ProfitPress Mega CDROM2 …eeware (MSDOS)(1992)(Eng)/ProfitPress-MegaCDROM2.B6I/BBS/MISC/XDEV_117.ZIP/LICENSE.XBS

Text File | 1990-09-11 | 8.2 KB | 160 lines

                          XBBS Licensing Terms


 (C) Copyright 1990 M. Kimes
 ALL RIGHTS RESERVED. COMMERCIAL DISTRIBUTION AND/OR USE STRICTLY
 PROHIBITED WITHOUT WRITTEN PERMISSION FROM M. KIMES

 Non-Commercial distribution and/or use is permitted under the following
 terms:


 1. You may copy and distribute verbatim copies of XBBS source,
 documentation, and executable code as you receive it, in any medium,
 provided that you conspicuously and appropriately publish on each copy
 a valid copyright notice "(C) Copyright 1990 M. Kimes"; keep intact the
 notices on all files that refer to this License Agreement and to the
 absence of any warranty;  PROVIDE UNMODIFIED COPIES OF THE
 DOCUMENTATION AS PROVIDED WITH THE PROGRAM; and give any other
 recipients of the XBBS program a copy of this License Agreement along
 with the program.  You may not charge a distribution fee for the
 physical act of transferring a copy. Under no circumstances is XBBS to
 be distributed in such a way as to be construed as "value added" in a
 sales transaction, such as, but not limited to, software bundled with a
 modem or CD-ROM software collections.

 2. You may modify your copy or copies of XBBS or any portion of it, and
 copy and distribute such modifications under the terms of Paragraph 1
 above, provided that you also do the following:

     a) cause the modified files to carry prominent notices stating that
     you changed the files and the date of any change;

     b) cause the executable code of such modified version to clearly
     identify itself as such in the course of its normal operation.
     Apply to M. Kimes at the address below to get a modifier's 'serial
     number.'  You must append this serial number to the regular XBBS
     version number in all identification of your port (tear lines,
     startup id, etc.).  For example, if Joe Blow applies and gets
     modifier id #12, and his current modification revision number is 5
     (modification revision numbers must be single digit numbers or
     alphabetical letters) for XBBS version 1.15, he would be required
     to identify his product as 'XBBS 1.15/12/5'.  This may seem
     stringent, but if your version of XBBS causes problems in the net,
     I want to know who is to blame.

     c) If the modified version is not a "port", but operates in the
     same hardware and/or software environment as the original
     distribution, make the original version equally available, clearly
     identifying same as the original, unmodified version;

     d) cause the whole of any work that you distribute or publish, that
     in whole or in part contains or is a derivative of XBBS or any part
     thereof, to be licensed at no charge to all third parties on terms
     identical to those contained in this License Agreement (except that
     you may choose to grant more extensive warranty protection to some
     or all third parties, at your option); and

     e) send the complete source code modifications to M. Kimes at the
     address listed below, for the purpose of evaluation for inclusion
     in future releases of XBBS.  Should your source code be included in
     XBBS, M. Kimes retains all rights for redistribution of the code as
     part of XBBS and all derivative works, with appropriate credit
     given to the author of the modification.

     f) You may not charge a distribution fee for the physical act of
     transferring a copy.  You may not offer warranty protection in
     exchange for a fee.

 3. Mere aggregation of another unrelated program with this program and
 documentation (or derivative works) on a volume of a storage or
 distribution medium does not bring the other program under the scope of
 these terms.

 4. You may copy and distribute XBBS and its associated documentation
 (or a portion or derivative of it, under Paragraph 2) in object code or
 executable form under the terms of Paragraphs 1 and 2 above provided
 that you also do one of the following:

     a) accompany it with the complete corresponding machine-readable
     source code, which must be distributed under the terms of
     Paragraphs 1 and 2 above; or,

     b) accompany it with a written offer, valid for at least three
     years, to give any third party free a complete machine-readable
     copy of the corresponding source code, to be distributed under the
     terms of Paragraphs 1 and 2 above; or,

     c) accompany it with the information you received as to where the
     corresponding source code may be obtained.  (This alternative is
     allowed only for noncommercial distribution and only if you
     received the program in object code or executable form alone.)

 For an executable file, complete source code means all the source code
 for all modules it contains; but, as a special exception, it need not
 include source code for modules which are standard libraries that
 accompany the operating system on which the executable file runs.

 5. You may not copy, sublicense, distribute or transfer XBBS and its
 associated documentation  except as expressly provided under this
 License Agreement.  Any attempt otherwise to copy, sublicense,
 distribute or transfer XBBS is void and your rights to use the program
 under this License agreement shall be automatically terminated.
 However, parties who have received computer software programs from you
 with this License Agreement will not have their licenses terminated so
 long as such parties remain in full compliance, and notify M. Kimes of
 their intention to comply with this Agreement.

 6. If you wish to incorporate parts of XBBS into other free programs
 whose distribution conditions are different, please contact M. Kimes at
 the address listed below.  I have not yet worked out a simple rule that
 can be stated here, but I will usually permit this.  I will be guided
 by the two goals of preserving the free status of all derivatives of
 our free software (as it pertains to Non-Commercial use as provided by
 this Agreement) and of promoting the sharing and reuse of software.

 7. For the purposes of this document, "COMMERCIAL USE" is defined as
 operation of the software on four or more computers or data lines owned
 by the same organization.  Any NON-PROFIT non-religious organization or
 individual may operate this software under the terms of this
 Non-Commercial Agreement if operation is limited to three or less
 computers or data lines.


                                NO WARRANTY

 BECAUSE XBBS IS LICENSED FREE OF CHARGE, I PROVIDE ABSOLUTELY NO
 WARRANTY.  EXCEPT WHEN OTHERWISE STATED IN WRITING, M. KIMES AND/OR
 OTHER PARTIES PROVIDE XBBS "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
 EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
 WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
 ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF XBBS, AND THE ACCURACY
 OF ITS ASSOCIATED DOCUMENTATION, IS WITH YOU.  SHOULD XBBS OR ITS
 ASSOCIATED DOCUMENTATION PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
 NECESSARY SERVICING, REPAIR OR CORRECTION.

 IN NO EVENT WILL M. KIMES BE RESPONSIBLE IN ANY WAY FOR THE BEHAVIOR OF
 MODIFIED VERSIONS OF XBBS. IN NO EVENT WILL M. KIMES AND/OR ANY OTHER
 PARTY WHO MAY MODIFY AND REDISTRIBUTE XBBS AS PERMITTED ABOVE, BE
 LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOST PROFITS, LOST MONIES, OR
 OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
 USE OR INABILITY TO USE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR
 DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THIRD PARTIES OR
 A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS) XBBS, EVEN
 IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
 CLAIM BY ANY OTHER PARTY.


 You can contact the author at the following address:

 M. Kimes                       1:380/16.0@FidoNet
 542 Merrick                    [phone] data
 Shreveport, LA  71104

 Feel free to contact me at any time to share your comments about
 my software and/or licensing policies.  I don't always listen, though.

 My thanks to Richard Stallman and the Free Software Foundation, Inc.,
 for most of the wording of this License.