General Preamble: ----------------- Allegro CL 3.0 Web Version for Windows (the "Web Version") is not shareware, it is freeware subject to certain restrictions, and published as a community service. Giving the Web Version away for free encourages more people to use it, and encourages the use of Dynamic Object Oriented Programming. Feel free to disseminate the complete unmodified Web Version release package as widely as possible. Give it to all your friends. You may post it on any web site or electronic bulletin board. However, do not distribute a modified version of the Web Version under the name "Allegro CL 3.0 Web Version for Windows" (or any other similar name as determined by Franz) without first getting permission from Franz. Please respect this restriction. The Web Version's reputation for quality depends on maintaining strict quality control on the Web Version's operation, look and feel. Beyond that, ad hoc "improvements" to the Web Version can affect interoperability, which creates user confusion and compatibility problems that could damage the Web Version's (and Franz') reputation and undermine the good will earned by the Web Version trademark. If you want to turn the Web Version into a commercial product and make money selling it, then we must agree on a way for Franz to also make money on it. Thus, all commercial uses of the Web Version are strictly prohibited without Franz consent. For example, the Franz license forbids you to use the Web Version to provide services or products to others for which you are compensated in any manner (see the license for full details of these and other commercial restrictions) Therefore, if you want to use it in a commercial or governmental setting, please contact VAR Sales at Franz Inc. Attn: Var Sales 1995 University Ave Berkeley, CA 94704 510 548 3600 510 548 8253 (fax) info@franz.com http://www.franz.com/ It is important that you read carefully and agree to the provisions of the attached license agreement. These provisions detail the obligations imposed on you for using, modifying, copying and distributing the Web Version. Copyright and Trademark Notices: -------------------------------- Allegro CL 3.0 Web Version for Windows is (c) Copyright Franz Inc. 1990-1996. All rights reserved. The on-line documentation and all computers files are also copyright Franz Inc. 1990-1996. All rights reserved. These rights include but are not limited to any foreign language translations of the manual or the software, and all derivative works of both. The trademarks Allegro CL, Allegro CL for Windows, Allegro CL 3.0 Web Version for Windows are the property of Franz Inc. ("Franz"). All other trademarks are the property of their respective owners. General License --------------- Franz Inc. 1995 University Ave., #275 Berkeley, CA 94704 info@franz.com http://www.franz.com/ 510 548 3600 (phone) 510 548 8253 (fax) ATTENTION: READ CAREFULLY! By using, copying, modifying or distributing the accompanying software you indicate your acceptance of the following Franz End User License Agreement. FRANZ END USER LICENSE AGREEMENT - 10-12-95 Product: Allegro CL 3.0 Web Version for Windows 1. LICENSE. Franz Inc. ("Franz") hereby grants you (each licensee is addressed as "you") a non-exclusive, transferable license to use its accompanying software product known as "Allegro CL 3.0 Web Version for Windows" and accompanying documentation (the program's object code, accompanying source code [if any] provided by Franz, and documentation are collectively referred to as the "Software") on the following terms and only for non-commercial purposes (see Section 2 below). You may: a. use the Software on any computer in your possession; b. make copies of the Software, c. distribute the Software only in the form originally furnished by Franz with no modifications or additions whatsoever. If you have the slightest doubt that your copy of the Software is not original, you must contact Franz for an original copy. You may, however, distribute additional programming code in source form only, and related documentation (e.g., LISP application programs or code that alters the operation of the Software) ("Additional Files") together with the Software, provided that each Additional File must be stored in a file separate from the Software, separately identified as required by Section 2.c. below. YOU MAY NOT MODIFY OR OTHERWISE PREPARE DERIVATIVE WORKS OF THE SOFTWARE. 2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject to the following restrictions: a. The Software is to be used only for non-commercial purposes unless you obtain Franz's prior written consent otherwise. Prohibited commercial purposes include, but are not limited to: (i) licensing or renting the Software to third parties for a fee (whether direct or indirect); (ii) using the Software to provide services or products to others for which you are compensated in any manner, including without limitation, support or maintenance for the Software; (iii) using, distributing, modifying, and copying the Software within a government environment; or (iv) using the Software in any manner that is generally competitive with a Franz product as defined by Franz. However, media costs associated with the distribution of the Software may be recovered; and the use, modification, distribution, or duplication of the Software by universities or other educational institutions solely for research or educational purposes shall not be considered a commercial use provided such institutions comply with the provisions of this Agreement. You shall use your best effort to promptly notify Franz upon learning of any violation of the above commercial