W3Olista License

This is the license agreement for W3Olista. It is based on the GNU General Public License, with an extension for commercial usage. I believe W3Olista is a useful tool that has cost me some efforts to develop, and I want to offer you fair license terms. Whatever happens, I trust you to be honest in respecting these terms, and do not try to take advantage if I should run into minor contradictions, or if I should forget to cover any details.

As I said, these terms are built upon the GNU General Public License, so please read the original GPL before continuing. My extensions are not intended to restrict your rights, but they shall make sure that I, the author, get a piece of cake if you should turn W3Olista or its output into money.

With the installation of W3Olista, you agree to these terms.

Additions to the GPL

Here are the additions to the GPL license. There are separate sections for non-profit usage, commercial usage, and resale of the software.

Non-Profit Usage

This applies if you use W3Olista for private purposes on non-commercial hosts, within educational institutions, for the purpose of distribution at a fee no greater than for the physical act of transferring a copy; as long as this license remains intact, of course.

In this case, the GPL applies.

My only request is that you tell me if you are using W3Olista, whether you like it or not, and if you make your statistics publicly available, I'd like to have the URL (I won't publish your URLs unless you allow me to do so). Of course, donations are always accepted, and I would be happy to receive some postcards.

Commercial Usage

This applies if you install W3Olista on a machine used within a commercial organization, or to analyze logs from a Web server that provides commercial information, whether they are externally visible or not. In this case, W3Olista earns you money, either directly or indirectly; or it might prevent you to spend money, like programming such an utility on your own.

For you, a concept similar to shareware is used. You may install it on a single host for evaluation purposes. If it proves useful and you decide to use it for more than the evaluation period of 30 days, you are requested to pay a registration fee of US$50. With W3Olista, you only need to register once; you will be entitled to legitimately use future versions of W3Olista under the future version's license terms.

If you choose not to use W3Olista, you must delete it before the 30 days run out; this way, you haven't lost anything. You can always re-get the newest version of the software for further evaluation. In fact, this allows you to continuously stay in the evaluation phase, but I hope you are honest and pay your share sooner or later.

Each registration is valid for a single Web Server, if this server migrates, so does the license. On the particular host this server is running on, you may analyze logs from other servers running on the same host as well. If you installed the software, and make its result publicly available, then I would also like to have the URL of these pages. They will be used only for statistical purposes; I will not publish them unless you allow me to do so.

Note that this payment doesn't change the no-warranty status of the software. Instead, you have the 30 days, in which you can freely decide wheter the software satisfies your needs or not.

Reselling W3Olista to Third Parties

This section does not apply to distribution of W3Olista's sourcecode on CD-ROMs or discs along with other free software; this kind of distribution is covered by the GPL and is not restricted any further. Instead, this section describes the terms if you want to install W3Olista on third-party machines, maybe along with a WWW server you have installed there. This section will allow you to process the third-party registration yourself, so that the third party may legitimately use its copy of W3Olista without having to pay me.

Of course, you also have the possibility to pass W3Olista's sourcecode to the third party, but then you must advise them that they are running a shareware program, and that they must respect these license terms, in particular the section about installation on commercial sites above.

If you choose to install W3Olista at a fee, then

You must advise the third party that the software is basically free. You must either provide them with the sourcecode, or offer the sourcecode at a fee no greater than your costs of physically creating the copy.
You must give the third party the same rights as you have. You must tell them that this license exists.
If you made custom changes to the sourcecode, you can choose not to disclose these changes to the third party. If you do pass to them a changed version of the source code, each modification must carry a prominent notice that these changes were not part of the original distribution and may not be distributed. Because this is a restriction to the rights of the third party, you must in addition offer the original, unmodified source distribution as described above.
With your installation of the software, you assume warranty towards the third party; you will be made responsible for software failures and must offer to return the full installation fee if W3Olista, for any reason, does not work properly on the third-party machine. In no case will I, the author, assume responsibility for malfunctioning of the software. This warranty of yours must last for at least 90 days, beginning with the installation. If you refuse to provide this warranty, then you may not install W3Olista, but can only advise the third party of the existence of this software and the conditions above. No charge may be taken for this advice.
For each installation, a payment of US$30, or 10% of your charges to install W3Olista, whichever is more, must be given to the author. One 'installation' is defined as above; one installation runs on a single host, may span multiple logical servers and migrate with the server to a different host.
This payment entitles the third party to use all new releases of the software without having to register again. But if you install any update on the third-party hardware, and charge a fee for this update, then you must pay another US$30, or 10% of your charges for the update, whichever is more, to the author.

The sale of installations of W3Olista automatically frees yourself of the registration fee, so that you can freely test the software inside your organization before selling it.

You want W3Olista, but don't know how to Install?

In this case, you can hire me for installation. All I need is ftp and telnet access to your machine and the password for the root account. Don't worry, I won't crash your machine, nor will I publicise the passwords. I will charge you US$150 for the complete procedure (this includes the registration fee). If I find that installation on your machine is not possible, if the telnet connection is unworkably slow, or if there is any other problem that prevents me from correctly installing the software (and I will let you decide whether the software is correctly installed), I won't charge anything.

You want me to implement some Custom Features?

Make a reasonable offer! But I will refuse to develop features on a non-disclosure agreement. You must allow me to distribute these additional features in future releases of the software under the terms of this license. This doesn't apply to features specific to your site and non-applicable elsewhere.

Conclusion

These are the license terms for W3Olista. I believe they are acceptable, and the fees are reasonable. Of course, donations higher than the values mentioned are gladly accepted. I am also open to receive hardware as a replacement for money (although I won't be your junkyard for prehistoric hardware). Please recognize that the concept of shareware depends on the honestness of shareware users. If software doesn't generate any income, future development is unlikely.

One Exception

There is one exception to the license terms above. The functions to process CGI input in the modules getcgi.c, toolbox.c, getcgi.h and toolbox.h are distributed under the unmodified terms of the GNU GPL.

Frank Pilhofer <fp -AT- fpx.de> Back to the Homepage

Last modified: Tue Apr 11 12:17:27 1995