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- This document contains MacHTTP's Terms and Conditions of Use, followed by
- the MacHTTP single user software license. Individuals or organizations
- interested in obtaining site licenses should follow the directions in the
- "Ordering Info" file. The "Ordering Info" file also contains information for
- ALL MacHTTP users on how to register MacHTTP.
-
- (I apologize for the length of the terms and conditions and the license,
- but it keeps the lawyers happy!)
-
- ________________________________________________________
-
- MacHTTP Terms and Conditions of Use
-
- 1. Distribution of MacHTTP. MacHTTP Software, documentation, data, and
- license agreement are distributed by the Author in an archive or floppy
- disk (the archive) comprising the complete MacHTTP distribution. You are
- authorized to redistribute this unmodified archive for evaluation
- purposes only. Extracting the MacHTTP Software and/or data from the
- archive constitute acceptance of the license agreement.
-
- 2. Evaluation of MacHTTP. You are granted a period of 30 days from the
- receipt of the MacHTTP Software and data to evaluate MacHTTP. During this
- time, you may use the MacHTTP software to establish a World Wide Web
- service. During the evaluation period, you may not use the MacHTTP
- software to distribute information via the World Wide Web for profit or
- gain. At the end of the 30 day evaluation period, you must agree to the
- MacHTTP License Agreement and purchase the MacHTTP Software license from the
- author, or destroy all copies of MacHTTP Software and data.
-
- 3. Use of MacHTTP Software. Use of the Software is covered by the terms
- within the license agreement. Portions of the Software that are
- copyrighted by Apple Computer, Inc., including but not limited to
- AppleScript runtime support software, are for use with MacHTTP Software
- and data only, and may not be copied or used separately.
-
- 4. Individual, Educational, Commercial, and Government User License
- Costs. MacHTTP Software, documentation, and data must be licensed from
- the Author or an authorized representative of the Author. Federal, state,
- and local government entities, commercial organizations, educational
- institutions, and individuals may license MacHTTP Software and data at
- the rates specified in the "Ordering Info" file. This rate schedule
- includes any organizations that intend to use MacHTTP for activities that
- generate a profit from the direct or indirect use of MacHTTP to serve
- information on an internal corporate, government, or educational network
- or via public networks such as the Internet.
-
- For the purposes of this rate schedule, the term “Internal Use” is
- defined as applying MacHTTP Software and data to implement a WWW server
- for use strictly by employees or authorized agents of a government,
- commercial, or educational organization on a network or portion of a
- network accessed only by employees and authorized agents of the
- organization. Internal Use excludes access by the general public by the
- Internet or other public access network computer systems.
-
- The term “Public Use” is defined as applying MacHTTP Software and data to
- implement a WWW server that is available to the general public via the
- Internet or other public access network computer systems. A Public Use
- server is classified as “not for profit” if the information is freely
- available to the general public and the services provided by the server
- are not directly supporting the sales or marketing of a commercial
- product or service, or generating direct revenue from the operation of
- the server. A Public User server is classified as “for profit” if the
- server provides access to information to paying customers, is operated by
- an organization that receives profit from the operation of the server, or
- is used in the sales or marketing of a commercial product or service.
-
- Private individuals who are using MacHTTP Software and data to implement
- a Not for Profit Public Use Server may obtain a no-cost license from the
- Author, provided their use of the MacHTTP Software is unrelated to their
- duties as an employee or agent of a government, commercial, or
- educational organization and that MacHTTP is not installed on computer
- hardware belonging to a government, commercial, or educational
- organization or computer hardware that is physically located at one of
- these organizations. All other uses of MacHTTP Software by private
- individuals will be treated as Commercial applications of the MacHTTP
- Software.
-
- A Single User license allows the user to install and use MacHTTP Software
- and data on one computer. A Site License allows an unlimited number of
- copies to be installed by an organization on the organization’s computer
- systems within a 15 mile radius of a specified location.
-
- 5. Support and Upgrades. All support for MacHTTP will be provided via
- electronic mail or U.S. Mail with the Author, or the MacHTTP Home Page
- on the World Wide Web.
-
- This license will entitle the registered owner of MacHTTP Software to
- obtain free updates to MacHTTP Software for a period not less than
- 1 year from the date the license is assigned. This update period may be
- extended on a yearly basis after the initial period has expired for an
- annual support fee not to exceed 20% of the original license fee per year.
- ________________________________________________________
-
- MacHTTP Software License Agreement
-
- Copyright 1994, Charles T. Shotton, Jr.
-
- PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE MACHTTP
- SOFTWARE. BY DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE, YOU ARE
- AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE
- TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO DOWNLOAD,
- INSTALL, AND/OR USE THIS SOFTWARE.
-
- 1. License. The MacHTTP application, demonstration, system, and other
- software accompanying this License, whether on disk, in read only memory,
- or on any other media or networked storage device (the "MacHTTP
- Software"), the related documentation and data (the “data”) are licensed
- to you by Charles T. Shotton, Jr. (the “Author”). You own the disk on
- which the MacHTTP Software and data are recorded but the Author and/or
- the Author’s Licensor(s) retain title to the MacHTTP Software, related
- documentation and data. This License allows you to install and use the
- MacHTTP Software and data on a single computer and make one copy of the
- MacHTTP Software and data in machine-readable form for backup purposes
- only. You must reproduce on such copy the Author’s copyright notice and
- any other proprietary legends that were on the original copy of the
- MacHTTP Software and data. You may also transfer all your license rights
- in the MacHTTP Software and data, the backup copy of the MacHTTP Software
- and data, the related documentation and a copy of this License to another
- party, provided the other party reads and agrees to accept the terms and
- conditions of this License.
