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1991-08-24
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XGROUP Licensing Terms
(C) Copyright 1991 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 XGROUP 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 1991 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 XGROUP 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 XGROUP
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 XGROUP 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 XGROUP 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 XGROUP. Should your source code be included
in XGROUP, M. Kimes retains all rights for redistribution of the
code as part of XGROUP 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 XGROUP 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 XGROUP and its
associated documentation except as expressly provided under this
License Agreement. Any attempt otherwise to copy, sublicense,
distribute or transfer XGROUP 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 XGROUP 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 XGROUP IS LICENSED FREE OF CHARGE, I PROVIDE ABSOLUTELY NO
WARRANTY. EXCEPT WHEN OTHERWISE STATED IN WRITING, M. KIMES AND/OR
OTHER PARTIES PROVIDE XGROUP "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 XGROUP, AND THE ACCURACY
OF ITS ASSOCIATED DOCUMENTATION, IS WITH YOU. SHOULD XGROUP 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 XGROUP. IN NO EVENT WILL M. KIMES AND/OR ANY OTHER
PARTY WHO MAY MODIFY AND REDISTRIBUTE XGROUP 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) XGROUP, 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 (318)222-3455 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.