POINT Software Programming/PPROG1.ISO/misc/xed/distrib.doc

Text File | 1994-07-15 | 18KB | 470 lines

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               Limited Distribution License

As the exclusive copyright holder for XED v1.0a, David L.
Dight authorises distribution only in accordance with the
following restrictions.

ASP Approved  Vendors in  good standing  are hereby given
permission to  distribute  XED package.   Non-ASP  member
vendors  must  request  permission  prior to distributing
this package.

The XED package is defined as containing all the material
listed in the PACKING.LST text file. If any files  listed
in  the  PACKING.LST text  file, or the  PACKING.LST file
itself, are missing, then the package is not complete and
distribution  is  forbidden. Please contact us  to obtain
a complete package suitable for distribution.

The XED package - including all related program files and
documentation files  - CANNOT  be modified in any way and
must  be  distributed  as  a  complete  package,  without
exception. The  PACKING.LST text  file contains a list of
all files that are part of the XED package.

Small additions  to the package, such as the introductory
or installation  batch files  used by many shareware disk
vendors, are acceptable.

No price or other compensation may be charged for the XED
package. A  distribution fee  may be charged for the cost
of the  diskette, shipping  and handling,  as long as the
total (per  disk) does not  exceed US$12.00 in  the U.S.,
Canada or internationally.

                   Disk Sets & CD-ROMs

The XED  package CANNOT  be sold  as part  of some  other
inclusive package.    Nor  can  it  be  included  in  any
commercial software  packaging offer,  without a  written
agreement from David L. Dight.

ASP Approved  Vendors who  wish  to  distribute  the  XED
package as  part of  a collection (such as PsL's MegaDisk
set, or a CD-ROM package) may do so provided that all the
other restrictions are met.

Vendors (non-ASP  Vendor Members)  who wish to distribute
the XED  package as  part of  a collection (such as PsL's
MegaDisk set, or a CD-ROM package) must obtain permission
from  David   L.  Dight   prior  to   beginning  such   a
distribution.

If you  wish to  add any  of our  programs to a CD-ROM or
other collection,  please check  the release  date of the
version you  have.   If the  version is  over twelve (12)
months old then please contact us to ensure that you have
the most  current version.  This version  was released in
July 1994.

    Disk-of-the-Month (or Subscription) Distribution

If you  would like  to distribute  the XED  package as  a
Disk-of-the-Month,  or  as  part  of  a  subscription  or
monthly service, then the following restrictions apply:

ASP Associate  (Disk Vendor) Members in good standing are
hereby given  permission to  distribute the  XED  package
under the Disk-of-the-Month style of distribution.

Others (non-ASP  Members) must  contact us  in advance to
ensure that  you have  the most  current version  of  the
software.

You cannot use a Disk-of-the-Month distribution to use up
your inventory  of old (out of date) disks.  Only current
versions may be shipped as Disk-of-the-Month disks.

The PRINTED  User's Guide  may not be reproduced in whole
or  in   part,  using  any  means,  without  the  written
permission of  David L.  Dight. In other words, the disk-
based documentation  may not  be distributed  in  PRINTED
(hardcopy) form.

The XED package cannot be "rented" or "leased" to others.
You may  not list  any of our products in advertisements,
catalogs,  or   other  literature   which  describes  our
products as  "FREE SOFTWARE".  Shareware is  "Try-Before-
You-Buy" software, it is not free.

David L.  Dight prohibits  the distribution  of  outdated
versions of  the XED  package, without written permission
from David  L. Dight.  If the  version you  have is  over
twelve (12)  months old, please contact us to ensure that
you have  the most  current  version.  This  version  was
released in July, 1994.

Licensee shall  not use, copy, rent, lease, sell, modify,
decompile, disassemble,  otherwise reverse  engineer,  or
transfer the  licensed program except as provided in this
agreement. Any  such unauthorised  use  shall  result  in
immediate and automatic termination of this license.

U.S.  Government   Information:  Use,   duplication,   or
disclosure  by   the  U.S.  Government  of  the  computer
software and  documentation  in  this  package  shall  be
subject to the restricted rights applicable to commercial
computer software  as set forth in subdivision (b)(3)(ii)
of the  Rights in  Technical Data  and Computer  Software
clause   at   252.227-7013   (DFARS   52.227-7013).   The
Contractor/manufacturer is  David L.  Dight, P.O. Box 280
Kings Cross N.S.W. 2011 AUSTRALIA. Fax: [phone] or
CompuServe: 100033,2563 or at [e-mail]

All rights  not expressly  granted here  are reserved  to
David L. Dight.


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                  XED v1.0a Vendor Notes
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This   file    provides   information    for    Shareware
Distributors, Disk Vendors and Computer Clubs who wish to
distribute the XED v1.0a package.

If you  wish to  distribute XED v1.0a, read the following
conditions,  then  fill in  the form  at the nedo of this
document and return to the address shown.

Individual and Company Users: Please refer to LICENSE.DOC
and REGISTER.FRM for information.

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                Distribution Requirements

Individuals who  wish to  distribute  the  XED package to
friends or  associates  may do so in  accordance with the
restrictions outlined in LICENSE.DOC.

