[theme-reviewers] cu3er license

[Chip Bennett]

Not only is the license itself not GPL-compatible, but also, use of the
application itself in a WordPress Theme, in this manner, violates the
license.

Chip

On Thu, Oct 7, 2010 at 2:43 PM, Simon Prosser <pross at pross.org.uk> wrote:

> > Copyright (c) 2010, Stefan Kovac
> > All rights reserved.
> >
> > By downloading CU3ER v0.9.2 - flash 3D slider, you agree to the
> following:
> >
> > Stefan Kovac grants you the non-exclusive, non-transferable license
> > to use CU3ER subject to the restrictions defined below.
> >
> >     * You may use CU3ER in personal and / or commercial projects.
> >
> >     * You may implement CU3ER in an unlimited number of websites and
> >       offline presentations, as long as you are acting as the
> administrator
> >       and / or developer for those websites and / or presentations.
> >
> >     * You may deploy SWFs containing CU3ER as part of hired work for
> >       a third party as long as the SWF is unique to said party and not
> >       replicated / resold / redistributed as part of a template,
> >       application or service to additional parties.
> >
> >     * SWF containing CU3ER may not be embedded as part of a template,
> >       application, and / or web site where stated template, application,
> >       and/or web site is re-sold and / or re-distributed for independent
> >       use by third parties, without specific prior written permission.
> >
> >     * SWFs containing CU3ER may not be embedded in a template, content
> >       management system, and / or online web service in a manner where
> the
> >       SWF is replicated and used as a slideshow viewer for photos
> contributed
> >       by more than one party.
> >
> >     * CU3ER may not be sub-licensed or resold.
> >
> >     * You agree not to decompile, reverse engineer, disassemble, or
> otherwise
> >       determine or attempt to determine source code for the executable
> code
> >       of CU3ER, and agrees not to permit or authorize anyone else to do
> so.
> >
> >     * CU3ER redistribution must reproduce the above copyright notice,
> this
> >       list of conditions and the disclaimer in the documentation and/or
> >       other materials provided with the distribution.
> >
> >     * Neither the name of CU3ER nor the name of it contributor (Stefan
> Kovac)
> >       may be used to endorse or promote products associated with CU3ER
> without
> >       specific prior written permission.
> >
> > THIS SOFTWARE IS PROVIDED BY STEFAN KOVAC ''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 STEFAN KOVAC 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.
>
> http://themes.trac.wordpress.org/ticket/1297
> would this be a license violation? The license.txt is in the theme
> folder with the swf code, but it does state with written permission,
> which is lacking thoughts?
> --
> My Blog : http://www.pross.org.uk/
> Plugins : http://www.pross.org.uk/plugins/
> Themes  : http://wordpress.org/extend/themes/profile/pross
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