Category : Pascal Source Code
Archive   : CWDKIT55.ZIP
Filename : DLICENSE.DOC

This is the license agreement for the Centiwrite Developer's Kit.
Please don't be upset by the legalistic tone of the license. It's written like
this in order to protect everyone's legitimate rights. Unfortunately, in court,
nice guys and vague guys finish broke; therefore, this agreement is written
in the sort of precise, legal language that makes lawyers drool when they
see it. Because this program is distributed by "unconventional means," the
task is made even more difficult, but here it goes.

Individual License Agreement

The Centiwrite 1.10 Developer's Kit (the Kit) is protected by
copyright. You are granted a non-exclusive license to use it under the
following terms:

1. You may use the Kit without charge for 30 days from the time you
receive it (by whatever means). After 30 days, you must either remove all
copies of the Kit from any disks or other storage media you possess or own
or remit the required license fee (listed under "Down to Brass Tacks" in
the documentation file) to the copyright holder (currently [7/88]
Andrew M. Saucci, Jr.). Once you have paid the license fee, you may
make as many copies as you need of the Kit for your own use on a
single computer. Any copies made for use on other computers such that the
Kit may be used concurrently on more than one computer requires
payment of additional license fees.

2. You may make copies of the Kit for individuals to sample, but only if
they agree to the terms of this agreement. You may not make copies for
sale. You may not make copies for the purpose of inclusion on any disk or
other storage medium which is sold commercially. The sale of the Kit
without compensation to the copyright holder is an infringement of the
copyright, except that
(a) Any "disk vendor" approved by the ASP (Association of Shareware
Professionals) is authorized to distribute the Kit without
additional compensation;
(b) On-line bulletin board systems may distribute the Kit if they
do not impose a separate charge for it;
(c) Anyone who receives prior written permission from the copyright holder
to distribute the Kit may do so. (Such permission will be granted
on a case-by-case basis.)
The sale of any disk or other storage medium bearing a copy of the
Kit is considered "the sale of the Kit." Those authorized to distribute
the Kit under (a), (b), and (c) above are strongly encouraged to obtain
the latest version from the copyright holder, as well as a written,
signed license document.

3. Any copies you make of the Kit pursuant to the terms of this
agreement MUST include this file (containing the license agreement) and
the documentation file. Distribution of the Kit without these two
files is an infringement of the copyright.

4. Any electronic information or bulletin board service (such as CompuServe,
The Source, BIX, Delphi, GEnie) to which the copyright holder provides a
copy of the Kit is authorized to make any copies it deems necessary to
conduct the normal course of business. The terms of item 2 above do not
apply to such services.

5. Because the 30-day trial period is sufficient to determine satisfaction
with the performance of the Kit, once the license fee is remitted, no
refunds will be issued. This is not to be arrogant, but rather to reduce
unnecessary costs. If you don't like the Kit, you simply comply with
the terms of item 1 above. The only exception to this rule occurs if a
bug is found within three months of purchase. In that case, if the bug
cannot be fixed, you may elect to receive a refund of the purchase
price. (This is in accordance with ASP policy.)

6. The term of the license shall be five (5) years from the date of purchase.
At the end of the term of the license, the copyright holder (currently
Andrew M. Saucci, Jr.) reserves the right to terminate, change, or renew
the terms of the license. If the agreement is terminated or changed, you
will be notified by mail; otherwise, it will be renewed for an additional
5-year term. Although these rights must be reserved in order to protect
the copyright, the current plan is to renew the agreement at no charge.

7. Any individual or site is entitled to one (1) 30-day trial period of this
version of the Kit. Additional "trial periods" are not permitted.

8. Pursuant to the terms of Borland International's "No-Nonsense License
Agreement" for Turbo Pascal 5.x, you MUST include a copyright notice
with any programs you write using this Kit (as the Kit itself as well as
all programs you write using it are written in Turbo Pascal). This can
be either of the following:
1) Your own copyright notice.
Example: Blough's Bestprog Copyright 1988 Joe Blough, Inc.
2) Borland International's copyright notice.
Example: Blough's Bestprog
Created using Turbo Pascal
Copyright 1987, 1988 Borland International
You may also include the copyright notice of this Kit, in addition to
the required notice above.
Example: Centiwrite Editor Copyright 1988 Andrew M. Saucci, Jr.
The copyright notice must be included regardless of whether the program is
sold, distributed for free, or simply tossed in the street. Also note that
contrary to popular belief, the characters "(C)" by themselves without the
WORD "Copyright" do not by law constitute a valid copyright notice. Do not
substitute "(C)" for the word "Copyright", no matter how tempting.

9. You may distribute any program you create using this Kit in any manner you
see fit, provided that it complies with the terms of item 8 above. However,
you may not distribute any program, for profit or not, that duplicates the
appearance of any version of Centiwrite or Deciwrite (the stand-alone,
separate versions of the Centiwrite Developer's Kit and the Deciwrite
Developer's Kit, respectively). Your program shall be considered to
"duplicate the appearance" of the aforementioned programs if it infringes
upon either the trademark or the copyright of those programs in such a way
as to defraud the public or defame the author of Centiwrite. In particular,
while you may label the screen on which your editor appears "Centiwrite
Editor," and advertise or state that your program "includes the Centiwrite
Editor," you may not call your program "Centiwrite" or "Deciwrite" or any
derivative of these two titles, and your screens may not use the word
"Centiwrite" unless immediately followed by the word "Editor." "Centiwrite"
and "Deciwrite" are trademarks of the copyright holder. In addition, you
may not distribute any program created using this Kit until the license fee
is paid.

[Explanatory material not part of this agreement:
You don't have to worry about "look and feel" suits, especially after
you've been licensed the look and the feel of the editor. What's not allowed
is people taking the editor, throwing together a few lines of shoddy
code, labeling it "Centiwrite," and distributing the piece of junk so
that people mistake the impostor for the "real McCoy" and start to say
things like "Saucci can't code" or "Oh, yeah, I tried Centiwrite. It's
garbage" without having tried the real thing. In fact, if anyone can
write a program that IMPROVES on Centiwrite, go right ahead and sell it--
even if it uses the Centiwrite editor-- but just don't call it "Centiwrite."
Be creative and use an original name. If you write an inferior program
using the Centiwrite editor, that's okay, too, as long as it's not called
"Centiwrite." Any fair competition is more than welcome.]

10. Any rights not granted to the licensee (you) in the previous items of this
license are reserved to the copyright holder.

If you purchase a site license, you will be sent a copy of the Site
License Agreement, which replaces the text of the last two sentences of
item 1 with the following text:

Once you have paid the license fee, you may make as many copies as you
need of the Kit for use within a single area of contiguous property
which you own-- that is, a single site. Use of the Kit outside the
boundaries of that single site requires the purchase of additional site or
individual licenses. No copy of the Kit may leave the site for any reason
without the prior consent of the copyright holder, except as provided under
items 2 and 7.

If this agreement can be made more clear and reasonable, send mail to one of
the electronic mail addresses so that suitable changes can be made.