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- Licensing Licensing
-
- PibTerm is a communications and terminal emulation program
- for IBM personal computers and compatible units. I, the
- author, Philip R. Burns, reserve the copyright to this
- program and all related materials.
-
- You are granted a license to use the program freely without
- charge FOR NON-COMMERCIAL PURPOSES ONLY. For my purposes,
- "commercial use" means use in any business where the intent
- is to make a profit. I do not consider not-for-profit
- corporations as commercial entities. I DO consider
- government bodies as commercial entities. Hobbyist use is
- non-commercial use, as is any use by students, faculty, or
- staff at any school regardless of educational level, and
- regardless of private/public status.
-
- I wrote PibTerm primarily for hobbyist use and for use in
- school environments by faculty, students, and staff --
- particularly at universities. If you are using PibTerm for
- hobbyist, academic, or educational purposes, I DO NOT WANT
- any money from you. Suggestions, code for new improvements,
- and bug reports will do fine. If you feel guilty about this,
- then I suggest you send me a small ($10) donation, or make
- as large a donation as possible to the educational
- institution of your choice. Our greatest natural resource
- consists of the minds of our young people, and they need our
- support as we move towards the future (the year 2000 is only
- 12 years away as I write this!).
-
- If you wish to use the PibTerm executables in a commercial
- environment, then I request a $25 donation for the first
- copy and $5 for each subsequent copy. You are responsible
- for making all the copies. This fee for commercial use is a
- fee-for-use only; it does not include any kind of program
- support from me.
-
- You may also make unlimited copies of the program and
- distribute these copies as you desire, except that I reserve
- the sole right to distribute the program for profit. You
- may request a duplication charge, not to exceed $6 per
- diskette. You should distribute the program without any
- changes you have made, and then a SEPARATE version with any
- changes you've made. You should clearly mark the changes in
- some sort of documentation file, as well as in the source
- files you change. In NO CASE WHATEVER may you remove my
- copyright notices from any file -- source or documentation -
- - nor may you advertise PibTerm as being "public domain."
- PIBTERM is NOT a public domain program and never has been.
-
- Operators of electronic bulletin board systems (BBSs) are
- welcome to make PibTerm available for downloading. Please
- try to keep all the files in one place so that people get
- all of the program and documentation. Some bulletin board
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- systems (and all the commercial services like CompuServe)
- charge a fee for general access. That's fine, but you MUST
- NOT charge extra for access to the PibTerm files, and you
- MUST allow ANYONE who has download privileges to get access
- to the PibTerm files.
-
- You may use the source code and modify it as you please for
- NON-COMMERCIAL APPLICATIONS ONLY. You may NOT use the code
- in developing commercial applications without my permission.
-
- You may NOT bundle PibTerm with any other hardware or
- software without my permission.
-
- I encourage you to extend this program and add interesting
- new features. I also encourage you to upload these changes
- to your local BBS in order to share your work with others.
- What I do NOT want is for you to rip off this code as if it
- were yours and sell it for a profit. That's not nice.
-
- If all the above sounds a bit heavy-handed, please consider
- that since I first released PibTerm a number of unfortunate
- occurrences have taken place:
-
- 1. PibTerm code has been used to develop commercial
- applications without my permission and without
- giving me any credit or remuneration, in violation
- of the license agreement.
-
- 2. A number of large corporations (and many smaller
- ones) regularly use PibTerm. To date, however,
- only a half-dozen companies have remitted the
- usage fee I requested. Nevertheless, many
- employees in these companies have called me --
- mostly long-distance -- and EXPECTED ME TO CONSULT
- ON PIBTERM FOR FREE. Some have written lengthy
- letters requested extended consulting; others
- expected me to call them LONG DISTANCE for free.
-
- 3. Several hardware manufacturers have been giving
- away PibTerm bundled with their hardware products
- without any kind of permission from me, and in
- some cases without even testing whether PibTerm
- would work correctly with that hardware.
-
- 4. Some software outlets "sell" PibTerm for an
- outrageous fee of $12 or more PER DISKETTE -- and
- sometimes these turkeys don't even include the
- documentation!
-
- Against these bad marks, I've received many suggestions for
- improvements and enhancements to PibTerm, and in fact, I've
- received more unasked-for donations from private individuals
- than from commercial organizations.
-
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- Warranty Warranty
-
- PibTerm has been extensively tested on a variety of systems.
- However, that is no guarantee that it will work for you on
- your system. If PibTerm doesn't work for you on your
- system, don't use PibTerm. I will not accept responsibility
- if PibTerm fails to work on your system, or if PibTerm
- doesn't do what you want, or if PibTerm somehow causes you
- to lose data, money, or whatever.
-
- To express this in more formal terms:
-
- I, Philip R. Burns, make no warranty of any kind, express or
- implied, including without limitation, any warranties of
- merchantability and/or fitness for a particular purpose as
- regards PibTerm.
-
- In addition, I, Philip R. Burns, shall not be liable for any
- damages, whether direct, indirect, special or consequential
- arising from a failure of PibTerm to operate in the manner
- you desire. I, Philip R. Burns, shall not be liable for any
- damage to data or property which may be caused directly or
- indirectly by the use of PibTerm.
-
- In NO event will I, Philip R. Burns, be liable to you for
- any damages, including any lost profits, lost savings or
- other incidental or consequential damages arising out of
- your use or inability to use PibTerm, or for any claim by
- any other party.
-
- So what do you expect for free (or dirt cheap, if you're a
- commercial user) anyway?
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-