restrictions. b. On each copy of the Software you must conspicuously and appropriately reproduce Franz's copyright notices (see Software for examples of such notices) and disclaimer of warranty; keep intact this Agreement and all notices that refer to this Agreement or any absence of warranty (whether written or interactively displayed); and give any other recipients of the Software a copy of this Agreement. c. You may not modify or otherwise prepare derivative works of the Software. You may, however, distribute additional programming code in source form only, and related documentation (e.g., LISP application programs or code that alters the operation of the Software) ("Additional Files") together with the Software, provided that each Additional File must be stored in a file separate from the Software. Each Additional File must carry prominent and conspicuous notices stating the date of its creation, and the name, street address, telephone number, and electronic mail address of the person responsible for their creation. d. In order to preserve the value of the Franz name and/or any trademarks, service marks, trade dress adopted and/or used by Franz from time to time, you shall not make use of any of them for any reason (e.g., with respect to an Additional File, in advertising, marketing your own products, press releases, or other publicity) except solely as may be expressly authorized by this Agreement or by the prior written consent of Franz. e. Franz, in its sole and absolute discretion, may have included a portion of the source code or online documentation of the Software. Except for any such portions, you shall not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM, except to the extent this restriction is prohibited by applicable law. 3. DISTRIBUTION: As used in this Agreement, the term "distribute" (and its variants) includes making the Software available (either intentionally or unintentionally) to third parties for copying or use, including providing timeshare access. Each time you distribute the Software, the recipient automatically receives this license to use, copy, distribute or modify the Software subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance with this Agreement by recipients. 4. TITLE. Title, ownership rights, and intellectual property rights in and to the Software, and each copy thereof, (including all copyrights therein) shall remain in Franz. The Software is protected by the copyright laws of the United States and international copyright treaties. 5. NO FRANZ OBLIGATION. You are solely responsible for all of your costs and expenses incurred in connection with the distribution of the Software, and Franz shall have no liability, obligation or responsibility therefor. Franz shall have no obligation to provide maintenance, support, upgrades or new releases to you or to any distributee of the Software. 6. NO WARRANTY. BECAUSE THE SOFTWARE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE SOFTWARE. FRANZ PROVIDES THE SOFTWARE "AS IS," AND FRANZ, ITS DISTRIBUTORS AND SUPPLIERS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE, DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU AND YOUR DISTRIBUTEES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT FRANZ) ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FRANZ MAKES NO WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. 7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL FRANZ, ITS DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATIONS, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF FRANZ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 8. INDEMNIFICATION. You and your distributees shall defend, indemnify and hold harmless Franz, its distributors and suppliers, and all other persons who have been involved in the creation, production, or delivery of the Software, from any claim, demand, liability, damage award, suit, judgment, or other legal action (including reasonable attorney's fees) arising out of your use, distribution, modification, or duplication of the Software or Additional Files. 9. TERMINATION. The license granted hereunder is effective until terminated or until Jan. 1, 1998, whichever comes first. You may terminate it at any time by destroying the Software. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software. The termination of your license will not result in the termination of the licenses of any distributees who have received rights to the Software through you so long as they are in compliance with the provisions of this Agreement. 10. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country in violation of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country. 11. U. S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the United States. 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 and in similar clauses in the NASA FAR supplement, or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Franz Inc., 1995 University Ave., #275, Berkeley, CA 94704. 12. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may not be amended. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other provisions shall be unaffected and remain enforceable. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California, except as governed by U.S. federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Address all correspondence regarding this license to: Franz Inc. Attn: Legal Department 1995 University Ave., #275 Berkeley, CA 94704 510-548-3600 510-548-8253 (fax) ATTENTION: READ CAREFULLY! By using, copying, modifying or distributing the accompanying software you indicate your acceptance of the above Franz End User License Agreement.