Computer  Clubs  and  User  Groups  wishing  to  add  the
XED package to their disk library may do so in accordance
with the Distribution Restrictions listed below.

If you  would like your Computer Club or User Group to be
placed on  our mailing list for future upgrades to any of
our products, please contact us for complete details. Our
address, phone  number, and  CompuServe User ID number is
listed in READ.ME.

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          Applying for ASP Associate Membership

If you  would like  to apply for ASP Associate Membership
(to become  an ASP  Approved Vendor), simply write to the
following  address   and  request   a  Vendor  Membership
Application Package:

   ASP Executive Director
   545 Grover Road
   Muskegon, MI  49442-9427
   U.S.A.

or send  a CompuServe  message via CompuServe MAIL to ASP
Executive Director 72050,1433. You may also FAX a request
to the ASP Executive Director at 616-788-2765.

1.0  Receiving and Maintaining ASP Approved Status

In order  for a  Shareware disk  vendor  to  receive  and
maintain ASP  approved status,  the  following  standards
must be met.

1.1. The vendor must fill out an application form stating
     his/her willingness  to abide   by the ASP standards
     set  forth   in  this   document  and  applying  for
     Associate membership.  The vendor must submit sample
     catalogs,newsletters, etc.  with his/her application
     to prove  compliance with  ASP standards. The vendor
     will   include a  main ASP office on their catalog /
     newsletter  mailing   list   for   verification   of
     continued compliance.

1.2. A vendor  will be given a warning if he/she fails to
     meet one  or more  of the  standards. If  the vendor
     does not  rectify the problem in a reasonable amount
     of  time,   ASP  Approved   status   and   Associate
     membership will be withdrawn.

1.3. If ASP  membership ceases for any reason, the vendor
     will cease MUST cease using the ASP name in any way.
     Other benefits of membership will also cease.


2.0  Vendor Advertising

All vendor advertisements and brochures that:

1. offer Shareware for sale and list a price, or

2. offer  Shareware as  a promotion  for  any  commercial
venture, or

3. use Shareware as an enticement for the user to pay for
any  product   or  service  must  state  that  "Shareware
programs require  separate payment  to  authors  if found
useful".   This explanation  must immediately  follow the
price (including  "free" if used) or be tied to the price
with an  asterisk. The  wording may be changed with PRIOR
WRITTEN approval from ASP.


3.0  Vendor Catalogs

3.1  Approved     vendors  will   identify  ASP  member's
     programs with  an "ASP" notation  and an explanation
     such as:  "The notation 'ASP' indicates the  program
     complies with  the standards  of the  Association of
     Shareware Professionals."

3.2  Approved vendors  will make  an attempt  to  educate
     users on the nature  of Shareware. Although this can
     be written  in  the  vendor's  own  words,  it  must
     address the following concepts.

  3.2.1.  The fee  paid to  the vendor  is a distribution
          charge and  does not  cover  the  cost  of  the
          program itself.

  3.2.2.  If the  user finds a Shareware program to be of
          use,   he/she   is   expected   to   send   the
          registration fee to the author.

  3.2.3.  Registration   entitles  the  user  to  various
          rights and  benefits (depending on the author).
          These range  from the  legal right  to continue
          using the  software, to  printed  documentation
          and/or higher levels of service.

4.0 Ombudsman  statement: If the ASP logo or name is used
by any ASP approved vendor in any ads/catalogs etc , then
that vendor  must include  the following  statement  with
their  catalogs  and  newletters  and  is  encouraged  to
include it with all disks sold:

     "Company X  is  an  approved  vendor  and  associate
     member of the Association of Shareware Professionals
     (ASP). ASP  wants to  make sure  that the  shareware
     principle works  for  you.  If  you  are  unable  to
     resolve a  shareware-related  problem  with  an  ASP
     member by contacting the member directly, ASP may be
     able to help. The ASP Ombudsman can help you resolve
     a dispute  or problem  with an  ASP member, but does
     not provide technical support for members' products.
     Please  write to the ASP Ombudsman at P.O. Box 5786,
     Bellevue, WA  98006 or send a Compuserve message via
     easyplex to ASP Ombudsman 70007,3536"

  4.1.1.  Background  on   the Ombudsman:   Here  are the
          two aspects  of the institution of relevance to
          vendor members  (ASP authors   also  include  a
          statement similar  to that  in 4.3  with  their
          programs if they use the ASP logo):

          1.   The board  shall  set  up  the  office  of
               Ombudsman  and  appoint  someone  to  that
               position. The  Ombudsman's sole role shall
               be to mediate disputes between ASP members
               and their  customers. The  Ombudsman shall
               report to  the board  situations where  he
               feels  board   action  or   knowledge   is
               appropriate.

          2.   All  ASP   members  and  vendor  associate
               members are required to cooperate with the
               Ombudsman when approached by him/her.


5.0 Vendor Distribution

5.1 Approved  vendors will  respect the copyright and all
distribution restrictions  made  by  individual  authors,
even if  those restrictions  are not specifically covered
in  this  document.  ASP  authors  shall  place  author's
restrictions  and   authorisations  in   a  file   called
VENDOR.DOC on their distribution disk.

