WINCLONE SOFTWARE LICENSE AGREEMENT

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING WINCLONE.  BY USING WINCLONE, YOU 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 WINCLONE. IF WINCLONE WAS ACCESSED ELECTRONICALLY AND YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "DISAGREE/DECLINE".

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

1. General
The software and documentation, whether on disk, in read only memory, on any other media or in any other form (collectively "Winclone") are licensed, not sold, to you by Twocanoes Software, Inc. ("Twocanoes Software") for use only under the terms of this License, and Twocanoes Software reserves all rights not expressly granted to you. The rights granted herein are limited to Twocanoes Software's intellectual property rights in Winclone as licensed hereunder and do not include any other patents or intellectual property rights. You own the media on which Winclone is recorded but Twocanoes Software retains ownership of Winclone itself. The terms of this License will govern any software upgrades provided by Twocanoes Software that replace and/or supplement the original Winclone product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions.
2.1 Single Use License. This License allows you to install and use one copy of Winclone on two Apple-branded computers so long as both computers are owned and used by you.

2.2 Site-wide License.  If you have purchased a site license for Winclone, this license permits use of Winclone on any machines within an organization, institution, campus or household. Site licenses are issued by Twocanoes Software (sales@twocanoes.com) on a case-by-case basis.
a
2.3 Restrictions.  Except as and only to the extent permitted by applicable licensing terms governing use of the Open-Sourced Components, or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of Winclone or any part thereof. WINCLONE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF WINCLONE COULD LEAD TO DEATH, PERSONAL INJURY, OR PHYSICAL OR ENVIRONMENTAL DAMAGE. 

3. Transfer.
You may not rent, lease, lend, redistribute or sublicense Winclone.

4. Consent to Use of Data.
You agree that Twocanoes Software may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of product support and other services to you (if any) related to Winclone. Twocanoes Software may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

5. Termination.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Twocanoes Software if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of Winclone and destroy all copies, full or partial, of Winclone.

6. Disclaimer of Warranties and Limitation of Liability.
6.1 Inherent Risks. The use of Winclone, as with any backup software product, carries inherent risks that can be mitigated by careful preparation, use of the software, and manual verification of data on the backup volume. These risks include, but are not limited to loss of preexisting data on a backup volume, media failure leading to data loss on the source or destination volume and backup failure due to error. These risks, and mitigation efforts to avoid them are described in the documentation included with Winclone.

6.2 Disclaimer of Warranties.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF WINCLONE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINCLONE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Twocanoes Software HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO WINCLONE, 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. Twocanoes Software DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF WINCLONE, THAT THE FUNCTIONS CONTAINED IN Winclone WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF WINCLONE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN WINCLONE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Twocanoes Software OR AN AUTHORIZED REPRESENTATIVE OF Twocanoes Software SHALL CREATE A WARRANTY. SHOULD WINCLONE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 

6.3 Limitation of Liability. Twocanoes Software SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SALE OR USE OF ITS PRODUCTS, WHETHER OR NOT Twocanoes Software HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IF Twocanoes Software BREACHES ANY PROVISION OF THIS AGREEMENT, Twocanoes Software'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE CONTRACT PRICE FOR THE PARTICULAR PRODUCTS.  SPECIFICALLY, Twocanoes Software IS NOT LIABLE FOR ANY DAMAGE TO OR LOSS OF DATA OR INFORMATION ON A COMPUTER SYSTEM THAT IS ALLEGED TO BE CAUSED BY Winclone, INCLUDING THAT Twocanoes Software IS NOT LIABILE FOR ANY ALLEGED ACTS OF NEGLIGENCE.

7. Export Requirements.
Winclone and any documentation and all related technical information or materials may be subject to export controls and may be licensable under the U.S. Government export regulations. You must comply strictly with all legal requirements established under these controls and may not export, reexport, divert, transfer or disclose, directly or indirectly, Winclone, its documentation and any related technical information or materials without the prior approval of the U.S. Department of Commerce.

8. Miscellaneous.
8.1 Choice of Laws. This Agreement shall be governed by, and its terms shall be construed in accordance with, the laws of the State of Missouri. Any disputes shall be resolved by courts in the state of Missouri.

8.2 Waiver. No waiver or breach of any term or condition of this Agreement shall operate as a waiver of any other breach of such term or condition, or of any other term or condition, nor shall any failure to enforce any provisions hereunder operate as a waiver of such provision or any other provision hereunder.

8.3 Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, except in those instances where removal or elimination of such invalid, illegal, or unenforceable provision or provisions would result in a failure of consideration under this Agreement, such invalidity, illegality or unenforceability shall not effect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein.

8.4 Headings. Headings used in this Agreement are for the purpose of reference only and are not to be considered in construction or interpretation of this Agreement.

