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MiscKit License Agreement

In this license, the MiscKit administrator is Don Yacktman, address 4279 N. Ivy Lane, Provo, UT, 84604, tel. (801)221-0344, e-mail: Don_Yacktman@byu.edu. MiscKit authors include any individual or organization who has contributed code, criticism, documentation, or anything else to the MiscKit.

Permission to copy this software, to redistribute it, and to use it for any purpose is granted, subject to the following restrictions and understandings:

1. Any copy made of this software or modified versions of this software must include this copyright and licence notice in full. Software built using the MiscKit does not have this restriction; this restriction applies only to the MiscKit source code and development tools.

2. Modified versions of this software must be plainly marked as such, with a suitable warning, and must not be misrepresented as being the original software. Such a warning should clearly state that modified versions are wholly unsupported and may not be compatible with future versions of the MiscKit. It would be preferred that any modifications to the MiscKit be forwarded to the maintainers of the MiscKit so that such modifications become part of the official MiscKit, but this is not required. Modified versions of the MiscKit must include unmodified versions of the MiscKit license and charter, both of which are in the official distribution.

3. All materials developed as a consequence of the use of this software shall duly acknowledge such use. This acknowledgement should, in the case of a GUI application, be both in the application itself, in the info panel or at some location in the on-line help, and in the printed manual, if such exists. Placing the phrase �The MiscKit was used in development of this software� in a help panel and the printed manual or the phrase �Uses the MiscKit� in the Info panel would be sufficient. In the case of a command-line application, acknowledgement should be placed in the README file distributed with the application. This restriction applies only to applications which use objects from the MiscKit library and palettes; no acknowledgement is required for applications which only make use specialized development tools (applications) provided with the MiscKit.

4. Public redistribution of this software is permitted, providing you adhere to these restrictions:
a. The distribution is the full MiscKit with nothing added, changed, or removed. If you wish to distribute a part or parts of the MiscKit only, contact the owner of the resources in question and work out the details with them. This LICENSE covers the distribution of the entire kit; owners of a particular resource can grant distribution permission for their resource at their own whim and discretion.
b. Before preparing a large-scale distribution, contact the MiscKit administrator for permission. This is only to make sure that the latest version of the MiscKit is being distributed. Upon contact, you will be provided with any newer versions of the kit, and will be given the option to be added to a list of people who are notified of new releases of the MiscKit. Your product will also be added to a public listing which points to products which contain the MiscKit. (For example, if you produce a CD-ROM and someone wanted a permanent copy of the MiscKit on CD-ROM, they would then be directed to your product.) An individual making copies for a friend is not required to contact the MiscKit administrator; restriction 5.a. applies only to commercial products.
c. If distributed on floppy disk, the MiscKit should be in a tar/compress, tar/gzip, or NeXT .pkg format and the recipient should be required to pay no more than $5 US (to cover media cost) plus shipping expenses.
d. If distributed on removeable mass media (CD-ROM, WORM, R/W optical, or removeable hard drive) the MiscKit should be provided in the unpacked form, and not as a compressed tar file or package. (It is allowable to provide the tar and/or package format if the required unpacked version is also on the disk, however.)
e. Permission for redistribution of the unmodified, original distribution of the MiscKit is permitted via anonymous ftp, e-mail, or any other electronic means.
f. Redistribution of the MiscKit in printed form is permitted, but should be first arranged for by contacting the MiscKit administrator.
g. Any redistribution of the MiscKit must contain all files which are in the original distribution as it originates from the MiscKit administrator. Currently, the definitive, �original� distribution is availble via anonymous ftp from ftp.byu.edu. Any modified distributions fall under part (2.) above and should have all changes clearly marked.

5. The copyright for a resource remains with the author of that resource, a resource being defined as an Objective-C object, an application, an Objective-C category, an InterFaceBuilder palette, a ProjectBuilder project, or a documentation file. Modifications to a resource become the property of the owner of a resource. Ownership of a resource may be transferred to an individual other than the author or previous owner if a signed agreement between both parties exists. Any resource which is a part of the MiscKit falls under the terms of this license agreement, but the owner of a resource also retains any remaining rights to the resource, including, but not limited to, the following:
a. Distribution of other, non MiscKit, versions of a resource via any means, and for any cost. (Example: the owner of a resource is free to sell modified versions of said resource to anyone at any price they set.)
b. Removal of a resource from the MiscKit is not allowed. However, the author remove support for the resource. In such a case, the contributed resource will remain in the MiscKit, and one of the MiscKit authors will be assigned to carry on any future development and bug fixes, but the copyright for the code will remain with the original author. (In effect the MiscKit will end up being a separate development branch of the resource.) This provision is to allow authors to stop providing MiscKit support (including folding code submissions into the resource) for a resource, and transfer this responsibility, without having to give up the copyright to the object. (Resources may not be removed from the MiscKit because of the fact that most MiscKit resources rely upon other MiscKit resources, and removing a resource would most likely ruin the MiscKit.)

6. The copyright for the MiscKit, held by the MiscKit administrator, covers the collection or arrangement of objects which comprises the MiscKit and any auxiliary files such as the MiscKit License Agreement and Charter.

7. To contribute code, corrections, documentation, or any other resource to the MiscKit, the guidelines as described in the MiscKit charter which is a part of all copies of the MiscKit source code distribution should be followed. All code which is contributed to the MiscKit falls under this MiscKit License Agreement. By contributing to the MiscKit, the author agrees unconditionally to the terms detailed in this license.

8. Anyone, MiscKit adminstrator, MiscKit author, or a third party is free to provide consulting and support services for the MiscKit. Such activities are welcome as long as they do not violate this license agreement.

9. The MiscKit administrator may make changes to this license at any time, providing that a simple majority of MiscKit authors agree to the changes. If a change is made, it immediately becomes binding upon all resources in the MiscKit.

The MiscKit administrator, MiscKit authors, and Brigham Young University make no express or implied warranty or representation of any kind with respect to this software, including any warranty that this software is error- free. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS HEREBY DISCLAIMED. IN NO EVENT WILL THE AFOREMENTIONED PARTIES BE LIABLE FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS DOCUMENT. The parties are under no obligation to provide any services, by way of maintenance, update, or otherwise.

This is the end of the MiscKit License Agreement.

NOTICE: The purpose and intent of this license is to fulfill the following goals:
� Allow the MiscKit to be freely distributed to as large an audience as possible.
� Provide a kit of useful programming tools which may be used by anyone, from the lowliest hacker up to the most prestigious consultant or third party application developer without having to pay anyone for it's use.
� Allow programmers to contribute to a project which will aid themselves and their peers.
� Assure that there will always be a �definitive� version of the MiscKit, distributed by the MiscKit administrator, which may be trusted. By allowing contributors, it is hoped that branches will not break off of the MiscKit, which will make the kit more useful as a whole because there will be less confusion as to which version should be used.
Basically, we're trying to make something which is almost a public domain kit, but do it in a manner that is organized and lacks the confusion of multiple imcompatible versions often seen with public domain code.

These are the contents of the former NiCE NeXT User Group NeXTSTEP/OpenStep software archive, currently hosted by Netfuture.ch.