5.2 Approved  vendors   will  provide  a  written  notice
covering the three (3) concepts in section 4.2 above with
all Shareware programs shipped. If the vendor distributes
Shareware in pre-packaged wrappers, then this notice must
be on the OUTSIDE (visible) part of the package. Approved
vendors will  not claim  to be selling programs except in
situations where  they are  an authorised  dealer  for  a
shareware program and the distinction between duplication
fees for trial programs and full licensing is made clear.

5.3 Approved  vendors will not change or delete ANY files
supplied with  the program unless specifically authorised
to in  the author's  documentation or  with the  author's
prior  written  authorisation.  Vendors  may  make  small
additions which  are designed  to  assist  or  provide  a
service to  the user  (unless prohibited  by the author).
Unless specifically disallowed by the author, vendors may
place the  authors files  into a  compressed  or  library
format and  may  include  the  program  on  a  disk  with
programs  by   others.  ASP   author's  restrictions  and
authorisation relevant  to this  section shall  appear in
the VENDOR.DOC file mentioned in section 5.1

5.4 Approved  vendors   also agree to stop distributing a
program  including  earlier  versions  requested  by  the
author.


6.0 Approved Vendor Benefits

A Shareware  disk  vendor  who  receives  "ASP  Approved"
status will receive the following benefits:

1.   ASP members will be urged to allow ONLY ASP approved
     vendors to distribute their programs.

2.   Approved vendors  may  use  "ASP  Approved  Vendor",
     "Approved Vendor  of the  Association  of  Shareware
     Professionals", or  the ASP  Approved Vendor logo in
     advertising, catalogs, etc.

3.   ASP Authors  will be  urged to automatically provide
     Approved   vendors    with   program   updates   and
     notification of problems with programs.

4.   Approved vendors  will regularly  receive a  list of
     the current version numbers of ASP members programs,
     so that they may keep their library up to date. This
     will be available for free from the ASP from the ASP
     sections on Compuserve (cost of downloading only) or
     for a  low annual fee (initially $30/year) a monthly
     update on disk will be mailed.

5.   Approved vendors will receive the ASP Newsletter.

6.   Approved vendors  will also benefit by ASP publicity
     in which  readers will  be told  to  look  for  ASP-
     approved vendors.

7.   Approved vendors  will be  Associate members  in the
     ASP.

8.   Approved  vendors   will  benefit  from  the  public
     relations aspects of the institution of Ombudsman.

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We  would   appreciate  copies   of  anything  you  print
regarding XED.  Please send  us a  copy of  any  reviews,
articles, catalog  descriptions, or other information you
print or  distribute regarding the XED package. Thank you
for your  time and  assistance  and  for  supporting  the
shareware marketing concept.


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        XED v1.0a Distribution Licencing Agreement

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      XED v1.0a (C) Copyright 1993-94 David L. Dight
                   All Rights Reserved.

      P.O.   Box 280,  Kings Cross,    N.S.W.   2011
      AUSTRALIA. Fax: [phone], CIS:100033,2563
        or the Internet [e-mail]

                   _______
              ____|__     |                (R)
           --|       |    |-------------------
             |   ____|__  |  Association of
             |  |       |_|  Shareware
             |__|   o   |    Professionals
           -----|   |   |---------------------
                |___|___|    MEMBER


Anyone wishing  to charge  people a fee for giving them a
copy of  XED must  have the  written authorisation of the
author, without  which,  the  distributor  is  guilty  of
copyright violation.  To receive such authorisation, send
this completed  application, along  with a  copy of  your
software library's  order form  to: David  L. Dight, P.O.
Box 280,  Kings Cross, NSW  2011  AUSTRALIA.  Include $10
to cover  the cost  of processing  the application and of
sending  you the latest version of XED.  For distributors
already  recognized   by  the  Association  of  Shareware
Professionals (ASP), this application is not necessary.


Name of Organization:____________________________________


Your Name _______________________________________________


Address   _______________________________________________


          _______________________________________________


City      ____________________ State ____________________


Zip/Post  __________________ Country ____________________


Phone     ___________________ Fax _______________________


E-mail    _______________________________________________


              TERMS OF DISTRIBUTION OF XED

1. The  fee  charged  may  not  exceed  US$12,  including
postage, mail and any  other charges.  Variations to this
amount may be negotiated with David L. Dight.

2. Your library's catalog or listing must state that this
program is  not free, but is copyrighted software that is
provided to allow the user to evaluate it before paying.

3. The  offering and  sale of  XED will be stopped at any
time the author so requests.

4. Copies  must be  made from the copy of XED sent to you
with this   agreement.  This is  required for control and
anti-viral purposes.

5. Problems  or complaints  about  the  program  will  be
reported to the author for investigation.

I have read  LICENSE.DOC  and   DISTRIB.DOC  and agree to
abide by all the requirements stated.

In  return  for  a  licence  to  charge  a  fee  for  the
distribution of  the program  XED, I agree to comply with
the above terms of distribution.

Signed,


_____________________________________  _______________
your signature              date


_____________________________________  _______________
David L. Dight              date