Semtex for OS/2

.software distribution agreement.

SOFTWARE DISTRIBUTION AGREEMENT

FOR

"Semtex for OS/2"

This Software Distribution Agreement (hereinafter referred to as "AGREEMENT") is a legal AGREEMENT between you, and the authors: CHRISTIAN PICK and ANDREAS PATAKI (hereinafter referred to as "AUTHORS") for distributing the computer software program entitled "Semtex for OS/2" Standard/Shareware Version (hereinafter referred to as "SOFTWARE").

This AGREEMENT describes the terms and conditions by which AUTHORS will license other parties to distribute the SOFTWARE which is intended solely for distribution as SHAREWARE. No use, distribution or reproduction of the SOFTWARE or copies of the SOFTWARE is authorised except in compliance with the terms and conditions herein. Distribution of the SOFTWARE in accordance with the provisions of this Software Licence Agreement is encouraged.

You should carefully read the following terms and conditions before distributing this SOFTWARE. Unless you have a different licence AGREEMENT signed by AUTHORS, your use of this SOFTWARE indicated your acceptance of this licence AGREEMENT.

By copying or distributing this SOFTWARE, you agree to be bound by the terms and conditions of this AGREEMENT as well as those of the "Software Licence Agreement".

GENERAL DEFINITIONS

As stated, the SOFTWARE is marketed as SHAREWARE. As it seems that there is a bit of confusion between freeware, shareware and public domain, the following attempts to define this terms in a way most software publishers understand them to be.

Definition of Shareware

Shareware distribution gives users a chance to try software before buying it. If you try a Shareware program and continue using it, you are required to register it (or purchase the Licensed version).

Copyright laws apply to both Shareware and retail software, and the copyright holder retains all rights, with a few specific exceptions as stated below. Shareware authors are accomplished programmers, just like retail authors, and the programs are of comparable quality. (In both cases, there are good programs and bad ones!) The main difference is in the method of distribution. The author specifically grants the right to copy and distribute the software, either to all and sundry or to a specific group. For example, some authors require written permission before a commercial disk vendor may copy their Shareware.

Shareware is a distribution method, not a type of software. You should find software that suits your needs and pocketbook, whether it's retail or Shareware. The Shareware system makes fitting your needs easier, because you can try before you buy. And, because the overhead is lower, prices are lower also. Shareware has the ultimate money-back guarantee - if you do not use the product, you do not pay for it.

Definition of Freeware

Freeware distribution gives users a chance to try software and continue to use it for no payment at all or just for some acknowledgement (a thank you note, a postcard, some suggestions, comments, etc.).

Copyright laws apply to both Freeware and retail software, and the copyright holder retains all rights, with a few specific exceptions as stated below. Freeware authors are generally accomplished programmers, just like retail/shareware authors, and the programs are of comparable quality. (In both cases, there are good programs and bad ones!) The main differences is in the method of distribution and the fact that there is no charge for using the software. The author specifically grants the right to copy and distribute the software, either to all and sundry or to a specific group. For example, some authors require written permission before a commercial disk vendor may copy their Freeware.

Definition of Public Domain

Public domain is a bit different from the above two. Generally the source code for the software is included and the author specifically grants you the rights to copy and distribute the software. In addition you can modify the software or include the modified code in your own programs (non commercial usually) for an acknowledgement.

The copyright holder retains all rights to the original code, but the modified code belongs to the new copyright holder. As this depends on author, you should read the specific instructions issued with the respective software.

GENERAL TERMS AND CONDITIONS

- AUTHORS shall be credited as the owner of the SOFTWARE in all distribution of the SOFTWARE. AUTHORS is the exclusive world-wide licenser of the SOFTWARE, and the copyrights and other proprietary rights therein. The SOFTWARE is intended solely for distribution as SHAREWARE (i.e., try-before-you-buy software); it is not public domain or free software or freeware.

