source: Sophya/trunk/SophyaExt/JThreadsC++/JTCSrc/LICENSE@ 1036

ROYALTY-FREE PUBLIC LICENSE AGREEMENT FOR JTHREADS/C++ SOFTWARE

IMPORTANT-READ CAREFULLY: This Object-Oriented Concepts, Inc.
Royalty-Free Public License Agreement for ORBacus Software ("License")
is a legal agreement between you, the Licensee, (either an individual
or a single entity) and Object-Oriented Concepts, Inc. ("OOC") for
non-commercially using, copying, distributing and modifying the
Software and any work derived from the Software, as defined
hereinbelow.  Any commercial use is subject to a different license.

By using, modifying or distributing the Software or any work derived
from the Software, Licensee indicates acceptance of this License, and
agrees to be bound by all its terms and conditions for using, copying,
distributing or modifying the Software and works derived from the
Software.

No rights are granted to the Software except as expressly set forth
herein.  Nothing other than this License grants Licensee permission to
use, copy, distribute or modify the Software or any work derived from
the Software.  Licensee may not use, copy, distribute or modify the
Software or any work derived from the Software except as expressly
provided under this License.  If Licensee does not accept the terms
and conditions of this License, do not use, copy, distribute or modify
the Software.

In consideration for Licensee's forbearance of commercial use of the
Software, OOC grants Licensee non-exclusive, royalty-free rights as
expressly provided herein.

DEFINITIONS.

The "Software" is the JThreads/C++ software, including, but not
limited to, the JThreads/C++ Libraries, demo programs, associated
media and printed materials, and any included "on-line" documentation.

A "work derived from the Software" is any derivative work, as defined
in 17 U.S.C. paragraph 101, which is derived from the Software, for
example, a program which is linked with or otherwise incorporates the
JThreads/C++ Libraries, or a translation, improvement, enhancement,
extension or other modification of the Software.

To "use" means to execute (i.e. run) the Software.

To "copy" means to create one or more copies as defined in 17 U.S.C.
paragraph 101.

To "distribute" means to broadcast, publish, transfer, post, upload,
download or otherwise disseminate in any medium to any third party.

To "modify" means to create a work derived from the Software.

A "commercial use" is:

(1) the use of the Software or any work derived from the Software in
connection with, for or in aid of the generation of revenue, such as
in the conduct of Licensee's daily business operations; or

(2) any copying, distribution or modification of the Software or any
work derived from the Software to any party where payment or other
consideration is made in connection with such copying, distribution or
modification, whether directly (as in payment for a copy of the
Software) or indirectly (including but not limited to payment for some
good or service related to the Software, or payment for some product
or service that includes a copy of the Software "without
charge"). However, the following actions which involve payment do not
in and of themselves constitute a commercial use:

(a) posting the Software on a public access information storage and
retrieval service for which a fee is received for retrieving
information (such as an on-line service), provided that the fee is not
content-dependent.  Such fees which are not content dependent include,
but are not limited to, fees which are based solely on the storage
capacity required to store the information, and fees which are based
solely on the time required to transfer the information from/to the
public access information storage and retrieval service; and

(b) distributing the Software on a CD-ROM, provided that the Software
is reproduced entirely and verbatim on such CD-ROM, and provided
further that all information on such CD-ROM may be distributed in a
manner which does not constitute a commercial use.

GRANT OF LICENSE.

LICENSE TO USE.
Licensee may use the Software provided that such use does not
constitute a commercial use.

LICENSE TO COPY AND DISTRIBUTE.
Licensee may copy and distribute literal (i.e., verbatim) copies of
the Software as Licensee receives it throughout the world, in any
medium, provided that Licensee distributes an unmodified,
easily-readable copy of this License with the Software, and provided
further that such distribution does not constitute a commercial use.

LICENSE TO CREATE WORKS DERIVED FROM THE SOFTWARE.
Licensee may create works derived from the Software, provided that any
such work derived from the Software carries prominent notices stating
both the manner in which Licensee has created a work derived from the
Software (for example, notices stating that the work derived from the
Software is linked with or otherwise incorporates the JThreads/C++
Libraries, or notices stating that the work derived from the Software
is an enhancement to the Software which Licensee has created) and the
date any such work derived from the Software was created.

LICENSE TO COPY AND DISTRIBUTE WORKS DERIVED FROM THE SOFTWARE.
Licensee may copy and distribute works derived from the Software
throughout the world, provided that Licensee distributes an
unmodified, easily-readable copy of this License with such works
derived from the Software, and provided further that such distribution
does not constitute a commercial use.  Licensee must cause any work
derived from the Software that Licensee distributes to be licensed as
a whole and at no charge to all third parties under the terms of this
License.

