Semtex for
OS/2
.software distribution
agreement.
SOFTWARE DISTRIBUTION
AGREEMENT
FOR
"Semtex for OS/2"
This Software Distribution Agreement
(hereinafter referred to as "AGREEMENT") is a legal
AGREEMENT between you, and the authors: CHRISTIAN PICK and
ANDREAS PATAKI (hereinafter referred to as "AUTHORS")
for distributing the computer software program entitled
"Semtex for OS/2" Standard/Shareware Version
(hereinafter referred to as "SOFTWARE").
This AGREEMENT describes the terms and
conditions by which AUTHORS will license other parties to
distribute the SOFTWARE which is intended solely for distribution
as SHAREWARE. No use, distribution or reproduction of the
SOFTWARE or copies of the SOFTWARE is authorised except in
compliance with the terms and conditions herein. Distribution of
the SOFTWARE in accordance with the provisions of this Software
Licence Agreement is encouraged.
You should carefully read the following
terms and conditions before distributing this SOFTWARE. Unless
you have a different licence AGREEMENT signed by AUTHORS, your
use of this SOFTWARE indicated your acceptance of this licence
AGREEMENT.
By copying or distributing this SOFTWARE,
you agree to be bound by the terms and conditions of this
AGREEMENT as well as those of the "Software Licence
Agreement".
GENERAL DEFINITIONS
As stated, the SOFTWARE is marketed as
SHAREWARE. As it seems that there is a bit of confusion between
freeware, shareware and public domain, the following attempts to
define this terms in a way most software publishers understand
them to be.
Definition of Shareware
Shareware distribution gives users a chance to
try software before buying it. If you try a Shareware program and
continue using it, you are required to register it (or purchase
the Licensed version).
Copyright laws apply to both Shareware and
retail software, and the copyright holder retains all rights,
with a few specific exceptions as stated below. Shareware authors
are accomplished programmers, just like retail authors, and the
programs are of comparable quality. (In both cases, there are
good programs and bad ones!) The main difference is in the method
of distribution. The author specifically grants the right to copy
and distribute the software, either to all and sundry or to a
specific group. For example, some authors require written
permission before a commercial disk vendor may copy their
Shareware.
Shareware is a distribution method, not a type
of software. You should find software that suits your needs and
pocketbook, whether it's retail or Shareware. The Shareware
system makes fitting your needs easier, because you can try
before you buy. And, because the overhead is lower, prices are
lower also. Shareware has the ultimate money-back guarantee - if
you do not use the product, you do not pay for it.
Definition of Freeware
Freeware distribution gives users a chance to
try software and continue to use it for no payment at all or just
for some acknowledgement (a thank you note, a postcard, some
suggestions, comments, etc.).
Copyright laws apply to both Freeware and
retail software, and the copyright holder retains all rights,
with a few specific exceptions as stated below. Freeware authors
are generally accomplished programmers, just like
retail/shareware authors, and the programs are of comparable
quality. (In both cases, there are good programs and bad ones!)
The main differences is in the method of distribution and the
fact that there is no charge for using the software. The author
specifically grants the right to copy and distribute the
software, either to all and sundry or to a specific group. For
example, some authors require written permission before a
commercial disk vendor may copy their Freeware.
Definition of Public Domain
Public domain is a bit different from the above
two. Generally the source code for the software is included and
the author specifically grants you the rights to copy and
distribute the software. In addition you can modify the software
or include the modified code in your own programs (non commercial
usually) for an acknowledgement.
The copyright holder retains all rights to the
original code, but the modified code belongs to the new copyright
holder. As this depends on author, you should read the specific
instructions issued with the respective software.
GENERAL TERMS AND CONDITIONS
- AUTHORS shall be credited as the owner of
the SOFTWARE in all distribution of the SOFTWARE. AUTHORS
is the exclusive world-wide licenser of the SOFTWARE, and
the copyrights and other proprietary rights therein. The
SOFTWARE is intended solely for distribution as SHAREWARE
(i.e., try-before-you-buy software); it is not public
domain or free software or freeware.
- The SOFTWARE shall be identified by name
and shall be identified as SHAREWARE in all distribution.
- You may copy and/or distribute the
SOFTWARE only in its original, unaltered form, with all
files included unmodified, and without making any
additions, modifications or deletions except as provided
in this paragraph. You may not modify the SOFTWARE or any
of its files, and the SOFTWARE must be distributed as a
complete package. You may not change, delete, merge or
rename any files or elements of the SOFTWARE in any
manner, and you may not add any files or new elements
(except for installation routines which do not interfere
with the proper operation or installation of the
SOFTWARE).
