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Fourth World Public License

Version 1.0.1
First draft 16 July 1999
Last revised 10 September 2003


Introduction

This document defines the terms and conditions governing the use and distribution of the Software with which it is distributed.

I. Definitions

  1. "Software" refers to the collection of files, including both source and object code, and any accompanying documentation and examples, distributed by the Copyright Holder, and derivatives of those files created through modification.

  2. "Standard Version" refers to such Software if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder as specified below.

  3. "Copyright Holder" is any party named in the copyright or copyrights for the Software.

  4. "You" is any party considering copying, modifying, or distributing this Software.

  5. "Reasonable copying fee" is whatever you can justify on the basis of media cost and duplication expenses.

  6. "Freely Available" means that no fee is charged for the Software itself, though there may be fees involved in handling the Software. It also means that recipients of the Software may redistribute it under the same conditions they received it.

  7. "Fourth World Public Archive" is the Internet resource located at http://www.fourthworld.com/supercard/index.html, the official home of the Standard Version of the Software and other materials governed under this agreement.

  8. "Archivist" means the party designated by the Copyright Holder with the responsibility to incorporate modifications into the Standard Version at the direction of the Copyright Holder. As of this writing, the designated Archivist for Software distributed under the Fourth World Public License is Richard Gaskin, of Fourth World Media Corporation, Los Angeles, CA, USA <ambassador@fourthworld.com>.

II. Software License

  1. You may make and give away copies of the source and/or object form of the Standard Version of this Software without restriction, provided that:
    1. you duplicate all of the original copyright notices and associated disclaimers.
    2. the Software is freely available, without collecting any royalties or fees of any kind, with the exception of reasonable copying fees to cover distribution costs.

  2. You may modify your copy of this Software in any way, provided that:
    1. you insert a prominent notice in each changed file stating how and when you changed that file.
    2. modifications to the source code are not deliberately obfuscated to prevent understanding of underlying algorithms.
    3. any modified version of the source or object code must be clearly renamed as to identify it as distinct from the Standard Version, and must include instructions on where to obtain the Standard Version.
    4. any modified version of the Software is made freely available, without collecting any royalties or fees of any kind, with the exception of reasonable copying fees to cover distribution costs.

  3. You are strongly encouraged to send a copy of any distributable version of modified source code to the designated Archivist at the email address noted above to be considered for incorporation into the Fourth World Public Archive, so that it can be shared with others under these same terms and conditions. Modifications submitted in this fashion may or may not become part of a future release of the Standard Version of the Software, at the sole discretion of the Copyright Holder.

  4. Object code derived in whole or in part from the Software may be used as an incidental portion of a larger commercial work, provided that the primary purpose of the larger work is substantially different from that of the Software such a work includes (i.e., it does not attempt to simply replace the Software). The commercial product or work for hire which includes the Software in this manner shall not be construed as a distribution of the Software, and is not restricted by the terms and conditions of the Fourth World Public License. Any modified source code for the Software itself included in such a larger work, however, is still governed by the terms and conditions of Fourth World Public License.

  5. The name of the Copyright Holder, Fourth World Media Corporation or Wetware, Inc, may not be used to endorse or promote products derived from this software without specific prior written permission from the parties involved.

III. Disclaimer of Warranty

    SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD ANY PORTION OF THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY PORTION OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

V. Limitation of Liability

    UNDER NO CIRCUMSTANCES SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF THE SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.




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