Tuxera NTFS for Mac 2018 License Agreement

1. Subject of the License

Tuxera Ltd ('Licensor') provides the Licensee the Tuxera NTFS for Mac 2018 application ('Software'), and any updates and upgrades to the Software, originally copyrighted and developed by the Licensor.

The software also includes open source components developed by third parties. Different licensing terms may apply for those portions.

The Licensor retains all rights to the Software not expressly granted. No title, property rights or copyright in the Software or in any modifications to the Software shall pass to the Licensee under any circumstances. The Licensee must protect the Software like any other copyrighted material ensuring that anyone with access to the Software refrains from unauthorized reproduction, use or disclosure.

2. License Grant

This Software is licensed on individual user basis. Subject to the Licensee’s compliance with the terms and conditions of this License, the Licensor hereby grants to the Licensee a one-person, non-transferable, non-assignable and non-exclusive license to install and use the Software in computers and other devices owned and exclusively used by the said person. The person has the right to make private copies of the Software. However, the use of private copies can be only extended to the person's immediate family members.

3. Product Key

The Software has a time limit. The Licensee can purchase a product key from the Licensor's online store and lift the time limit. Each product key is licensed for a specified number of users. The Licensee must keep the product key confidential and not to disclose it to any other than licensed users.

4. New Versions

This license does not apply to any new version of the Software. When a new version of the Software is released, the Licensee can purchase a new license with an upgrade price to use the new version.

5. Termination

This License is subject to termination by the Licensor at any time if the Licensee violates any of the terms of this License. Upon termination of this License for any reason, the Licensee shall immediately cease using the Software.

6. Liability

To the full extent permitted by law, the Licensor excludes any and all liability in respect of loss or damage to the Licensee, its officers, agents and employees or any third party, which arise from the use of the Software or the inability to use the Software including when the Licensor or a third party has mentioned the possibility of such damages. This liability limitation includes personal and property damages as well as direct and consequential damages (including consequential financial loss or damage.

To the full extent permitted by the law, the Licensor makes no warranties, express or implied, and excludes all warranties, statutory or otherwise, relating in any way to the Software or this License, including any implied warranty of merchantability, fitness for a particular purpose, or the infringement of third party rights

7. Governing law

This License is governed by the laws of Finland.

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THIRD-PARTY LICENSES

This Product contains components that were created by third parties and that are governed by third-party licenses, which are contained hereinafter (separated by lines consisting of underscores). Each of the third-party licenses applies only to (portions of) This Product. None of the third-party licenses applies to This Product as a whole, even when it uses terms such as 'product', 'program', or any other equivalent terms/phrases. This Product as a whole is governed by the Commercial Tuxera NTFS License (see above).

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Copyright (c) 2000-2007 Richard Russon. All Rights Reserved.
Copyright (c) 2004-2007 Yuval Fledel. All Rights Reserved.
Copyright (c) 2004-2007 Yura Pakhuchiy. All Rights Reserved.
Copyright (c) 2006 Max Khon. All Rights Reserved.
Copyright (c) 2008 Bernhard Kaindl. 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. The name of the developers may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY ITS DEVELOPERS '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 DEVELOPERS 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.

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

Copyright (c) 2007, 2008 Google Inc.
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. 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.

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.

NOTE THAT THIS SOFTWARE ATTEMPTS TO INSTALL THE LATEST VERSION OF ITSELF BY CHECKING FOR UPDATES DURING INSTALLATION. THE INSTALLED VERSION MAY BE NEWER THAN THE VERSION EMBEDDED IN THIS PACKAGE.

Note that Google's patches to the FUSE library (libfuse/*.patch in the source repository) and to the SSHFS user-space program (filesystems/sshfs/*.patch in the source repository) are also released under the BSD license.

Portions of this package were derived from code developed by other authors. Please read further for specific details.

• fusefs/fuse_kernel.h is an unmodified copy of the interface header from the Linux FUSE distribution (http://fuse.sourceforge.net). fuse_kernel.h can be redistributed either under the GPL or under the BSD license. It is being redistributed here under the BSD license.
• Unless otherwise noted, parts of MacFUSE (multiple files in fusefs/) contain code derived from the FreeBSD version of FUSE (http://fuse4bsd.creo.hu), which is covered by the following BSD-style license:

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 AUTHOR 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 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.

• fusefs/fuse_nodehash.c is a slightly modified version of HashNode.c from an Apple Developer Technical Support (DTS) sample code example. The original source, which is available on http://developer.apple.com/samplecode/, has the following disclaimer:

Disclaimer: IMPORTANT: This Apple software is supplied to you by Apple Computer, Inc. Apple') in consideration of your agreement to the following terms, and your use, installation, modification or redistribution of this Apple software constitutes acceptance of these terms. If you do not agree with these terms, please do not use, install, modify or redistribute this Apple software.

In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple's copyrights in this original Apple software (the 'Apple Software'), to use, reproduce, modify and redistribute the Apple Software, with or without modifications, in source and/or binary forms; provided that if you redistribute the Apple Software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software. Neither the name, trademarks, service marks or logos of Apple Computer, Inc. may be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the Apple Software may be incorporated.

The Apple Software is provided by Apple on an 'AS IS' basis. APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.

IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

• Parts of the mount_fusefs and the load_fusefs command-line programs (implemented in fusefs/mount_fusefs/ and fusefs/load_fusefs/, respectively) come from Apple's Darwin sources and are covered under the Apple Public Source License (APSL). You can read the APSL at:

http://www.publicsource.apple.com/apsl/

This binary package contains the following open-source software that is available under the GNU Lesser General Public License.

• FUSE user-space library (http://fuse.sourceforge.net/)

The source patch applied to the FUSE user-space library is available from:

http://code.google.com/p/macfuse/