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<H1>RE: [MUD-Dev] Proper liscense for MUD source? Perhaps not GPL... (fwd)</H1>
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<LI><em>To</em>: &lt;<A HREF="mailto:mud-dev#kanga,nu">mud-dev#kanga,nu</A>&gt;</LI>
<LI><em>Subject</em>: RE: [MUD-Dev] Proper liscense for MUD source? Perhaps not GPL... (fwd) </LI>
<LI><em>From</em>: "Christopher Allen" &lt;<A HREF="mailto:ChristopherA#Skotos,net">ChristopherA#Skotos,net</A>&gt;</LI>
<LI><em>Date</em>: Mon, 20 Dec 1999 20:03:25 -0800</LI>
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<PRE>
We have a similar problem.

We are approaching release of the SkotosLib on top of the DGD driver. We plan on
making commercial games with our code.

We own the rights to all of our code (including a substantial amount of cash to
buy rights to the DGD driver from Acuity/iChat) and the company has been working
full-time since last February on the library. So we don't want to give all of
this work free for someone to compete directly against us in the commercial
domain.

Yet we would like to offer non-commercial developers the ability to use our
library and driver to create games. This is both because we want to contribute
back to the community we have learned so much from, but also because we feel
that the community will contribute back to the product.

This is what I've come up with so far -- CONSIDER IT VERY ROUGH -- it was a
night of legal 'hacking' from various agreements and documents found elsewhere
and hasn't been reviewed extensively, needs more work, and hasn't had a lawyer
look at it yet.

I'd love your ideas and commentary on it.

Remember, our product is *NOT* intended to be open source -- our license to DGD
at minimum would prevent us from doing that.

------------------------------------------------------------------------
.. Christopher Allen                                 Skotos Tech Inc. ..
..                           1512 Walnut St., Berkeley, CA 94709-1513 ..
.. &lt;<A  HREF="http://www.Skotos.net">http://www.Skotos.net</A>&gt;               o510/649-4030  f510/649-4034 ..



**  THIS IS A DRAFT!  **  THIS IS A DRAFT!  **  THIS IS A DRAFT!  **

SKOTOS NON-COMMERCIAL LICENSE version 1.0ALPHA (Rev. 12 Nov 1999)
=================================================================
This agreement (hereinafter the "Agreement") is made and entered into by
and between Skotos Tech Inc., a Delaware Corporation with offices at
1512 Walnut Street, Berkeley, CA 94709-1513, United States of America
(hereinafter referred to as "SKOTOS") and the LICENSEE.

The "LICENSEE" is the individual or legal entity exercising rights under
this Agreement, and by exercising such rights has agreed to comply with
all of the terms of this Agreement. For legal entities, LICENSEE
includes any entity which controls, is controlled by, or is under common
control with the LICENSEE. For purposes of this definition, "control"
means (a) the power, direct or indirect, to cause the direction of
management of such entity, whether by contract or otherwise, or (b)
ownership of more then fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.


1.   LICENSE GRANT
-----------------
SKOTOS is the sole owner of the software work (in source and object code
form including all documentation relating to the use of the software
work) known as the Skotos Game Library (hereinafter the "Product").

SKOTOS hereby grants LICENSEE, and LICENSEE accepts, a non-exclusive,
non-transferable license to distribute and use the Product. By
exercising the rights granted under such license to the Product, the
LICENSEE agrees to be subject to compliance with all of the terms and
conditions as set forth in this Agreement.


2. TERMS OF USE AND DISTRIBUTION
--------------------------------
Permission is granted by SKOTOS to LICENSEE to distribute and use this
Product solely for Non-Commercial Purposes.

"Non-Commercial Purposes" refers to any distribution or use of the
Product for academic or scientific research, demonstration, evaluation,
and other non-revenue producing purposes. Distribution or use of the
Product for any revenue producing purpose is explicitly restricted. This
includes, but not limited to, any distribution or use of the Product
from which any form of revenue is received regardless of profit
therefrom, or from which any revenue or promotional value is received,
as well as any distribution to or use by a corporation or other
commercial entity, or to promote or support a corporation or other
commercial entity.

