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winPenPack License Agreement

winPenPack License Agreement v1.1
(Last revision: 10.04.2011)




  1. Introduction

    winPenPack is a free project created in 2005, having, as main objective, research and development of portable software. The project is coordinated and directed by a Development Team, assisted by a community of users and contributors, providing their contribute at no charge. The use of software and contents present on official website is subject to the acceptance of this license agreement terms and conditions. We reserv ourself the right to modify, at any time, this License Agreement. These adjustments will be considered active just when published on this site.

    The project is subdivided into several activities, including research, reporting and production of launchers and portable programs, publication of tutorials, guides, texts and articles related with portable programs, winPenPacks creation and distribution, and more.

    winPenPack interest, in the viewpoint of development and diffusion of free portable software, aims primarily open source software, and, in particular cases, acts also on Freeware programs, protabilized upon respective authors authorization.



  2. Description of produced material


    1. winPenPack

      winPenPack is an applications environment of Free Software, modified for being run and used from an USB pendrive, without need of installation. It is a really self-contained environment, within programs, .xml and config files, documents are homogeneously integrated.
      Portable software included into winPenPack does not need to be installed, does not write their settings into host PC, and can be easily carried between multiple computers through any external device, as removable hard disks or USB pendrives.
      Programs are subdivided in categories and executable through a practical menu, analogue to Windows menu Start, the winPenPack Launcher. winPenPack suites are available in the following editions: Flash Essential, Flash 2Gb, Flash School, Flash Web and Flash Game.

    2. X-Software

      X-Software, distributed in .zip or .exe format or hosted by our or other authorized mirrors, are created and developed by winPenPack Team. Each X-Software is composed by a launcher, X-Launcher, that allow to modify, as one likes, program startup options for let it portable, that runs an existing not natively portable program, through an .ini configuration file. X-Software, X-Launchers and .ini files created for portabilize programs are exclusive work of winPenPack development Team, and constitute integrant part of winPenPack.

    3. winPenPack Menu

      winPenPack Menu (or winPenPack Launcher) is the menu for launching applications collected in winPenPacks, created by winPenPack Team for the project.

    4. Portable Software

      Portable Software are programs that are executed on host PC without leaving tracks of their execution. Generally, they don't reside in our site, but they are present as direct links to files hosted on the developer/distributor site. These software are just identified and indicated in related pages for a possible download.

    5. Website and documentation

      The winPenPack official domain is winpenpack.com with mirror on winpenpack.it, winpenpack.org, winpenpack.info, winpenpack.eu and winpenpack.net. The project is hosted also on SourceForge. The site hosts all winPenPacks, programs, source code, configuration files and all documentation created by winPenPack development Team, collaborators, community members.

    6. Source code and development

      You can contribute to the growth of the project by further developing winPenPack components. The complete source code is available in SourceForge repository. To collaborate to the development of winPenPack components, please refer to related forum sections (X-Software development, winPenPack menu development).



  3. General license guidelines and copyright


    The project collects documents, scripts, ideas and material protected by author's rights and software released under different licenses. Every component, program, launcher, configuration (.xml .ini) and documentation file is subject to its own license and copyrighted by respective authors. Materials and software created by winPenPack Team, except where indicated, are released under GNU General Public License. X-Launcher and winPenPack launcher, original works of Development Team and integrated parts of winPenPack, are released under GNU General Public License. On X-Software, the program associated to the launcher is property of its own author, winPenPack just portabilizes it, and is covered by its own license. The Portable Software, included in winPenPack collections or indicated in the download section of website, are property of their authors and are covered by their own licenses. The documentation and all website contents, except where indicated, are released under Creative Commons License (Attribution-Noncommercial-No Derivative Works 3.0).


    Creative Commons License
    This website is licensed under a
    Creative Commons License.



  4. Trademarks usage


    1. Trademarks of programs included in winPenPack and in X-Software

      All names, logos, registered products and trademarks mentioned on winPenPack and on the website belong to their respective owners. For more details please read the additional notes about trademarks and copyright to point 8.

    2. winPenPack trademarks

      The winPenPack logo and "winPenPack"/"winPenPack – X-Software collection" trademarks may not be used in other products or services different from those supplied from winPenPack, neither in any manner that causes confusion among users or disparages and discredits winPenPack. Materials released under the terms of the GNU General Public License may be distributed free of charge in unmodified form without violating the winPenPack trademarks. Although the GNU General Public License grants the right to make and distribute derivative works based on winPenPack, does not grant any right to use winPenPack trademarks in connection with these derivative works. Therefore, winPenPack logo and trademarks cannot be used in connection with derivative works, unless when explicitly and specifically licensed, in written form, by winPenPack Team, neither they can be used for commercial purposes.



  5. Materials redistribution in unmodified form


    Redistribution and spreading of winPenPack materials under unmodified form (official setups and .zip archives of X-Software released under Open Source licenses, unmodified setups and .zip archives of winPenPacks downloadable by winpenpack.com, X-Launcher, winPenPack menu Launcher, all documentation) on mirrors different from official ones, on DVD provided with magazines, websites and under any other form, is authorized, provided that is acknowledged and clearly specified original work paternity, explicitly referring to winPenPack as inspirer source, adding always a link to winpenpack.com in publications, newspapers, magazines, web sites and every other information channel. Sale for profit of materials (under modified or unmodified form) containing winPenPack trademarks is NOT allowed.
    X-Software containing Freeware programs are software for which it has been obtained explicit written authorization by their respective owners to their redistribution in portable form, granted only to winPenPack Team, not to the users. For this reason, any other redistribution form, other than winPenPack one and without respective authors authorization, could be considered illegal.
    Portable Software, property of each author/programmer, can be redistributed referring to their original licenses agreement. All documents present in winpenpack.com web site (texts, .pdf, tutorials, etc..), also if freely downloadable, can be redistributed in unmodified form only, and must necessarily show the titular source of the rights and attribute the paternity of the work originates them, if published by newspapers, magazines, publications, other web sites and any other information channel.



