Preamble

Netexceed Tracker is a free, software that can be used for commercial or noncommercial purposes. There are no fees, however if you wish to make a donation above $40.00 I will provide you with a special version of the software where you can change the software name easily, and remove the license headers. However you cannot redistribute this special version.

Terms and Conditions

What you can do:

1. You have the right to modify the software, remove the logo, and name for your commerical or noncommercial purposes without the right to redistribute.

2. You may redistribute modified versions without profit (meaning it must be free) if you do not modify, or remove the software’s orginial name, “Netexceed Tracker”, from any source code, or the software itself as it was when it was orginially distributed from http://netexceed.com. (don’t redistribute a rebranded version, though you may include your name in the modified version so long as the software’s name has not been altered from any part of the source code, or logo). I don’t have a problem with you adding your name to it, but you must leave my name, and the words “Netexceed Tracker” where ever they appear on the orginial distribution version (including, but not limited to the header, and footer files).

3. You may release updates, modifications, or plugins.

You have the right to modify the software, but cannot redistribute any modified versions without the software’s name or license staying intact. This includes the logo, header, footer, and anywhere else the Netexceed Tracker name is found in the original distribution release. You cannot rebrand the software, and redistribute the software for commerical or noncommerical purposes. You can rebrand for internal purposes only, without the right to redistribute the rebranded version.

15. Disclaimer of Warranty.

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

16. Limitation of Liability.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER INCLUDING JASON MOHAN, NETEXCEED, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Interpretation of Sections 15 and 16.

If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.