This Agreement, the license rights granted hereunder and the
Product, or any part thereof, may not be assigned or transferred by
LICENSEE, including by operation of law, without the prior written
consent of SKOTOS. Any such transfer without the prior written consent
of SKOTOS shall be ineffective. A change of control of LICENSEE, whether
by sale or issuance of shares, or merger, or otherwise, shall be deemed
to be an assignment.


3. COMPLIANCE WITH LAWS
-----------------------
LICENSEE shall comply with all applicable export, import, or other
relevant laws of any applicable jurisdiction. LICENSEE shall be subject
to all applicable United States and foreign laws, regulations, rules and
decrees in respect to the use or distribution to foreign countries of
permitted distributions of the Product, derivative works, and related
technical documentation. This includes, without limitation, the US
Foreign Corrupt Practices Act, the Export Administration Act, the US
Anti-Boycott Laws, and any regulations promulgated thereunder,
including, but not limited to, the International Traffic in Arms
Regulations (ITAR).

Determination of any applicable law, including but not limited to
obtaining any necessary export or import approval for LICENSEE
distribution of permitted copies of the Product, derivative works, and
related technical documentation is the responsibility of the LICENSEE.

For purposes of use or distribution of the Product to or by the U.S.
Government, the Product is provided as Commercial Computer Software and
Commercial Computer Software Documentation, and use, duplication and
disclosure by the U.S. Government is subject to the requirements set
forth in FAR 52- 227-19 "Commercial Computer Software - Restricted
Rights", or DFARS 227.7202 "Commercial Computer Software and Commercial
Computer Software Documentation", as applicable. For purposes of this
Section, except as otherwise noted, manufacturer of the Product is
Skotos Tech Inc. a Delaware Corporation.


4. SKOTOS NOTICES
-----------------
LICENSEE agrees to inform any of its authorized users under this
Agreement, or to any party that the LICENSEE distributes the Product to,
the LICENSEE's obligations under this Agreement. LICENSEE shall
reproduce in any permitted distribution or use of the Product, or
derivative work based on the Product, all proprietary trademark, patent,
copyright notices present in the Product as distributed by SKOTOS.
SKOTOS grants the LICENSEE the right to display any such notices,
provided that SKOTOS may exercise reasonable control over Licensee's
specific use.


5. TERMS OF MODIFICATION AND CREATION OF DERIVATIVE WORKS
---------------------------------------------------------
No rights are granted to the LICENSEE to any modifications to the
Product, or derivative works based on the product except as explicitly
defined herein. This includes updates, enhancements, modifications, or
extensions to the Product by SKOTOS, by the LICENSEE, or by third-
parties, without the explicit written permission of SKOTOS.

Permission is granted by SKOTOS to LICENSEE to modify the Product or
create a derivative work based on the Product, provided that such
modifications or derivative work are for the exclusive use of the
LICENSEE. Such modifications or derivative works may not be distributed,
used, licensed or sublicensed to third-parties without the explicit
written permission of SKOTOS.

At LICENSEE's sole discretion, LICENSEE may contribute to SKOTOS
modifications made to the Product, or derivative works based on the
Product, hereinafter known as "Contributions". LICENSEE hereby grants to
SKOTOS an irrevocable, exclusive, royalty-free license to use, prepare
derivative works, distribute to others, sell, sublicense, and otherwise
transfer and dispose such Contributions.

The LICENSEE represents and warrants to SKOTOS that it has full and
sufficient right, title, interest, and authority to grant the rights,
licenses, interests and privileges present in such Contributions.
Otherwise, any such Contributions are provided by LICENSEE to SKOTOS "as
is" without warranty of any kind, express or implied, including but not
limited to warranties of merchantability, fitness for a particular
purpose.

SKOTOS has no obligation to accept such contributions, however, if
accepted, SKOTOS shall retain a notice of authorship or credit to the
LICENSEE in the source code of the Product for any such contributions.
SKOTOS reserves the right to modify such notice or credit in order to
conform with other notices and credits in the Product.


6. TERM AND TERMINATION
-----------------------
SKOTOS grants to LICENSEE the right to distribute and use the Product in
perpetuity, subject the compliance of all the terms of this License.

