NuFS Software End User License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE PURCHASING OR USING THE NuFS SOFTWARE (DEFINED BELOW). BY USING THE NuFS SOFTWARE, YOU (EACH LICENSEE IS ADDRESSED AS “YOU” IN THIS DOCUMENT) ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE NuFS SOFTWARE.

IMPORTANT NOTE: This software may be used to reproduce, modify, publish and distribute materials. It is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish and distribute. If you are uncertain about your right to copy, modify, publish and distribute any material you should contact your legal advisor.

1. General. The software, including any and all of its versions and variations, tools, utilities, sample or example code, documentation, and other materials accompanying this License, whether on disk, print or electronic documentation, in read only memory, or any other media (collectively, the “NuFS Software”) are licensed, not sold, to you by iohead LLC (“iohead”) and/or iohead’s licensors. The rights granted herein are limited to iohead’s and/or iohead’s licensors’ respective intellectual property rights in the NuFS Software and do not include any other patents or intellectual property rights. You own the media on which the NuFS Software is recorded but iohead and/or iohead’s licensors retain ownership of their respective portions of the NuFS Software itself. The terms of this License will govern any software upgrades provided by iohead that replace and/or supplement the original NuFS Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. License Types. If you received the NuFS Software as part of a product that uses the NuFS Software as a building block (“NuFS-based Product”) and whose vendor has a current and valid license from iohead to redistribute the NuFS Software along with the said NuFS-based product, you may use the NuFS Software under the terms and conditions of this License.

3. Permitted License Uses and Restrictions.

You may use the NuFS Software only in the manner it is employed by the NuFS-based product you acquired it with. The license agreement terms, if any, of the NuFS-based product itself may not overrule or alter any of the terms of this License.

Other Restrictions. Except as and only to the extent expressly permitted by this License or to the extent that the following restrictions are prohibited by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the NuFS Software, modify, decrypt, create derivative works of, incorporate into or compile in combination with your own programs, sublicense or otherwise redistribute the NuFS Software.

4. Transfer. You may not rent, lease, lend, redistribute or sublicense the NuFS Software. NFR (Not for Resale) and Evaluation Copies: Notwithstanding other sections of this License, NuFS Software labeled by iohead as Not for Resale or Evaluation, or otherwise provided to you by iohead on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.

5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from iohead if you fail to comply with any term(s) of this License.

6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE NuFS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE NuFS SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IOHEAD LLC AND IOHEAD LLC’S LICENSORS (COLLECTIVELY REFERRED TO AS “IOHEAD” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE NuFS SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, 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 NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IOHEAD DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE NuFS SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE NuFS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE NuFS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE NuFS SOFTWARE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE NuFS SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE NuFS SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IOHEAD OR AN IOHEAD AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE NuFS SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL IOHEAD BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE NuFS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF IOHEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Export Control. You may not use or otherwise export or reexport the NuFS Software except as authorized by United States law and the laws of the jurisdiction(s) in which the NuFS Software was obtained. In particular, but without limitation, the NuFS Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the NuFS Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the NuFS Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.

9. Third Party Acknowledgements. Portions of the NuFS Software may utilize the following copyrighted material, the use of which is hereby acknowledged.

A. Google Inc. (MacFUSE)
Copyright (c) 2007-2009 Google Inc.
All rights reserved.

MacFUSE is a package developed by Google and is covered under the following BSD-style license:

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

B. Csaba Henk (fuse4bsd)
Copyright (C) 2005 Csaba Henk. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. 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; LOSS OF USE, DATA, 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.

C. Miklos Szeredi (libfuse)
Copyright (C) 2001-2007 Miklos Szeredi <miklos@szeredi.hu>

libfuse can be distributed under the terms of the GNU LGPLv2.

Source code for the LGPLv2-covered portions of the NuFS version of libfuse is available for no cost upon request.

10. NuFS Software License Agreement Version: 1

An online version of this License is available at:

http://iohead.com/legal/NuFS/