- Since the SOFTWARE is intended for
distribution only as SHAREWARE, you shall not charge any
fee or other compensation for the SOFTWARE, although you
may charge a distribution fee for costs associated with
distributing the SOFTWARE. You are permitted, and
encouraged, to make and distribute copies of the SOFTWARE
to your friends, family members and co-workers for your
and their private non-commercial use, in compliance with
the terms and conditions hereof.
- You recognise that your right to
distribute the SOFTWARE is nonexclusive and that AUTHORS
can terminate the license granted to you at any time for
any reason upon notice. AUTHORS reserves the right to
withhold or withdraw permission to distribute the
SOFTWARE from anyone at any time for any reason. The
other provisions hereof shall survive any expiration or
termination of this AGREEMENT.
- You shall take reasonable steps to ensure
that the SOFTWARE and any other software, documentation
and other materials distributed with the SOFTWARE are
free from viruses.
- You may not use, copy, modify, distribute
or transfer the SOFTWARE or any element thereof in whole
or in part, except as expressly provided for herein.
- You may not rent or lease the SOFTWARE to
anyone.
- AUTHORS reserves the right to update the
contents of the SOFTWARE and its associated files,
documentation and/or other elements, at its discretion
from time to time, without the consent of, or any
obligation to, any licensed users or distributors.
- You will hold AUTHORS, family members,
distributors, licensees, sub-licensees and lawyers
harmless from and against any and all claims, actions,
damages, losses, liabilities, costs and expenses arising
directly or indirectly from your acts and omissions in
copying and distributing the SOFTWARE.
- If any provision of this AGREEMENT is held
to be void, invalid or unenforceable, it will not affect
the validity of the balance of this AGREEMENT, which
shall remain valid and enforceable according to its terms
and conditions.
- This agreement shall be governed by the
laws of Germany.
SPECIAL TERMS AND CONDITIONS
- Distribution by BBS, on-line Services,
FTP, FSP, News, WWW, Satellite, Other File Transfer
Protocols: The SOFTWARE and associated files may be
copied, used and posted without charge and permission as
long as the "General Terms and Conditions" set
forth above are complied with.
- Distribution on Floppy Disk / CD-ROM /
DVD / Other Disk Types in a non-retail environment:
The SOFTWARE and associated files may be copied, and used
and posted without charge and permission as long as the
"General Terms and Conditions" set forth above
are complied with.
- Distribution on Floppy Disk / CD-ROM /
DVD / Other Disk Types by Anonymous access FTP/WWW
Shareware Archives: (e.g., WinSite, SimTel,
Windows95, etc.) The SOFTWARE and associated files may be
copied, used and posted without charge and permission as
long as the "General Terms and Conditions" set
forth above are complied with.
- Distribution on Magazine Companion Disk
/ CD-ROM / Other Disk Types: The program and
associated files may be copied, used and posted without
charge and permission as long as the "General Terms
and Conditions" set forth above are complied with. I
would greatly appreciate if you would inform me about any
review(s) you write about the SOFTWARE. Thanks.
- Distribution in a Retail Environment,
Book Companion Disk / CD-ROM / Other Disk Types (Book):
You may not distribute the program without obtaining
explicit permission from AUTHORS.
- Other (e.g. Retail not covered above)
CD-ROM Shareware Distribution: You may not distribute
the program without obtaining explicit permission from
AUTHORS.
- Internet Providers Disk / CD-ROM / Demo
Disks / Connection Kits / etc.: You may distribute
this SOFTWARE on your disk/CD only as bundled shareware
with other programs without charge and permission as long
as the "General Terms and Conditions" set forth
above are complied with. If you intent to provide the
program for your own diagnostic purposes then you may not
distribute the program without obtaining explicit
permission from the AUTHORS.
- Software/Hardware Manufacturers &
Suppliers: You may not distribute the program
pre-installed or otherwise on the machines you
manufacture/distribute/etc. or bundled with your own
products without obtaining explicit permission from
AUTHORS.
- Other Type of Distribution: Please
contact AUTHORS for details.
BY DISTRIBUTING THE SOFTWARE YOU ACKNOWLEDGE
THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO
BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU ALSO AGREE
THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL
PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER
COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER
OF THIS AGREEMENT.
(c) 1998 Phobyx Creative Labs