SKOTOS may immediately terminate this license upon written notice to
LICENSEE, if the LICENSEE fails to comply with any of the terms and
conditions of this License. Upon termination, distribution and use of
the Product shall be immediately discontinued. In such event, the
license and grants hereunder shall immediately expire and LICENSEE shall
have no further rights or access to the Product, and LICENSEE shall
immediately destroy all copies of the Product. Such termination shall
have no effect on the irrevocable rights granted to SKOTOS by the
LICENSEE for any Contributions given to SKOTOS by the LICENSEE.


7. WARRANTY
-----------
SKOTOS represents and warrants to the LICENSEE that it has full and
sufficient right, title, interest, and authority to grant the rights,
licenses, interests and privileges offered to the LICENSEE in this
Agreement.


8. WARRANTY DISCLAIMER
----------------------
Except as provided in Section 7, SKOTOS grants the LICENSEE the
rights to the Product as described herein on an "as is" basis.

The warranty in Section 7 is in lieu of all other warranties or
conditions, and SKOTOS makes no other warranty, condition or
representation of any kind whether express or implied, and SKOTOS
expressly disclaims the implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
infringement and those arising by statute or otherwise in law or from
the course of dealing or usage of trade. SKOTOS does not represent or
warrant that the Product will meet any or all of LICENSEE's particular
requirements, that the operation of the Product will be error-free or
uninterrupted, or that all programming errors in the Product can be
found in order to be corrected.

SKOTOS does not indemnify the LICENSEE or any other party against any
infringement of copyright, patent, trademark, or trade secret resulting
from the LICENSEE's distribution, use, modification of the Product.


9. INDEMNIFICATION BY SKOTOS
----------------------------
SKOTOS shall defend LICENSEE from any claim that the copies of the
Product licensed to LICENSEE hereunder, when used within the scope of
this Agreement, infringe any U.S. or Canadian patent, copyright,
trademark, or trade secret rights of any third party and SKOTOS shall
indemnify LICENSEE for any costs and damages (including reasonable
attorney's fees) awarded by a court against LICENSEE in respect of such
a claim; provided that LICENSEE promptly notifies SKOTOS in writing of
any such claim and promptly tenders the control of the defense and
settlement of any such claim to SKOTOS at SKOTOS's expense and with
SKOTOS's choice of counsel. LICENSEE shall co-operate with SKOTOS, at
SKOTOS's expense, in defending or settling such claim. SKOTOS may, at
SKOTOS's sole option and expense: (i) procure for LICENSEE the right to
continue use of the pertinent item or infringing part thereof as
permitted under this Agreement; (ii) modify the pertinent item or
infringing part thereof with other software having substantially the
same capabilities; or (iii) if neither of the foregoing is commercially
practicable to achieve within a reasonable period of time, SKOTOS may
terminate LICENSEE's right to use the pertinent item.

SKOTOS shall have no liability for any infringement arising from (i) the
use of the Product other than as set forth in its accompanying
documentation or specifications; (ii) the modification of the Product
unless such modification was made or authorized by SKOTOS, when such
infringement would not have occurred but for such modification; or (iii)
the combination or use of the Product with other software, hardware,
items or processes not approved by SKOTOS in advance if such
infringement would have been avoided by the use of the Software standing
alone. This paragraph states SKOTOS's entire obligation with respect to
any claim regarding the intellectual property rights of any third party.


10. INDEMNIFICATION BY LICENSEE
-------------------------------
LICENSEE agrees to indemnify SKOTOS against all damages, costs, and
expenses, including attorney fees, arising from use or distribution
of the Product by the LICENSEE under this Agreement, including, but
not limited to, the making, using, or processing products, or services
therefrom. This indemnification includes, but is not limited to, product
liability.


