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From: dorner@pequod.cso.uiuc.edu (Steve Dorner)
Newsgroups: comp.sys.mac.comm
Subject: Re: MacTCP Locations
Message-ID: <1991Jan30.000712.13874@ux1.cso.uiuc.edu>
Date: 30 Jan 91 00:07:12 GMT
References: <1991Jan24.154003@ap.co.umist.ac.uk> <231b3679.664787163@fergvax> <1991Jan29.104307.514@covax.commerce.uq.oz.au>
Sender: news@ux1.cso.uiuc.edu (News)
Organization: University of Illinois at U-C
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In article <1991Jan29.104307.514@covax.commerce.uq.oz.au> bellamy@covax.commerce.uq.oz.au writes:
>It has been included at a couple of FTP site, which I'll not mention since
>you can not legally copy from them.  At these sites it is ment only for
>local distribution or to those who have bought the product (developer's
>can buy a license to distribute MacTCP).

Ahem.  I guess Mr. Bellamy's license must read very differently from MINE.
I have reproduced the license below.  Trust me that the elided parts are
very boring indeed, and have no bearing on the issue at hand.

I am not a high priest of the law, but I do not see how this agreement
prohibits me from distributing MacTCP (in conjunction with Eudora) by any
means I choose, to whomever I choose, anonymous ftp included.

MacTCP UNIVERSITY COMMERCIAL USE LICENSE AGREEMENT

Apple Computer, In.c ("Apple") agrees to license the computer program described
in Exhibit A ("MacTCP") including all updates and improvements, to the
developer listed above and any majority-owned subsidiariesof the developer
(collectively referred to below as "Developer").  Developer desires to
distribute MacTCP for use in combination with Developer's own computer programs
identified in Exhibit A ("Developer Programs").
[Exhibit A describes Eudora and some other things--sd]
...
1. License
(a) Apple hereby grants to Developer a nonexclusive, nontransferable
license to copy and distribute MacTCP in object code form for use only
in combination with Developer Programs identified in Exhibit A.
...
(b) Developer may not use, reproduce, sublicense, distribute or
dispose of MacTCP, in whole or in part, to any third party other
than as permitted under this Agreement.

(c) The following guidelines shall apply to the software and documentation
included in MacTCP.

  (i) The two TCP drivers, MacTCP and AdminTCP, may be distributed to
  Developer's end users along with Developer's Programs.  However, developer's
  end users may not redistribute MacTCP.
  ...
  
2. Effective Date; Term.
...
3. Consideration [payment--sd]
...
4. Support [of us by apple--sd]
...
5. Modification.
MacTCP may not be modified, improved, or adapted by Developer.
6. Disclaimer of Warranty.
...
7. Disclaimer of Liability.
...
8. Labelling. [we gotta say a bunch of stuff about how VERY MUCH Apple
owns MacTCP.--sd]
...
9. Release by Developer. [we can't sue Apple--sd]
...
10. Indemnification by Apple. [people can't sue us if they think Apple
doesn't own MacTCP--sd]
...
11. Breach and Termination [what happens if the license is broken--sd]
...
12. Destruction of MacTCP [we have to destroy our copies (not yours) of
MacTCP if the license is broken.--sd]
...
13. Assignment [we can't sublet the license.--sd]
...
14. Governing Law [Illinois'--sd]
...
15. Notices [between Apple and us--sd]
...
16. Disclaimer of Agency. [UIUC doesn't become part of Apple, nor
vice-versa--sd]
...
17. Complete Understanding.
THIS AGREEMENT INCLUDING ALL EXHIBITS ATTACHED CONSTITUTES THE ENTIRE AGREEMENT
BETWEEN THE PARTIES CONCERNING THIS SUBJECT MATTER.  ANY WAIVER OR AMMENDMENT
OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE ONLY IF IN WRITING AND
SIGNED BY AUTHORIZED REPRESENTATIVES OF BOTH PARTIES. [caps mine--sd]

[Signatures deleted]
--
Steve Dorner, U of Illinois Computing Services Office
Internet: s-dorner@uiuc.edu  UUCP: uunet!uiucuxc!uiuc.edu!s-dorner