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The Original Shareware 1.1
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The Original Shareware (WeMake CDs)(Volume 1.1)(CDs, Inc)(1993).iso
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LICENCE.MAX
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1990-08-07
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_______ LICENCE LICENCE
(note Canadian spelling!)
Copyright 1990 by Scott J. Dudley. All rights reserved.
COMMERCIAL DISTRIBUTION AND/OR USE PROHIBITED WITHOUT
WRITTEN CONSENT FROM THE AUTHOR.
Non-commercial distribution and/or use is permitted under
the following terms:
1) You may copy and distribute verbatim copies of the
Maximus-CBCS 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 "Copyright 1990 by Scott J.
Dudley"; keep intact the notices on all files that
refer to this Licence 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 Maximus-CBCS program a copy
of this Licence 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 Maximus-CBCS 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, without the prior written consent of the
author.
2) You may modify your copy or copies of Maximus-CBCS 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 Maximus-CBCS or any part thereof, to be
licensed at no charge to all third parties on terms
identical to those contained in this Licence 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 Scott
Dudley at the addresses listed below, for the purpose
of evaluation for inclusion in future releases of
Maximus-CBCS. Should your source code be included in
Maximus-CBCS, Scott Dudley retains all rights for
redistribution of the code as part of Maximus-CBCS 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;
g) when distributing modified versions of Maximus-CBCS,
you must not change the name of the program or the
official version number, except to append an identifier
which indicates that modifications have been made. For
ports to other operating systems, the following
convention must be followed:
Maximus-CBCS v<v>.<os>.R<r>
...where <v> is the official Maximus version number,
<os> is the name of the operating system which the port
runs under, and <r> (optional) is the OS-specific
revision number. For example, the second OS/2 revision
of Maximus 1.02 must have a version string in this
format: `Maximus-CBCS v1.02.OS/2.R2'
Similarly, modifications to Maximus which are designed
to run under MS-DOS must also follow a naming
convention. The version string must read:
Maximus-CBCS v<v>.<i>.<r>
...where <v> is the official Maximus version number,
<i> is three initials (indicating your first, middle
and last names), and <r> (optional) is the revision
number of your modifications.
For example, a version of Maximus 1.02 modified by Joe
T. SysOp must have a version string in this format:
`Maximus-CBCS v1.02.jts.1'
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 Maximus-CBCS 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
Maximus-CBCS and its associated documentation except
as expressly provided under this Licence Agreement.
Any attempt otherwise to copy, sublicense, distribute
or transfer Maximus-CBCS is void and your rights to use
the program under this Licence agreement shall be
automatically terminated.
However, parties who have received computer software
programs from you with this Licence Agreement will not
have their licences terminated so long as such parties
remain in full compliance, and notify Scott Dudley of
their intention to comply with this Agreement.
6) If you wish to incorporate parts of Maximus-CBCS into a
program which is NOT completely free for ALL users, one
with "strings attached", then please contact Scott
Dudley 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 those who wish to incorporate parts of this source
into a program which is FUNCTIONALLY SIMILAR to
Maximus-CBCS, all of the regulations in paragraph 6
also apply. You cannot use this code without prior
written permission form Scott Dudley, if you are
designing a program which is functionally-similar to
Maximus-CBCS.
8) For the purposes of this document, "COMMERCIAL USE" is
defined as operation of this software by (or for) any
corporation, government, company, foundation, church,
or also any other organization or individual, for the
purpose of making a profit. The definition of "making
a profit" includes systems which run more than three
modem lines using the Maximus-CBCS software, systems
which advertise products for the system's sponsor or
system operator, and also those whose system access fee
is above and beyond the cost required to maintain the
system. Those wishing to use Maximus-CBCS in a
commercial environment (as defined above) must first
obtain a commercial licence. Although commercial
licences are usually negotiable, a one-node licence is
presently going for $110 in Canadian currency (CAD$1 ~=
US$0.85), and includes the Maximus software on disk,
and one free non-bugfix upgrade. If you're unsure as
to whether or not you require a commercial licence, or
if you're interested in a site licence, or even if
you're simply looking for more information, please
contact the author at one of the addresses listed
below. (If you require information only, NetMail or
Email messages are the preferred form of
correspondence.)
___________ NO WARRANTY NO WARRANTY
BECAUSE MAXIMUS-CBCS IS LICENSED FREE OF CHARGE, WE PROVIDE
ABSOLUTELY NO WARRANTY. EXCEPT WHEN OTHERWISE STATED IN
WRITING, SCOTT DUDLEY AND/OR OTHER PARTIES PROVIDE MAXIMUS-
CBCS "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 MAXIMUS-CBCS, AND THE ACCURACY OF ITS ASSOCIATED
DOCUMENTATION, IS WITH YOU. SHOULD MAXIMUS-CBCS OR ITS
ASSOCIATED DOCUMENTATION PROVE DEFECTIVE, YOU ASSUME THE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT WILL SCOTT DUDLEY BE RESPONSIBLE IN ANY WAY FOR
THE BEHAVIOR OF MODIFIED VERSIONS OF MAXIMUS-CBCS. IN NO
EVENT WILL SCOTT DUDLEY AND/OR ANY OTHER PARTY WHO MAY
MODIFY AND REDISTRIBUTE MAXIMUS-CBCS 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)
MAXIMUS-CBCS, EVEN IF SCOTT DUDLEY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY.
You can contact the author at one of the address listed
below:
Scott Dudley FidoNet 1:249/106
777 Downing St. IMEXnet 89:483/202
Kingston, Ont. Internet f106.n249.z1.fidonet.org
Canada - K7M 5N3 BBS: (613)389-8315, 14.4K/HST
Please feel free to contact the author at any time to share
your comments about this software and/or licensing policies.
Our thanks to Richard Stallman at the Free Software
Foundation, Inc. and BBS Co. for most of the wording of this
licence.