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This here document sets out the licence for the SMSQ/E sources, documentation and binaries.
Please note that this document is of an indicative nature, the definite, final and binding version of the licence is contained in the zipfile itself, as a Quill document (licence_doc) and as a text document (licence_txt). The licence can also bo obtained from the registrar, as named below.
This licence sets out the terms under which this software and the documentation may be used. Any use of this software implies adhesion to these conditions of use and this licence.
Headings used in this licence are there for indicative purposes only.
The software is the set of source code, intermediary code, binary code, compiled code and documentation, or any part or parts thereof, making up the SMSQ/E operating system and all of its extensions as supplied herewith. The binary version, also called compiled version, of the software is the software in the compiled form of the source code.
The copyright holder is the person holding the copyright over the software as defined above. This person is Tony TEBBY.
Part of the software may be copyright by other persons. These persons are not the "copyright holder" as defined herein.
The registrar is the person appointed by the copyright holder to keep coherent versions of the software and issue official versions thereof from time to time. The person, duties and rights of the registrar are set out in an annex hereto.
A reseller is a person entitled by the copyright holder to sell the binary (i.e. compiled) code to the end users. A list of the current resellers is appended hereto.
A software author is either Tony TEBBY or any person making a change/addition/modification to the software.
The software is copyright Tony TEBBY, 1990 to 2002.
Additional copyright may lie with other persons.
These persons are identified in an annex hereto.
This software is supplied under the following conditions:
In the following paragraphs, the term "source code" also encompasses documentation as it exists under this licence.
Any person so interested may have access to the source code of the software. To obtain the source code, a request in this respect should be made to the registrar. Such request should be accompanied by 3 International Reply Coupons. The version of the source code thus distributed via the registrar, on CDROM, is the "official version" of the source code. The registrar is entitled to distribute all or only part of the source code and may also distribute, at his convenience, the source code via other media.
Any person may distribute the source code to others, provided however that the following conditions are adhered to by the person thus distributing the source :
Exceptionally and only if distribution is made via CDROM, the person distributing the source code may request 3 IRCs and a blank CDROM from the recipient. All of the software, including the documentation and this licence must be distributed on the CDROM.
Distribution via Email is only allowed if the Email is sent out individually to the recipient having made the request. A system whereby an Email is automatically generated by software or hardware upon each or any request by a future recipient is NOT allowed. When distribution is made via Email, it is allowed to send only parts of the source code to the recipient, provided however, that in accordane with the requirement set out above, this licence is always sent together with such (part of the) source code.
Any person may compile the source code and thus obtain a binary (compiled) version and use it for itself. However, unless otherwise provided herein, binary code may NOT be distributed.
Any person may make any change/addition/modification to the software, and distribute it as source code together with the source code of the software under the above conditions.
Any person having made such a change/addition/modification is a software author and, of course, retains entire copyright over the change/addition/modification thus made.
Such change/addition/modification may also be distributed in binary form, provided however that such a distribution does not contain any part of this software in binary form.
When such a proposal is made, the person proposing it may state that the inclusion is to be made for free or against payment of a fee for each copy of SMSQ/E actually sold containing such a change/addition /modification.
When such a proposal is made, the person proposing it may state whether its change/addition/modification is to be :
If nothing of the sort is stipulated, then it is explicitly agreed that the inclusion in the official version is to be made for free, and that it will be distributed with the source code and under this here licence. Any code distributed in the official version (but not code only distributed alongside the official version) falls under this licence, to which the author explicitly agrees.
Authors having made a change/addition/modification retain copyright over their own code. The copyright will be acknowledged in an annex hereto.
By making such a proposal for inclusion, the person making the proposal explicitly states that the code is free from patent restrictions and it grants the registrar and the copyright holder the irrevocable right to include the change/addition/modification in any and all future versions of SMSQ/E, under the same conditions.
The fact of proposing such a change/addition/modification to the registrar for inclusion in the official version, whatever the form thereof, implies acceptance of these conditions.
The registrar is not obliged to include in official versions of the software any code submitted to him. However, consent to include it shall not be withheld unreasonably. The registrar is free to include code in one version of the software, but to exclude it from other future versions of the software. An annex may define the conditions under which the registrar may refuse code to be included.
Code submitted to the registrar must adhere to a style guide, as set out in an annex hereto or a separate document.
Unless by prior agreement, binary code of the software may only be distributed by resellers.
The resellers may only distribute binary (compiled) versions of the official version of the software as obtained from the registrar.
The distribution of the binary versions of the software is made against payment by the reseller to the software author(s). Each reseller is free to set the prices he wishes for payment from his clients/customers, provided however, that for each new copy sold, an amount as determined in an annex hereto is paid to the software author(s).
Such a payment may be made by the reseller either directly to the software author(s) or to the registrar. The registrar is thus authorized to receive and collect payment, under the explicit condition however, that he MUST not take any payment for himself, and that he MUST distribute the entire money received to the software author(s).
Payment for binary versions of the software does not necessarily accrue on each distribution of binaries. Users having bought previous versions of SMSQ/E may be entitled, at the resellers' discretion, to free upgrades for certain versions of the binaries. This necessarily implies that the user obtaining an upgrade must have a previous legitimate copy of the SMSQ/E operating system. It is the reselers' responsibility to make sure that the person in question is entitled to a free upgrade.
However, the registrar, after consultation with the resellers, may require that any version of the binaries may not be distributed as a free upgrade, but that payment to the software author(s) MUST accrue on it.
Any person may petition Tony TEBBY or (preferably) the registrar to become a reseller. An authorization to become a reseller will not be unreasonably withheld. An annex hereto states the current resellers.
A reseller must supply support to the end user having bought SMSQ/E from him.
As an exception to the prohibition of distribution of binary versions of the software other than through the resellers, you are hereby granted the right to distribute binary versions of the software to a maximum of 10 different persons (whatever the number and moment in time of the changes/additions/modifications you make), provided however that:
whatever comes first.
The person receiving the binaries from you must also undertake not to distribute binary versions to anybody else - except yourself- , even if he/she did make any change/addition/modification to the code.
Even if you make several changes/additions/modifications to the software, you may only distribute test versions to the same 10 persons maximum.
The registrar may set up a system whereby identified software authors may have access to, and possibly exchange among themselves, source code or binary versions being actually developed.
All of this software is copyright (C) Tony Tebby,1990 to 2002. Part of this software is copyright (C):
The cost of the binaries, i.e. the money to be paid to software authors (either directly or through the registrar) is of 10 EUROS. This is paid to :
- Tony Tebby for 10 EUR
The current resellers are:
The registrar is
Wolfgang Lenerz
6, rue Daunou
77340 Pontault-Combault
France
The main work of the registrar is to make sure, as much as possible, that coherent versions of the source code exist for all machines on which SMSQ/E runs.
When code is submitted to him for inclusion in the official version, the registrar shall not withhold consent to include it unreasonably, but his decision in that respect is final. Code may only be excluded if there is a reason preventing it from being included.
If the registrar chooses not to include any code, then he MUST inform the software author of the reason(s) preventing him from including this code. The registrar explicitly agrees that these reasons may be made public by the software author, or others.
Reasons which may prevent code from being included in the official versions of the software include, but are not limited to:
The styleguide is contained in a separate document. This is called "styleguide_txt" and is included with the sources, at the root directory thereof.
end of annexes
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