From podlipec@BayNetworks.COM Wed Jun 18 19:50:07 1997 Received: from nez-perce.inria.fr (nez-perce.inria.fr [192.93.2.78]) by margaux.inria.fr (8.7.6/8.7.3) with ESMTP id TAA00880 for ; Wed, 18 Jun 1997 19:50:02 +0200 (MET DST) Received: from mailhost2.BayNetworks.COM (ns1.BayNetworks.COM [134.177.3.20]) by nez-perce.inria.fr (8.8.5/8.7.3) with ESMTP id TAA23598 for ; Wed, 18 Jun 1997 19:49:59 +0200 (MET DST) Received: from ns3.BayNetworks.COM (ns1.corpemea.baynetworks.com [141.251.211.30]) by mailhost2.BayNetworks.COM (8.8.5/BNET-97/05/05-E) with ESMTP id KAA12555; Wed, 18 Jun 1997 10:44:35 -0700 (PDT) for Received: from pobox.engeast.BayNetworks.COM (pobox.corpeast.baynetworks.com [192.32.151.199]) by ns3.BayNetworks.COM (8.8.5/BNET-97/01/07-I) with ESMTP id TAA14393; Wed, 18 Jun 1997 19:45:43 +0200 (MET DST) for Posted-Date: Wed, 18 Jun 1997 19:45:43 +0200 (MET DST) Received: from nantucket.engeast (nantucket [192.32.90.27]) by pobox.engeast.BayNetworks.COM (SMI-8.6/BNET-97/04/24-S) with SMTP id NAA26640; Wed, 18 Jun 1997 13:45:42 -0400 for From: podlipec@BayNetworks.COM (Mark Podlipec) Message-Id: <199706181745.NAA26640@pobox.engeast.BayNetworks.COM> Subject: Re: copyright To: Bernard.Lang@inria.fr (Bernard Lang) Date: Wed, 18 Jun 97 13:46:27 EDT Reply-To: podlipec@BayNetworks.COM In-Reply-To: <199706181653.SAA00584@margaux.inria.fr>; from "Bernard Lang" at Jun 18, 97 6:53 pm Organization: Bay Networks Inc. Billerica MA X-Mailer: ELM [version 2.3 PL11] Status: R > > > Hi Mark, > > I am trying to make a study on the condition under which people > distribute freeware. I found little information on you site > about copyright, other than saying that commercial distribution > or use requires your permission. > Sre there really no limitation on non commercial use of the code. > What is a commercial use (e.g. publishing it on CDROM, using it in > a cybercafe, using it for a demo of a commercial product...). > What kind of licencing do you use... My initial motivation for placing the restriction on commercial use was that if someone else was going to profit from xanim, I'd like to gain from that somehow. So that's a rough basis for what I consider commercial or not. That philosophy isn't always black and white. For example demo CDROMs. > > IF you have a ready made document, could you please send it to me, > but please do not go out of your way to reply. I can probably live > without it. 1) Use by a company for internal reasons. I don't consider this commercial use, but I sometimes ask for either a coffee mug with a corporate logo or some coins on a voluntary basis. 2) Included on a CDROM distributed with book or magazine. Also if part of Linux or BSDI distribution. I just ask for a copy of the product be sent to me. 3) Demo CDROM used to promote product. small one time fee. The fee is usually negotiable. 4) Sold/Distributed with a commercial Product. 5) Source code(or part of the source) to be incorporated into a commericial product. The last two cases hardly ever come up and usually don't end up happening for various reasons, but in each case the contracts are unique. > P.S. I have some more coins for you... when I think about it at the right > time, like leaving for work, I'll send it. That'd be cool. Thanks again for the first ones you sent. Below is the copyright from the top of the xanim source files and below that is a starting point for cases 3) and 4). Mark Copyright from the top of the xanim source files. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- * Copyright (C) 1990,1991,1992,1993,1994,1995,1996,1997 by Mark Podlipec. * All rights reserved. * * This software may be freely copied, modified and redistributed without * fee for non-commerical purposes provided that this copyright notice is * preserved intact on all copies and modified copies. * * There is no warranty or other guarantee of fitness of this software. * It is provided solely "as is". The author(s) disclaim(s) all * responsibility and liability with respect to this software's usage * or its effect upon hardware or computer systems. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- License agreement for CDROM distribution. ============================================================================== Software License Agreement Between Mark Podlipec And XXXX This software distribution license for XAnim (the Software), grants XXXX (the Licensee) permission to distribute the Software, owned and copyrighted by Mark Podlipec of 15 Meadow Lane, Shrewsbury, MA 01545 (the Licensor), on the following titles of CDROMs: <> which are broken up into two categories: (a) CD-ROMs that are sold, bundled with a product that is sold, or provided as part of a service that is sold(Commercial Product). (b) CD-ROMs that are given away free of charge(Demo Product). and collectively known as (the Products), subject to the following conditions: 1. Copyright (a) The Licensee agrees that all rights and title to the Software shall remain with the Licensor. (b) Notice of the Licensor's copyright must be included on the Products with the Software. 2. Restrictions (a) Both Parties agree that this license is nonexclusive and worldwide. (b) The Licensee agrees that this license covers only the Products listed above, including subsequent versions of the Products published in the future. Additional products shipped under different titles may be added to this Agreement by an amendment to this document, signed by both Parties. (c) The Licensee is permitted to use the current version and future versions of the Software in the Products, subject to the rules contained in this Agreement. (d) The Licensee agrees to comply with all applicable export regulations in the countries in which the Products will be distributed. (e) The Licensor cannot be held liable for any damages, either direct or indirect, resulting from use, in any way, of any portion of the Software, either by the Licensee or by users of the Products. (f) The Software is provided +AS IS+ with no warranty of any kind, including, but not limited to, the warranty of merchantability or fitness for a particular purpose. 3. In exchange for the rights granted in this Agreement, the Licensee will pay the Licensor the following fees for the Products(listed above or amended later) that include the Software: (a) $YY for each Demo Product title. (b) $Y for each CDROM sold of a Commercial Product title with a $YY minimum per title. Any fees will be paid on a quarterly basis. 4. This Agreement constitutes the entire agreement between the Parties and supersedes any and all prior agreements, negotiations, representations and understandings whether written or oral between the Parties concerning the Software. Signed, __________________________________ Date:_________________________ Licensor Mark Podlipec 15 Meadow Lane Shrewsbury MA 01545 __________________________________ Date:_________________________ Licensee XXXX ==============================================================================