8.5 Entire Agreement; Amendment. This Agreement contains the entire Agreement between the parties relating to the subject matter hereof. All prior agreements and all prior negotiations, representations and communications relating to the same subject are superseded by this Agreement. This Agreement may not be modified other than by a written document signed by an authorized representative of each party.  Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

9. Third Party Acknowledgements.
Winclone includes third party software that is licensed under the terms of the GNU General Public License (GPL). You may obtain a complete machine-readable copy of the source code for such third party software, not Winclone, under the terms of the GPL without charge except for the cost of media, shipping, and handling, upon written request to Twocanoes Software.  The GPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  A copy of the GPL is included with Winclone.

===========================
NTFSProgs

Copyright (c)
    2002-2004 Matthew J. Fanto
    2002-2006 Anton Altaparmakov
    2002-2005 Richard Russon
    2003-2006 Szabolcs Szakacsits
    2003      Leonard Norrgård
    2004-2005 Yuval Fledel
    2004-2007 Yura Pakhuchiy

This program is free software, released under the GNU General Public License
and you are welcome to redistribute it under certain conditions.  It comes with
ABSOLUTELY NO WARRANTY; for details read the GNU General Public License to be
found in the About menu item, or online at:
http://www.gnu.org/copyleft/gpl.html

Developers' email address: linux-ntfs-dev@lists.sf.net
Linux NTFS homepage: http://www.linux-ntfs.org

===========================
Sparkle Framework 

Copyright (c) 2006 Andy Matuschak

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

=================
EXTERNAL LICENSES
=================

Thanks to Brent Simmons, whose RSS reader class was modiﬁed and used for appcast 
support. His class is licensed as follows:
Copyright (c) 2002, Brent Simmons 
All rights reserved. 
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 ranchero.com or Brent Simmons nor the names of its contributors may be used to endorse 
or promote products derived from this software without speciﬁc prior written permission. 
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “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 COPYRIGHT OWNER OR CONTRIBUTORS 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. 

This project uses software developed by the OpenSSL Project for use in the OpenSSL 
Toolkit (http://www.openssl.org). This toolkit is licensed as follows: 
/* ==================================================================== 
* Copyright (c) 1998-2005 The OpenSSL Project.  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. 
* 
* 3. All advertising materials mentioning features or use of this 
*    software must display the following acknowledgment: 
*    “This product includes software developed by the OpenSSL Project 
*    for use in the OpenSSL Toolkit. (http://www.openssl.org/)” 
* 
* 4. The names “OpenSSL Toolkit” and “OpenSSL Project” must not be used to 
*    endorse or promote products derived from this software without 
*    prior written permission. For written permission, please contact 
*    openssl-core@openssl.org. 
* 
* 5. Products derived from this software may not be called “OpenSSL” 
*    nor may “OpenSSL” appear in their names without prior written 
*    permission of the OpenSSL Project. 
* 
* 6. Redistributions of any form whatsoever must retain the following 

*    acknowledgment: 
*    “This product includes software developed by the OpenSSL Project 
*    for use in the OpenSSL Toolkit (http://www.openssl.org/)” 
* 
* THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS’’ AND ANY 
* EXPRESSED 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 OpenSSL PROJECT OR 
* ITS CONTRIBUTORS 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. 
* ==================================================================== 
* 
* This product includes cryptographic software written by Eric Young 
* (eay@cryptsoft.com).  This product includes software written by Tim 
* Hudson (tjh@cryptsoft.com). 
* 
*/
 
Original SSLeay License 
/* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) 
* All rights reserved. 
* 
* This package is an SSL implementation written 
* by Eric Young (eay@cryptsoft.com). 
* The implementation was written so as to conform with Netscapes SSL. 
* 
* This library is free for commercial and non-commercial use as long as 
* the following conditions are aheared to.  The following conditions 
* apply to all code found in this distribution, be it the RC4, RSA, 
* lhash, DES, etc., code; not just the SSL code.  The SSL documentation 
* included with this distribution is covered by the same copyright terms 
* except that the holder is Tim Hudson (tjh@cryptsoft.com). 
* 
* Copyright remains Eric Young’s, and as such any Copyright notices in 
* the code are not to be removed. 
* If this package is used in a product, Eric Young should be given attribution 
* as the author of the parts of the library used. 
* This can be in the form of a textual message at program startup or 
* in documentation (online or textual) provided with the package. 
* 
* 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 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. 
* 3. All advertising materials mentioning features or use of this software 
*    must display the following acknowledgement: 
*    “This product includes cryptographic software written by 
*     Eric Young (eay@cryptsoft.com)”
*    The word ‘cryptographic’ can be left out if the rouines from the library 
*    being used are not cryptographic related :-). 
* 4. If you include any Windows speciﬁc code (or a derivative thereof) from 
*    the apps directory (application code) you must include an acknowledgement: 
*    “This product includes software written by Tim Hudson (tjh@cryptsoft.com)” 
* 
* THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``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 OR CONTRIBUTORS 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. 
* 
* The licence and distribution terms for any publically available version or 
* derivative of this code cannot be changed.  i.e. this code cannot simply be 
* copied and put under another distribution licence 
* [including the GNU Public Licence.] 
*/