Any work derived from the Software must be accompanied by the complete
corresponding machine-readable source code of such work derived from
the Software, delivered on a medium customarily used for software
interchange.  The source code for the work derived from the Software
means the preferred form of the work derived from the Software for
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and installation of all or any part of the work derived from the
Software.  However, the source code delivered need not include
anything that is normally distributed, in either source code or binary
(object-code) form, with major components (including but not limited
to compilers, linkers and kernels) of the operating system on which
the executable work derived from the Software runs, unless that
component itself accompanies the executable code of the work derived
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Furthermore, if the executable code or object code of the work derived
from the Software may be copied from a designated place, and if the
source code of the work derived from the Software may be copied from
the same place, then the work derived from the Software shall be
construed as accompanied by the complete corresponding
machine-readable source code of such work derived from the Software,
even though third parties are not compelled to copy the source code
along with the executable code or object code.

If the work derived from the Software normally reads commands
interactively when run, Licensee must cause the work derived from the
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Licensee may not impose any further restrictions on the exercise of
the rights granted herein by any recipient of any work derived from
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RESTRICTIONS.

Licensee acknowledges that the Software is protected by copyright laws
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title and copyrights in and to the Software, including but not limited
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Licensee may not sublicense, assign or transfer this License, the
Software or any work derived from the Software except as permitted by
this License.

If Licensee distributes any written or printed material at all with
the Software or any work derived from the Software, such material must
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is covered by this License, and also written instructions for printing
and/or displaying the copy of this License which is provided on the
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If using, copying, distributing and/or modifying the Software is
restricted in certain countries for any reason, OOC may in the future
add an explicit geographical distribution limitation excluding those
countries, so that using, copying, distributing and/or modifying is
permitted only in or among countries not thus excluded.  In such case,
this License incorporates the limitation as if written in the body of
this License.

LICENSE TO WORKS DERIVED FROM THE SOFTWARE.

Licensee hereby grants to OOC a non-exclusive, non-transferable,
royalty-free right to use, copy, distribute and modify, with the right
to sublicense at any tier, any and all works derived from the Software
that Licensee creates, provided such works derived from the Software
are distributed to OOC by Licensee, and further provided that, if such
works derived from the Software comprise a program which is linked
with or otherwise incorporates the JThreads/C++ Libraries, such works
derived from the Software would constitute works derived from the
Software independent of a program which is linked with or otherwise
incorporates the JThreads/C++ Libraries, for example, a "bug fix" of
the Software.

LIMITED WARRANTY.

NO WARRANTIES.
OOC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE.  THE SOFTWARE
IS PROVIDED TO LICENSEE "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
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QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH LICENSEE.  SHOULD THE
SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.

NO LIABILITY FOR DAMAGES.
IN NO EVENT WILL OOC, OR ANY OTHER PARTY WHO MAY COPY, DISTRIBUTE OR
MODIFY THE SOFTWARE AS PERMITTED HEREIN, BE LIABLE FOR ANY GENERAL,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, INACCURATE INFORMATION, LOSS
OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE, EVEN IF OOC OR SUCH OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

U.S. GOVERNMENT RESTRICTED RIGHTS.

The Software is provided with RESTRICTED RIGHTS.  Use, duplication or
disclosure by the Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of The Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software-Restricted Rights 48
C.F.R. paragraph 52.227-19, as applicable.  Manufacturer is
Object-Oriented Concepts, Inc./44 Manning Road/Billerica, MA 01821

TERMINATION.

Any violation or any attempt to violate any of the terms and
conditions of this License will automatically terminate Licensee's
rights under this License.  Licensee further agrees upon such
termination to cease any and all using, copying, distributing and
modifying of the Software and any work derived from the Software, and
further to destroy any and all of Licensee's copies of the Software
and any work derived from the Software.

However, parties who have received copies of the Software or copies of
any work derived from the Software, or rights, from Licensee under
this License will not have their licenses terminated so long as such
parties remain in full compliance with this License.

LICENSE SCOPE AND MODIFICATION.

This License sets forth the entire agreement between Licensee and OOC
and supersedes all prior agreements and understandings between the
parties relating to the subject matter hereof.  None of the terms of
this License may be waived or modified except as expressly agreed in
writing by both Licensee and OOC.

SEVERABILITY.

Should any provision of this License be declared void or
unenforceable, the validity of the remaining provisions shall not be
affected thereby.

GOVERNING LAWS.

This License is governed by the laws of the Commonwealth of
Massachusetts, U.S.A., and shall be interpreted in accordance with and
governed by the laws thereof.

Licensee hereby waives any and all right to assert a defense based on
jurisdiction and venue for any action stemming from this License
brought in U.S. District Court for the District of Massachusetts.



Should Licensee have any questions concerning this License, or if
Licensee desires to contact Object-Oriented Concepts, Inc. for any
reason, please contact Object-Oriented Concepts, Inc. at:

                Object-Oriented Concepts, Inc.
                44 Manning Road
                Billerica, MA 01821