-
- 2. Restrictions. The MacHTTP Software and data contains copyrighted
- material, trade secrets and other proprietary material and in order to
- protect them you may not decompile, reverse engineer, disassemble or
- otherwise reduce the MacHTTP Software to a human-perceivable form. You
- may not modify, network, rent, lease, loan, distribute or create
- derivative works based upon the MacHTTP Software in whole or in part.
- You may not electronically transmit the licensed MacHTTP Software from
- one computer to another or over a network.
-
- 3. Termination. This License is effective until terminated. You may
- terminate this License at any time by destroying the MacHTTP Software,
- related documentation and data and all copies thereof. This License will
- terminate immediately without notice from the Author if you fail to
- comply with any provision of this License. Upon termination you must
- destroy the MacHTTP Software, related documentation and data and all
- copies thereof.
-
- 4. Export Law Assurances. You agree and certify that neither the MacHTTP
- Software nor any other technical data received from the Author, nor the
- direct product thereof, will be exported outside the United States except
- as authorized and as permitted by the laws and regulations of the United
- States. If the MacHTTP Software has been rightfully obtained by you
- outside of the United States, you agree that you will not re-export the
- MacHTTP Software nor any other technical data received from the Author,
- nor the direct product thereof, except as permitted by the laws and
- regulations of the United States and the laws and regulations of the
- jurisdiction in which you obtained the MacHTTP Software.
-
- 5. Government End Users. If you are acquiring the MacHTTP Software and
- data on behalf of any unit or agency of the United States Government, the
- following provisions apply. The Government agrees:
-
- (i) if the MacHTTP Software and data are supplied to the Department of
- Defense (DoD), the MacHTTP Software and data are classified as
- "Commercial Computer Software" and the Government is acquiring only
- "restricted rights" in the MacHTTP Software, its documentation and data
- as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and
-
- (ii) if the MacHTTP Software and data are supplied to any unit or agency
- of t United States Government other than DoD, the Government's rights in
- the MacHTTP Software, its documentation and data will be as defined in
- Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause
- 18-52.227-86(d) of the NASA Supplement to the FAR.
-
- 6. Disclaimer of Warranty on MacHTTP Software. You expressly acknowledge
- and agree that use of the MacHTTP Software and data is at your sole risk
- The MacHTTP Software, related documentation and data are provided AS IS
- and without warranty of any kind and the Author and the Author's
- Licensor(s) (for the purposes of provisions 6 and 7, the Author and the
- Author's Licensor(s) shall be collectively referred to as "the Author")
- EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
- LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
- PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT THAT THE FUNCTIONS
- CONTAINED IN THE MACHTTP SOFTWARE WILL MEET YOUR REQUIREMENTS,OR THAT THE
- OPERATION OF THE MACHTTP SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR
- THAT DEFECTS IN THE MACHTTP SOFTWARE AND THE DATA WILL BE CORRECTED.
- FURTHERMORE, THE AUTHOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
- REGARDING THE USE OR THE RESULTS OF THE USE OF THE MACHTTP SOFTWARE AND
- DATA OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
- RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE
- GIVEN BY THE AUTHOR OR A REPRESENTATIVE AUTHORIZED BY THE AUTHOR SHALL
- CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
- SHOULD THE MACHTTP SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THE AUTHOR OR A
- REPRESENTATIVE AUTHORIZED BY THE AUTHOR) ASSUME THE ENTIRE COST OF ALL
- NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT
- ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
- APPLY TO YOU.
-
- 7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE,
- SHALL THE AUTHOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
- DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE MACHTTP SOFTWARE
- OR RELATED DOCUMENTATION AND DATA, EVEN IF THE AUTHOR OR AN AUTHORIZED
- REPRESENTATIVE OF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
- LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION
- OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall The Author’s total
- liability to you for all damages, losses, and causes of action (whether
- in contract, tort (including negligence) or otherwise) exceed the amount
- paid by you for the MacHTTP Software and data.
-
- 8. Controlling Law and Severability. This License shall be governed by
- and construed in accordance with the laws of the United States and the
- State of Texas, as applied to agreements entered into and to be performed
- entirely within Texas between Texas residents. If for any reason a court
- of competent jurisdiction finds any provision of this License, or portion
- thereof, to be unenforceable, that provision of the License shall be
- enforced to the maximum extent permissible so as to effect the intent of
- the parties, and the remainder of this License shall continue in full
- force and effect.
-
- 9. Complete Agreement. This License constitutes the entire agreement
- between the parties with respect to the use of the MacHTTP Software,
- related documentation and data, and supersedes all prior or
- contemporaneous understandings or agreements, written or oral, regarding
- such subject matter. No amendment to or modification of this License will
- be binding unless in writing and signed by the Author or a duly
- authorized representative of the Author.
-
-