Frequently Asked Questions About EIT's Freeware Licenses for Web Tools

As the title states, this document provides answers to the freeware licensing questions that we're most often asked. Please read this FAQ before downloading any of our freeware tools, especially if you intend to distribute them commercially. Also, please read this FAQ before contacting EIT with any questions you have about our freeware licenses.

1. Which software licenses are covered by this FAQ?
   EIT has made many different software programs available to the public at no charge. Each program has its own license that governs how it many be used. As of 8/30/95, the Freeware License for Web Tools covered in this FAQ applies to the following programs:
   • Getstats
   • Hypermail
   • mmphone
   • Slideshow
   • SWISH
   • Vsafecsh
   • WWWWAIS
   • XShare
   
   The license for each software program is available from the program descriptions on the EIT software page. Please check there for the most current licensing terms.

2. Why are there two different license agreeement for each program?
   The regular license agreement covers personal, academic, research and internal commercial use, which includes almost everything except commercial redistribution. The Commercial Distribution License allows you to redistribute the software in a commercial context, where you redistribute the software in conjunction with your own commercial products. There is no license fee for either agreement.

3. How do I choose which license to use?
   Most uses of the software are covered under the regular license agreement. Questions 3 to 12 should help clarify if the regular license permits you to do what you want. Questions 13 and 14 cover the commercial distribution agreement.

4. What am I allowed to do with software under the regular license agreement?
   You may use the software for personal, academic, research and internal commercial use. Internal commercial use means use by employees, contractors and others affiliated with Licensee under the direction of and for the benefit of the Licensee. Internal Use may also include initiating or responding electronically to requests from a third party whether or not the Licensee or third party is paying a fee for being a party to such communications.

5. Can I use it as part of a Web server?
   Yes, as long as it is running on your own machines. If you want to distribute it along with a commercial product, see question 13.

6. What if people are paying for access to my server?
   That's OK

7. What if I am a service provider?
   If it is on your server, it is still internal business use. It doesn't matter if you receive money to put other people's information on your machine.

8. Can I put the software on my server and allow others to download it?
   Yes, provided (i) all copyright notices and the license agreement appear on all copies, and (ii) no charge is associated with such copies and (iii) the software is not needed to utilize a commercial product of your company.

9. Can I distribute the software to my customers?
   Not under this license if it is a commercial distribution. Commercial distribution includes (i) integration of all or part of the source code into a product for sale or license by or on behalf of Licensee to third parties, or (ii) distribution of the binary or source code to third parties that need it to utilize a commercial product sold or licensed by or on behalf of Licensee or (iii) any lease or rental of the Software to third parties.

   There is a different license for commercial distribution, but it is also royalty-free. See Question 11.

10. The software is not integrated into or required by my commercial product and I am not charging separately or additionally for it. Now can I distribute it my customers under this license?
    Yes.

11. I am a consultant and I would like to add your software to the solution that I am developing for my client. Can I do that?
    If you are acting as an agent for your client - they request (perhaps at your suggestions) that you obtain the software for them and they are paying you for integrating it into the solution on their behalf - then yes. If you are producing a re-usable product that will be sold to others as well, then no--but you can do so under a Commercial Distribution License at no charge. (See Question 13.)

12. May I modify or improve the software (make derivative works)?
    Yes, but, if you distribute the modified software, there are two additional restrictions: (i) you must label the work so users will know that it is not the original, unmodified EIT software and (iii) unless you label the work "No Grant Back", you have agreed that EIT may use modification and incorporate them into the our own version of the software, if we wish.

13. What if I do want to distribute it commercially?
    You may do so under EIT's Commercial Distribution License (CDL). There is no royalty fee for commercial distribution but there are several specific restrictions and requirements including (1) registering with EIT your intent to commercially distribute the software and (2) acknowledging EIT's contribution. The details are spelled out in the Commercial Distribution License.

14. Can I charge for the software if I am distributing it under a CDL?
    Only if you incorporated the EIT software into a larger program which has significant additional functionality. (In other words, the primary reason for a user to get your program is not to get the capabilities of the EIT program.) Otherwise, you should pass on the software on a freeware basis.

15. The License Agreement looks fine, but our lawyers would like to few minor changes...
    Sorry. The cost of getting the software for free is that you have to take it as-is, without support, without warranties and without changes to the license agreement.

All contents Copyright © 1996 EIT.
Send questions and comments to webmaster@eit.com.