11. LIMITATION OF LIABILITY BY SKOTOS
------------------------------------
LICENSEE AGREES THAT ANY LIABILITY ON THE PART OF SKOTOS FOR BREACH OF
THE WARRANTIES CONTAINED HEREIN OR ANY OF THE OTHER PROVISIONS OF THIS
AGREEMENT OR ANY OTHER BREACH GIVING RISE TO LIABILITY OR IN ANY OTHER
WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY CAUSE OF ACTION
WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION (INCLUDING BREACH OF
CONTRACT, STRICT LIABILITY, TORT INCLUDING NEGLIGENCE OR ANY OTHER LEGAL
OR EQUITABLE THEORY), SHALL BE LIMITED TO LICENSEE'S DIRECT DAMAGES IN
AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT PAID TO SKOTOS BY LICENSEE
UNDER THIS AGREEMENT DURING THE TWO YEARS PRIOR TO THE EVENT GIVING RISE
TO LIABILITY. LICENSEE AGREES THAT IN NO EVENT WILL SKOTOS BE LIABLE FOR
DAMAGES IN RESPECT OF INCIDENTAL, ORDINARY, PUNITIVE, EXEMPLARY,
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF SKOTOS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, BUT NOT LIMITED
TO, BUSINESS INTERRUPTION, LOST BUSINESS REVENUE, LOST PROFITS, FAILURE
TO REALIZE EXPECTED SAVINGS, ECONOMIC LOSS, LOSS OF DATA, LOSS OF
BUSINESS OPPORTUNITY OR ANY CLAIM AGAINST LICENSEE BY ANY OTHER PARTY.

SKOTOS ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR ANY EXPENSES, LOSSES,
OR ACTION INCURRED OR UNDERTAKEN BY THE LICENSEE, OR THOSE RECEIVING THE
PRODUCT FROM THE LICENSEE, AS RESULT OF RECEIPT OR USE OF THE PRODUCT.


12. Interpretation of This Agreement
-----------------------------------
The "Effective Date" of this Agreement shall be the first day the
LICENSEE exercises any of the rights granted by this Agreement. This
Agreement is the entire Agreement to date between the parties regarding
the Product and supersedes any such prior agreement or communication.
Any subsequent waiver or modification of this Agreement, or any part,
shall only be effective if reduced to writing and signed by both
parties. No delay or failure to enforce any right under this Agreement
shall be considered a waiver of a party's rights thereafter to enforce
each and every right and provision of this Agreement. If any provision
of this Agreement is declared by a court of competent jurisdiction to be
invalid, illegal, or unenforceable, such provision shall be severed from
this Agreement and the other provisions shall remain in full force and
effect. Any person entering into this Agreement (or any later
modifications or addenda) on behalf of Licensee, warrants that he or she
has the authority to bind Licensee. This Agreement shall be binding
upon, and inure to the benefit of, the successors, heirs and assigns of
the parties. LICENSEE and SKOTOS are independent contracting parties.
Neither LICENSEE nor LICENSEEs employees, consultants, contractors or
agents are agents, employees or joint-ventures of SKOTOS, nor do they
have any authority to bind SKOTOS by contract or otherwise to any
obligation. LICENSEE agrees not to make any statements which state or
imply that LICENSEE certifies or guarantees Licensee use or distribution
of the Product are warranted, tested or approved by SKOTOS. Dates and
times by which either party is required to render performance shall be
postponed automatically to the extent and for the period of time that
such party is prevented from meeting them by reason of any cause beyond
its reasonable control.

13. Notices
-----------
All notices hereunder shall be in writing and shall be duly given if
delivered personally or sent by registered or certified mail, return
receipt requested, postage prepaid, to the parties appearing in this
Agreement. Any notice given shall be deemed to be received: (i) on the
date which it is delivered if delivered personally, (i) or, if mailed,
on the fifth business day next following the mailing thereof. Either
party may change its address for notices by giving notice of such
change.

Notices to SKOTOS should

   Skotos Tech Inc.
   1512 Walnut Street
   Berkeley, CA 94707-1513
   510/649-4030
   fax 510-649-4034


11. Jurisdiction
----------------
The laws in force in the Alameda County, State of California, United
States of America, and any litigation or other dispute resolution
between the parties relating to this Agreement or its construction shall
take place in the courts of Alameda County, State of California, United
States of America. The parties consent to the personal jurisdiction of,
and venue in, the provincial and national courts as specified, above.
The parties agree that the United Nations Convention on Contracts for
the International Sale of Goods shall not apply to this Agreement. NO
ACTION AGAINST SKOTOS REGARDLESS OF FORM (INCLUDING NEGLIGENCE), ARISING
OUT OF ANY CLAIMED BREACH OF THIS AGREEMENT OR TRANSACTIONS UNDER THIS
AGREEMENT OR IN ANY OTHER WAY RELATED TO THIS AGREEMENT MAY BE BROUGHT
BY LICENSEE MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
The prevailing party (as determined by the finder of fact) in any suit
or other dispute resolution to enforce or interpret any part of this
Agreement shall be entitled to recover, as a costs of suit, reasonable
attorney's fees as determined by the finder of fact (including, but not
limited to, costs, expenses and fees on appeal).

