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General Objectware License License version 2.1, February 8th, 1994 ©1994 H. Scott Roy 2573 Stowe Ct. Northbrook, IL 60062-8103 As with the GNU public license, everyone is permitted to copy and distribute verbatim copies of this license, but altering it is not allowed. Preamble This license is designed to address shortcomings in the way that objectware is currently written and distributed. Current schemes require programmers to make purchasing decisions up front, without access to any source code, and before they've had a chance to work with the objectware to see whether it really does what they need. This license attempts to change that. It is designed around the premise that the proper time for a programmer to assess how much objectware is worth is after he's built an application with it. Only then can he decide whether the asking price is worth paying, because only then can he decide how much work it would require to implement equivalent functionality himself. The effect of this license, then, is to allow developers to freely try out and distribute objectware in its original source code form, with the caveat that people pay for what they use commercially. To protect the commercial rights of the original author, noncommercial use carries with it two obligations: 1. You must make your software freely available to anyone that wants it. 2. You must inform the original author of how you're using his objectware, so that he can make sure that people who might want it will know about it. Purchasing a commercial license lets you buy out of these obligations. It is up to individual authors to set the payment terms for the objectware they write. This license if much simpler than the GNU license because it doesn't attempt to do anything fancy. It simply mandates that programmers who write programs that are not freely available must compensate the individuals that contribute to the work. An author that make his software available according to this license expects you to build their applications around it, then decide that it's worth paying what he asks rather than coding everything from scratch. But the intent is that you should make that decision after you get your program working. As a software developer, you should be free to write your programs with access to all the objectware in the world. Then, when your application is finishedÐwhen you know exactly the functionality you needÐyou can decide what to pay for and what to write yourself. Terminology This license agreement is referred to as the "Agreement" throughout. This Agreement applies to any software library which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of the General Objectware License. The licensee is addressed as ªYouº in the text that follows. The original objectware covered by this Agreement is referred to as the ªObjectwareº. The author of the objectware is referred to as the ªOriginal Authorº. The term ªDerived Objectwareº means library code that includes parts of the original Objectware and that is intended to be linked into other programs. The term ªDerived Applicationº refers to everything else: programs that use the original Objectware but that aren't intended to be linked into other programs. The term ªDerived Workº covers both these uses. Free Distribution You may freely distribute this Objectware in its original form, in whole or in part, provided only that none of the files are modified, and that this license Agreement and associated payment terms are included in their original, unaltered form. Derived Objectware You may freely distribute Derived Objectware, either in source or object form, under the following conditions: 1. If you change any files, you include the original files and clearly indicate the modifications or extensions you have made. 2. You include unaltered copies of this license Agreement and associated payment terms. 3. You make clear that using your Derived Objectware constitutes use of the original Objectware itself. Accordingly, any such use is bound by the appropriate commercial and noncommercial clauses of this Agreement, as well as any associated terms of payment. You are free to offer your own code under any license and payment terms you wish, but your license must clearly state that it covers only your extensions and modifications, and does not apply to the original Objectware itself, which continues to be covered by this Agreement. Noncommercial License You may use this Objectware free of charge for any purpose whatsoever, provided only that anything you produce with it is freely available to anyone that wants it, and that you inform the Original Author of everything you produce. You needn't make your source code available, but you must indicate the portions of your Derived Work that use the original Objectware, and you must describe how that Objectware can be obtained. You may not sell Derived Applications that use this objectware without purchasing a commercial license, nor can you grant others the right to sell your Derived Work without purchasing a commercial license. You are entitled to a reasonable evaluation and development stage prior to disclosing your work. In particular, You needn't inform the Original Author or make your software available until it becomes minimally usable, typically at the start of its alpha test period. The Original Author has the right to advertise and make available any Derived Works you create to whatever extent he sees fit, but he cannot sell them without your explicit permission. You can still promote your own software yourself however you wish. In making your software freely available, you may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. Commercial License If you find the terms of the noncommercial license unacceptable, you can purchase a commercial license under payment terms specified by the Original Author. A commercial license absolves you of all the obligations attached to the noncommercial license, although the Original Author is entitled to include additional terms at his discretion. If the Original Author has not included any payment terms, then no commercial license is available and you must abide by the noncommercial license. Unless the Original Author explicitly states to the contrary, a commercial license entitles you to use the Objectware in any number of Derived Applications. You may not transfer a commercial license without the express written permission of the Original Author. You may purchase a commercial license at any time, but derived works that have already been made available under the noncommercial license continue to be covered by that license and must remain available. Severability If any provision of this Agreement is held invalid or unenforceable for any reason, such invalidity shall not affect the validity of the remaining provisions this Agreement, and the parties will substitute for the invalid provision a valid one which most closely approximates the intent and economic effect of the invalid provision. Entire Agreement This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes any prior agreements or understandings between the parties, whether written or oral, with respect hereto. No modification to this Agreement shall be of any force or effect unless made in writing and signed by each party. Governing Law This License shall be construed in accordance with and governed by the laws of the State of Illinois, United States of America, excluding its choice of law rules. No Warranty THERE IS NO WARRANTY FOR THIS OBJECTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY ``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 THE LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. End of License Terms and Conditions
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