  6. Derivative works, modifications and redistribution under modified form


    Permission is granted to anyone to modify winPenPack materials released under GNU General Public License, or equivalent licenses, then creating derivative works, and also copying and distributing this modified materials, stating explicitly that is a modified copy and also each modification date.


    The winPenPack development Team resolve to be derivative works:

    1. portable programs suites using modified winPenPack menu Launcher;

    2. portable programs suites containing software derived from X-Software, or including programs portabilized through X-Launcher, independently from total or partial usage of .ini files available on winpenpack.com;

    3. programs derived from X-Software included in official winPenPack distributions, or available from Download section of winpenpack.com;

    4. programs portabilized through X-Launcher, independently from total or partial usage of .ini files available on winpenpack.com.


    Derivative works:

    1. cannot include logos and official trademarks belonging to winPenPack, and/or "false" reference, leading to winPenPack, that could confuse the user; must not contain the name winPenPack (for example, X-winPenPack, winPenPack Plus, winPenPack Mod, etc..) nor any other names confusingly similar to the name winPenPack (for example, win-PenPack, winPenPak, winPenPach, etc..);

    2. must explicitly state that the derivative work is based on winPenPack and/or one of its components, including copyright notes ascribing original work paternity, belonging to winPenPack and to his authors, as stated in GNU General Public License;

    3. must include all original copyright indications, unchanged in content and position (i.e. into .ini files associated to X-Software, into splash screen, into about boxes), and adding author copyright of modifications and modification date after original copyright, as stated in GNU General Public License;

    4. must be released under a license similar to the winPenPack license or, in any case, compatible with open source licenses, and must include the complete source code or, alternatively, providing informations on how to obtaining it.


    End users can:

    1. use for free and legally official winPenPacks, software and materials ruled from Open Source licenses, in any place (home, school, office, etc.);

    2. do legal copies of winPenPacks for friends, kins or anyone else;

    3. use modified copies of winPenPack for personal projects and initiatives, or create and distribute derivative works from official winPenPacks, from X-Software and from materials produced by winPenPack Team, stating crearly, in accord with above terms, that they are modified copies based on winPenPack and/or its components.


    The development Team is open to feasible collaborations, finalized to create personalized software and collections. Examples are "winPenPack Web", dedicated to e107Italia, becomed an official edition, or "winPenPack Lawyers", originated by collaboration with jdavide.it and legati.com and winPenPack for Studenti.it.

    Regarding modifications of X-Software containing Freeware programs, above indications are still valid (point 5). Portable Software, released under "Freeware", "Freeware for personal use" and open source licenses (GPL, LGPL, MPL, etc.), can be modified in the terms of their original licenses agreement.



  7. Paternity attribution


    We believe that, for our work, performed day by day absolutely for free, acknowledgement of work paternity is the necessary fulfillment for assure its prosecution. For this reason we ask to anyone distributes winPenPack or its components in unmodified form, and to the authors of derivative works based on winPenPack, on winPenPack menu Launcher, on X-Software or X-Launcher, to clearly referring to winPenPack project and to his authors, adding always a link to winpenpack.com into source files and documents included into software packs, and into web pages of site hosting and distributing derivative works.
    With these indications we don't intend to limit freedom and right to use and modify our materials (we make source code available, with the purpose of stimulate the development), but we wish that everyone collaborate for respecting licenses and authors rights. For more details please read also the additional notes about trademarks and copyright to point 8.



  8. Copyright and trademarks infringement notice


    Programs used to create related portable versions are programs released only under open source licenses and are associated with X-Software generally in decompressed mode (extracted zip archive or extracted setup) and not modified form, hardly ever in a modified form.

    Some images used in web site, in download section and in splash screens of our portable software are original work of winPenPack Team, other images are created by modifying pre-existing open source images, and others, always released under open source licenses (GPL/LGPL, etc.. .) are downloaded from websites of original programs or from sites awarding free licensed images (such as http://iconlet.com) and they are used in unmodified form.

    It is our purpose to do every effort in order to respect programs and images licenses and trademarks rights. But, although our efforts, and because of some factors beyond our control, could however be found some violation. Regarding this point, if the author of an image, a software or any other material used by winPenPack, detects a not allowed usage, or if considers that its author rights, trademark or copyright have been violated, please report it to the Development Team. We will make immediately the appropriate adjustments.


  9. Disclaimer of warranty and limitation of liability


    winPenPack, X-Software and all winPenPack components are distributed "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, including, but not limited to, the implied warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE, as stated in the GNU General Public License. In no event any copyright holder, or any other party who modifies and/or conveys winPenPack programs and/or material as permitted above, will be liable to you for eventual damages. winPenPack authors can not be responsible of any derivative work. None of derivative works authors will can introduce itself as creator or maker of winPenPack. Is forbidden to claim exclusive or intellectual ownership of winPenPack, belonging to Danilo Leggieri, already covered by author's rights.