Alpaquita End User License Agreement

PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. BY USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND YOUR USE SIGNIFIES YOUR ASSENT TO AND ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT USE SOFTWARE.

"BellSoft" refers to BellSoft, Inc. "You" and "your" refers to the individual or entity that has acquired a copy of this software. This Agreement governs the use of any software application that includes or refers to this license and any related updates, source code, appearance, structure and organization (the "Software").

  1. Grant of Licenses to the Software. The Software contains many components developed by BellSoft and various third parties. The license for each component is located in the licensing documentation and/or in the component's source code. The source code for the Software can be found and accessed online at https://bell-sw.com/pages/downloads/alpaquita/. In addition, BellSoft grants you a license to the selection, coordination and arrangement of the component parts of the Software under the GNU General Public License version 2.0. If another software program is merely aggregated on a volume of a storage or distribution medium with the Software, that software program is not within the scope of the aforesaid compilation license. This Agreement does not limit, supersede or modify your rights under the license associated with any separately licensed individual component.

  2. Intellectual Property Rights. The intellectual property rights in the Software are owned by BellSoft and other licensors and are protected under copyright law and other laws as applicable. You may distribute unmodified Software without removing any BellSoft trademark(s) that are included in the unmodified Software. You are not granted any other rights to BellSoft trademarks, and you acknowledge that you shall not gain any proprietary interest in the BellSoft trademarks. If you distribute modified Software, you must remove all BellSoft trademarks. You acknowledge that deletion may corrupt the Software. All goodwill arising out of use of the BellSoft trademarks shall inure to the benefit of BellSoft.

  3. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BELLSOFT FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

  4. Limitation of Liability. IN NO EVENT SHALL BELLSOFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF BELLSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BELLSOFT'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS (U.S.).

  5. No Technical Support. BellSoft will not provide to you technical support, phone support, or updates for the Software. Technical support, if available, may be acquired from BellSoft under a separate agreement.

  6. Export Regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the Software outside the US.

  7. Entire Agreement. You agree that this Agreement is the complete Agreement for the Software, and this Agreement supersedes all prior or contemporaneous Agreements or representations. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention on the International Sale of Goods applies to this Agreement.

  8. Offer for Source Code. For software that you receive from BellSoft in binary form that is licensed under an open source license that gives you the right to receive the source code for that binary, you can obtain a copy of the applicable source code from https://bell-sw.com/pages/downloads/alpaquita/. Alternatively, if the source code for the technology was not provided to you with the binary, you can also receive a copy of the source code on physical media by submitting a written request to:

    BELLSOFT
    111 North Market st., Suite 300
    San Jose, CA, US
    95113

Your written or emailed request should include:

  • The name of the component or binary file(s) for which you are requesting the source code
  • The name and version number of the BellSoft product
  • The date you received the BellSoft product
  • Your name
  • Your company name (if applicable)
  • Your return mailing address and email
  • A telephone number in the event BellSoft needs to reach you.

BellSoft may charge you a fee to cover the cost of physical media and processing. Your request must be sent (i) within three (3) years of the date you received the Software product that included the component or binary file(s) that are the subject of your request, or (ii) in the case of code licensed under the GPL v3, for as long as BellSoft offers spare parts or customer support for that product model or version.