples are: a compiling problem on freebsd, a compile problem with a newer UnrealIRCd, etc). In case the buyer did not properly inform him/herself of the requirements of the module or if there was for some reason a miscommunication of a certain feature, then VULNSCAN will not be held liable for these problems. In such (rare) cases, VULNSCAN could offer a solution (eg: a partial recode for an additional fee, or adding the extra requested feature), but this is solely up to VULNSCAN to decide. 4c. Warranty VULNSCAN will (try to) cooperate with you and try to fix any problems during the first twelve (12) months after your purchase, communication will be done via e-mail. The same rules as mentioned in 4a and 4b apply here, if VULNSCAN is not to blame for the problem no support will be given (some examples: modified code, using the module for a wrong purpose, etc). VULNSCAN will email you any updates for the module(s), patches or other software you bought, until (at least) 1 year after your purchase. These updates typically only contain fixes, but might in some cases contain new features as well. Any new features are explicitly not covered by this warranty. 4d. Exceptions It has been mentioned before in 4a, 4b and 4c, but I just want to repeat it again here. Warranty (and thus support) will be void in case of: - Modification of code - Not conforming to the LICENSE (eg: illegal distribution) [*] - Illegal use [*] - In case the payment was illegal (eg: hacked paypal account) [*] - Any other things that VULNSCAN cannot be blamed of. Items marked with [*] will mean you will no longer be provided with updates, in most other cases you will continue to receive updates (provided you conform to all rules in this document). 5. Jurisdiction and additional comments on this license ======================================================== 5a. Limitations of this license This license is non-exclusive and non-transferable. In short (but without disregarding the legal consequences of above) this means you cannot use the same license for another network, sell the software to others -- even if you do not use the software anymore. Additionally, you might not be the only one that receives the right to use this software -- even if it is a custom coding job. 5b. Jurisdiction Everything (such as: the buy process, this license, liability claims, etc) falls under the Dutch law. 5c. Limitation of claims Without toning down anything in this license, if - for any legal reason - VULNSCAN is forced by law to pay anything with regards to a claim, then this sum can never be higher than the amount of money that was paid for the specific product(s) or service(s) that were ordered.