This is the license agreement for the `Xenonsoft FreeInstaller' --------------------------------------------------------------------------- XENONSOFT PUBLIC END USER LICENSE AGREEMENT 1.00 --------------------------------------------------------------------------- Copyright (C) 1999 Xenonsoft THE TERMS AND CONDITIONS ========================= BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT INSTALL THE SOFTWARE. (IF APPLICABLE, YOU MAY RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.) IF THE COPY OF THE SOFTWARE YOU RECEIVED WAS ACCOMPANIED BY A PRINTED OR OTHER FORM OF "HARD-COPY" END USER LICENSE AGREEMENT WHOSE TERMS VARY FROM THIS AGREEMENT, THEN THE HARD-COPY END USER LICENSE AGREEMENT GOVERNS YOUR USE OF THE SOFTWARE. XENONSOFT PUBLIC SOFTWARE END USER LICENSE `XPeL' AGREEMENT REDISTRIBUTION OF THE SOFTWARE IS PERMITTED AS LONG AS THE CONTENTS OF THE "ORIGINAL" DISTRIBUTION AND THIS ORIGINAL LICENSE ARE SUPPLIED. This Agreement sets forth the terms and conditions of your use of the accompanying Xenonsoft client software product(s) (the "Software"). Any third party software that is provided with the Software with such third party's license agreement (in either electronic or printed form) is included for use at your option. If you choose to use such software, then such use shall be governed by such third party's license and not by this Agreement. THIS AGREEMENTS COVERS OPEN SOURCE SOFTWARE ONLY DEFINITIONS ``Nominee'' means you, group, cooporation or other legal entity considering accepting these terms are as if and when. ``Distribution'' means any form of data transfer accepted by the software development community that results in the software having being replicated. ``Binaries'' and ``Executable'' means software machine code in any other form other than Source code. ``Source code'' constitutes the human readable form of the program or programs that are compiled or interpreted into machine code. ``Programs'' is the synonym interchange with binaries or executables. ``The Software'' constitutes the contents, whether whole or parts, of the verbatim distribution. It is include binaries (or executable) and source code (if supplied). ``License'' means this document. ``Licensor'' means the supplier of the software inclusive of binaries and source codes. In this case the licensor is Xenonsoft. ``Licensee'' means an inviviual, or group, or otherwise legal entity possessing the rights, and complying all with the terms and conditions of, this License or a future License. It is too be noted that ``licensee'' and ``You'' are interchangeable in this document, especially where ``You'' being the Licensee possesses the means, and the power thereof, to exercise a degree ``control'' synonymous with power, whether direct or indirect, or through gross percentage of stocks or shares in the management of a legal entity. This license applies to any software containing a notice, placed by the copyright holder, explicitly stating that it can be distributed under the terms of the Xenonsoft Public End User License Agreement 1.00. Such software is hereby referred as the software. The license is appropriate to people wishing to write applications available "as free software", under the Open Source model, where all (or a highly substantial part) of the source code is available to all users and can be freely modified and redistributed. 1. GRANTS. You are granted the rights under this agreement, provided you agree to any and all conditions of this license. If you accepts this agreement whenever you distribute the Software, or constituent software items that link with the Software. 2. COPYING. You may copy and distribute verbatim copies of the program's source code as you receive it, in any medium, provided that you also conspiciously and appropriately pulish on each copy an appropriate copyright notice and disclaimer of warranty; keep intacts all of the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Software a copy of this License along with the Software. Moreover, you may copy and distribute the package provided the entire package is distributed, with license notices. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 3. MODIFICATIONS. You may make modifications to your copy of the software, or any portion of it, thus forming a work based on the Software, and copy and distribute such modifications or work under the section 2 above, provided you meet all of these requirements: a) You must not alter or remove any copyright notices in the programs. b) You must cause the modified files to carry prominent noices and the date of any change. c) You must acknowledge that there is a non-exclusive right granted to the initial developer of the Software to distribute your modification in future versions of the Software provided such new versions remain available under these terms in addition to any other license(s). 4. MACHINE CODE. Moreover, you may distribute machine-executable forms of the Software or machine-executable forms of modified versions of the Software provided that you meet all of these requirements. a) You must include this license agreement document in the distribution. b) You must duly ensure that all the recipients of the machine-executable forms are also able to receive the complete machine-readable source code to the distributed software, including all or any modifications, without any charge beyond the cost of data transfer customarily used for software interchange. c) You must place prominent notices that the machine-readable source code is available. d) You can, however, distribute the machine-executable code on its own without the machine-readable source code, but you must explicitly provide information to offer to supply, distribute or deliver the machine-readable source code. 5. REDISTRIBUTION. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by distributing the software you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. Each time you redistribute the Program the recipient automatically receives a license from the original licensor to copy or distribute. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 6. COMPILATION. You may use the original Software, or any derivative version of software to compile, link and run application programs or applets legally by you or any other. 7. DEPLOYMENT. You may develop application programs, reusable software components, libraries, and other derivative software items that link with the original or modified versions of the Software. The new software that is created, when being deployed or distributed must meet the following conditions: a) You must duly ensure that the new software and its entire machine-readable source code is publicly available. All receipients should be able to receive and use the complete source code to the items without any charge beyond the costs of data transfer customarily used for software interchange. b) You must duly ensure that the new receipients of the modified Software, which you and/or others have compiled, linked, and during the process of deployment, have copies of this license agreement. You must explicitly license all the receipients of the items to use and redistribute the original and modified items in the Software in both machine-executable and machine-readable source code. All of the receipients, without any any exceptions whatsoever, must be able to do so without any charges, and they must be able to redistribute the Software to anyone they choose. c) Where the software, or its derivate work is distributed with third-party propriety software, and/or works with propriety software you must duly ensure that the software remains "available for free" in the compliance with this license. It is not the intention of this agreement to subsume or interfere with any other third-party propriety licensee(s). This agreement is designed to make sure that the original software and its derivative works, remains available in the free software domain. Where any such third-party software restricts, or expressly forbids the disclosure of source code, reverse engineering, disassembly, decompilation, decryption of that work, then this agreement does not grant the licensor in anyway whatsoever rights to subsume, interfere, or waive that other (third-party) software's license agreement(s). 8. COPYRIGHT. In accepting this agreement by continuous use of the software, unless otherwise stated, you hereby accept that the copyright of the software belongs to the licensor (`Xenonsoft') and to Peter A. Pilgrim. 9. TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in with the licensor (`Xenonsoft') and Peter A. Pilgrim and/or its suppliers. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content. You are not permitted to change the authorship of the software or afford claim of entitlement without invalidating this XPeL. 10. RESERVATIONS. The licensor Xenonsoft (``XeNoN''), in association with Mr. Peter A. Pilgrim, reserves to the right to change this end user license agreement (XPeL). However each modified XPeL version will be given a distinguishing version number. 11. DISCLAIMER OF WARRANTY. The Software is provided on an "AS IS" basis, WITHOUT warranty of any kind, including without limitation the 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 borne by you. Should the Software prove defective in any respect, you and NOT the Licensor or its suppliers assume the entire cost of any service and repair. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. 12. LIMITATION OF LIABILITY. Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall the initial developer, any other contributor, or any distributor of covered code, 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. 13. TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation. 14. TRADEMARKS. All trademarks not belonging to Xenonsoft (`Xenon') are acknowledged and belong to their retrospective entities. Copyright (C) 1999 Xenonsoft, 6 Watford Close, London SW11 4QT ENGLAND