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LICENSE.230
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1989-09-05
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BinkleyTerm Licensing Terms
(C) Copyright 1989 Bit Bucket Software Co., a Delaware Corporation.
ALL RIGHTS RESERVED. COMMERCIAL DISTRIBUTION AND/OR USE PROHIBITED
WITHOUT WRITTEN PERMISSION FROM BIT BUCKET SOFTWARE CO.
Non-Commercial distribution and/or use is permitted under the following
terms:
1. You may copy and distribute verbatim copies of BinkleyTerm 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 1989 Bit Bucket Software Co.";
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 BinkleyTerm program a copy of this License Agreement
along with the program. You may charge a distribution fee for the
physical act of transferring a copy, but no more than is necessary to
recover your actual costs incurred in the transfer. Under no
circumstances is BinkleyTerm 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 BinkleyTerm 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;
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
BinkleyTerm 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 Bit Bucket
Software Co. at one of the addresses listed below, for the
purpose of evaluation for inclusion in future releases of
BinkleyTerm. Should your source code be included in BinkleyTerm,
Bit Bucket Software Co. retains all rights for redistribution of
the code as part of BinkleyTerm and all derivative works, with
appropriate credit given to the author of the modification.
f) You may charge a distribution fee for the physical act of
transferring a copy, but no more than is necessary to recover
your actual costs incurred in the transfer, and you may at your
option 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 BinkleyTerm 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 (except for a nominal
shipping charge) 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 BinkleyTerm and
its associated documentation except as expressly provided under this
License Agreement. Any attempt otherwise to copy, sublicense,
distribute or transfer BinkleyTerm 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 Bit Bucket
Software Co. of their intention to comply with this Agreement.
6. If you wish to incorporate parts of BinkleyTerm into other free
programs whose distribution conditions are different, please contact
Bit Bucket Software Co. at one of the addresses listed below. We have
not yet worked out a simple rule that can be stated here, but we will
usually permit this. We 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 for-profit organization. Any organization 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 BINKLEYTERM IS LICENSED FREE OF CHARGE, WE PROVIDE ABSOLUTELY NO
WARRANTY. EXCEPT WHEN OTHERWISE STATED IN WRITING, BIT BUCKET SOFTWARE
CO. AND/OR OTHER PARTIES PROVIDE BINKLEYTERM "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
BINKLEYTERM, AND THE ACCURACY OF ITS ASSOCIATED DOCUMENTATION, IS WITH
YOU. SHOULD BINKLEYTERM OR ITS ASSOCIATED DOCUMENTATION PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
IN NO EVENT WILL BIT BUCKET SOFTWARE CO. BE RESPONSIBLE IN ANY WAY FOR
THE BEHAVIOR OF MODIFIED VERSIONS OF BINKLEYTERM. IN NO EVENT WILL
BIT BUCKET SOFTWARE CO. AND/OR ANY OTHER PARTY WHO MAY MODIFY AND
REDISTRIBUTE BINKLEYTERM 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) BINKLEYTERM, EVEN IF YOU
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY OTHER PARTY.
You can contact Bit Bucket Software Co. at any one of the following
addresses:
Bit Bucket Software Co. FidoNet 1:132/101, 1:132/491, 1:141/491
427-3 Amherst Street AlterNet 7:491/0
CS2032, Suite 232 BBS-Net 86:2030/1
Nashua, NH 03061 Internet f491.n132.z1.fidonet.org
Please feel free to contact us at any time to share your comments about
our software and/or licensing policies.
Our thanks to Richard Stallman and the Free Software Foundation, Inc.,
for most of the wording of this License.