- The SOFTWARE shall be identified by name and shall be identified as SHAREWARE in all distribution.

- You may copy and/or distribute the SOFTWARE only in its original, unaltered form, with all files included unmodified, and without making any additions, modifications or deletions except as provided in this paragraph. You may not modify the SOFTWARE or any of its files, and the SOFTWARE must be distributed as a complete package. You may not change, delete, merge or rename any files or elements of the SOFTWARE in any manner, and you may not add any files or new elements (except for installation routines which do not interfere with the proper operation or installation of the SOFTWARE).

- Since the SOFTWARE is intended for distribution only as SHAREWARE, you shall not charge any fee or other compensation for the SOFTWARE, although you may charge a distribution fee for costs associated with distributing the SOFTWARE. You are permitted, and encouraged, to make and distribute copies of the SOFTWARE to your friends, family members and co-workers for your and their private non-commercial use, in compliance with the terms and conditions hereof.

- You recognise that your right to distribute the SOFTWARE is nonexclusive and that AUTHORS can terminate the license granted to you at any time for any reason upon notice. AUTHORS reserves the right to withhold or withdraw permission to distribute the SOFTWARE from anyone at any time for any reason. The other provisions hereof shall survive any expiration or termination of this AGREEMENT.

- You shall take reasonable steps to ensure that the SOFTWARE and any other software, documentation and other materials distributed with the SOFTWARE are free from viruses.

- You may not use, copy, modify, distribute or transfer the SOFTWARE or any element thereof in whole or in part, except as expressly provided for herein.

- You may not rent or lease the SOFTWARE to anyone.

- AUTHORS reserves the right to update the contents of the SOFTWARE and its associated files, documentation and/or other elements, at its discretion from time to time, without the consent of, or any obligation to, any licensed users or distributors.

- You will hold AUTHORS, family members, distributors, licensees, sub-licensees and lawyers harmless from and against any and all claims, actions, damages, losses, liabilities, costs and expenses arising directly or indirectly from your acts and omissions in copying and distributing the SOFTWARE.

- If any provision of this AGREEMENT is held to be void, invalid or unenforceable, it will not affect the validity of the balance of this AGREEMENT, which shall remain valid and enforceable according to its terms and conditions.

- This agreement shall be governed by the laws of Germany.

SPECIAL TERMS AND CONDITIONS

- Distribution by BBS, on-line Services, FTP, FSP, News, WWW, Satellite, Other File Transfer Protocols: The SOFTWARE and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.

- Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types in a non-retail environment: The SOFTWARE and associated files may be copied, and used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.

- Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types by Anonymous access FTP/WWW Shareware Archives: (e.g., WinSite, SimTel, Windows95, etc.) The SOFTWARE and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.

- Distribution on Magazine Companion Disk / CD-ROM / Other Disk Types: The program and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with. I would greatly appreciate if you would inform me about any review(s) you write about the SOFTWARE. Thanks.

- Distribution in a Retail Environment, Book Companion Disk / CD-ROM / Other Disk Types (Book): You may not distribute the program without obtaining explicit permission from AUTHORS.

- Other (e.g. Retail not covered above) CD-ROM Shareware Distribution: You may not distribute the program without obtaining explicit permission from AUTHORS.

- Internet Providers Disk / CD-ROM / Demo Disks / Connection Kits / etc.: You may distribute this SOFTWARE on your disk/CD only as bundled shareware with other programs without charge and permission as long as the "General Terms and Conditions" set forth above are complied with. If you intent to provide the program for your own diagnostic purposes then you may not distribute the program without obtaining explicit permission from the AUTHORS.

- Software/Hardware Manufacturers & Suppliers: You may not distribute the program pre-installed or otherwise on the machines you manufacture/distribute/etc. or bundled with your own products without obtaining explicit permission from AUTHORS.

- Other Type of Distribution: Please contact AUTHORS for details.

BY DISTRIBUTING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

(c) 1998 Phobyx Creative Labs