**  THIS IS A DRAFT!  **  THIS IS A DRAFT!  **  THIS IS A DRAFT!  **




_______________________________________________
MUD-Dev maillist  -  MUD-Dev#kanga,nu
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<li><strong><A NAME="00712" HREF="msg00712.html">Re: [MUD-Dev] Proper liscense for MUD source? Perhaps not GPL... (fwd)</A></strong>
<ul compact><li><em>From:</em> J C Lawrence &lt;claw@cp.net&gt;</li></ul>
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<ul><li>Thread context:
<BLOCKQUOTE><UL>
<LI><STRONG>Re: [MUD-Dev] Proper liscense for MUD source? Perhaps not GPL... (fwd)</STRONG>, <EM>(continued)</EM>
<ul compact>
<ul compact>
<ul compact>
<LI><strong><A NAME="00711" HREF="msg00711.html">Re: [MUD-Dev] Proper liscense for MUD source? Perhaps not GPL... (fwd)</A></strong>, 
J C Lawrence <a href="mailto:claw@cp.net">claw@cp.net</a>, Tue 21 Dec 1999, 19:28 GMT
<UL>
<LI><strong><A NAME="00715" HREF="msg00715.html">Re: [MUD-Dev] Proper liscense for MUD source? Perhaps not GPL...(fwd)</A></strong>, 
Rahul Sinha <a href="mailto:rsinha@glue.umd.edu">rsinha@glue.umd.edu</a>, Tue 21 Dec 1999, 22:59 GMT
</LI>
</UL>
</LI>
</ul>
</ul>
<LI><strong><A NAME="00698" HREF="msg00698.html">Re: [MUD-Dev] Proper liscense for MUD source? Perhaps not GPL... (fwd)</A></strong>, 
Ben Greear <a href="mailto:greearb@candelatech.com">greearb@candelatech.com</a>, Tue 21 Dec 1999, 02:32 GMT
<UL>
<LI><strong><A NAME="00700" HREF="msg00700.html">Re: [MUD-Dev] Proper liscense for MUD source? Perhaps not GPL... (fwd)</A></strong>, 
J C Lawrence <a href="mailto:claw@cp.net">claw@cp.net</a>, Tue 21 Dec 1999, 02:46 GMT
<UL>
<LI><strong><A NAME="00703" HREF="msg00703.html">RE: [MUD-Dev] Proper liscense for MUD source? Perhaps not GPL... (fwd)</A></strong>, 
Christopher Allen <a href="mailto:ChristopherA@Skotos.net">ChristopherA@Skotos.net</a>, Tue 21 Dec 1999, 06:05 GMT
<UL>
<LI><strong><A NAME="00712" HREF="msg00712.html">Re: [MUD-Dev] Proper liscense for MUD source? Perhaps not GPL... (fwd)</A></strong>, 
J C Lawrence <a href="mailto:claw@cp.net">claw@cp.net</a>, Tue 21 Dec 1999, 19:40 GMT
</LI>
</UL>
</LI>
</UL>
</LI>
</UL>
</LI>
<LI><strong><A NAME="00706" HREF="msg00706.html">Re: [MUD-Dev] Proper liscense for MUD source? Perhaps not GPL... (fwd)</A></strong>, 
SodaPop <a href="mailto:soda@dmi.xirr.com">soda@dmi.xirr.com</a>, Tue 21 Dec 1999, 17:38 GMT
</LI>
</ul>
</LI>
<LI><strong><A NAME="00692" HREF="msg00692.html">[MUD-Dev] Farewell again</A></strong>, 
Ilya, GC <a href="mailto:Ilya@gamecommandos.com">Ilya@gamecommandos.com</a>, Tue 21 Dec 1999, 00:22 GMT
<LI><strong><A NAME="00689" HREF="msg00689.html">[MUD-Dev] Telnet Protocol and Winsocks</A></strong>, 
method <a href="mailto:method_e@hotmail.com">method_e@hotmail.com</a>, Mon 20 Dec 1999, 21:44 GMT
</LI>
</UL></BLOCKQUOTE>

</ul>
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