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Licensing Info
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1994-05-13
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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.