_______ 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..R ...where is the official Maximus version number, is the name of the operating system which the port runs under, and 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.. ...where is the official Maximus version number, is three initials (indicating your first, middle and last names), and (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 YOU HAVE 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.