Kurtz and Fernhout: Software Licenses

These are the licenses for Garden with Insight, PlantStudio and StoryHarp.

Garden with Insight License

GNU GENERAL PUBLIC LICENSE

Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc.  
59 Temple Place - Suite 330, Boston, MA  02111-1307, USA

Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

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.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. 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 modifying or distributing the Program (or any work based on the Program), 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.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program 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 by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

Appendix: How to Apply These Terms to Your New Programs

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

one line to give the program's name and an idea of what it does.
Copyright (C) 19yy  name of author

This program is free software; you can redistribute it and/or
modify it under the terms of the GNU General Public License
as published by the Free Software Foundation; either version 2
of the License, or (at your option) any later version.

This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
GNU General Public License for more details.

You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA  02111-1307, USA.

Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

Gnomovision version 69, Copyright (C) 19yy name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details
type `show w'.  This is free software, and you are welcome
to redistribute it under certain conditions; type `show c' 
for details.

The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright
interest in the program `Gnomovision'
(which makes passes at compilers) written 
by James Hacker.

signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice

This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.

PlantStudio Version 2.x Copyright Notice and License Agreement

The PlantStudio software program
(including all documentation and data files) is
Copyright (c) 1998-2001 Cynthia F. Kurtz and Paul D. Fernhout
All Rights Reserved
http://www.kurtz-fernhout.com
PlantStudio is a trademark of Cynthia F. Kurtz and Paul D. Fernhout.

PLEASE READ THIS LICENSE CAREFULLY BEFORE DOWNLOADING OR USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE.

==== Terms
"Publisher" refers to Kurtz-Fernhout Software. "Software" refers to any copy of this software program including all documentation and data files. "Registration Details" are a registration name and code provided by the Publisher in return for payment or other consideration. "Unregistered Software" refers to any copy of Software for which you have not received Registration Details from the Publisher. "Registered Software" refers to any copy of Software for which you have received Registration Details from the Publisher.

==== License
The Software is licensed, not sold, to you by the Publisher for use only under the terms of this License, and the Publisher reserves any rights not expressly granted to you. You own the media on which the Software is recorded or fixed, but the Publisher and its licensors retain ownership of the Software itself.

==== Unregistered Software
The Publisher grants you a one-time temporary license to use the Unregistered Software for a trial period of up to ten (10) hours of total use beginning from the time of first use. For example, you may use the Unregistered Software for one hour per day on ten separate days. If you use the Unregistered Software beyond this evaluation use period, the Software must be registered with the Publisher by paying the required fee. In no event may the Software be used after the ten-hour evaluation use period unless it has been registered with the Publisher. Your license to use the Unregistered Software includes any updates provided during the evaluation use period. However, any such update does not extend your ten-hour evaluation use period.

Use of the Unregistered Software after the ten-hour evaluation use period is in violation of U.S. and international copyright laws.

UNDER NO CIRCUMSTANCES ARE YOU LICENSED TO DISTRIBUTE OR PUBLICLY PRESENT ANY OUTPUT (WITHOUT LIMITATION INCLUDING BITMAPS, SCREEN SHOTS, PRINTOUTS, DATA FILES OR PORTIONS OF DATA FILES, OR DERIVATIVE WORKS THEREOF) CREATED USING THE UNREGISTERED SOFTWARE. As a single exception to this, you may include a small amount of output created using the Unregistered Software as examples in a review of the Software for purposes of demonstrating the Software's capabilities to potential users. After you register the Software, you may then distribute works created by you while using the Unregistered Software.

Provided that you verify and clearly state that you are distributing the Unregistered Software without Registration Details, you are hereby licensed to make as many copies of the Unregistered Software as you wish; give exact copies of the original Unregistered Software to anyone; and distribute the Unregistered Software in its unmodified form via electronic means. You are specifically prohibited from charging, or requesting donations, for any such copies, however made (except the cost of the media and a fair estimate of the costs of computer time or network time directly attributable to the copying); and from distributing the Software with other products (commercial or otherwise) without prior written permission from the Publisher.

==== Registered Software
After registration the Software will be termed Registered Software. The Registered Software may be used by a single person who uses the Registered Software personally on one or more computers, or it may be installed on a single workstation used non-simultaneously by multiple people, but not both. The Software is being "used" when it is loaded into random access memory or installed on a hard disk or other storage device.

You may access the Registered Software through a network, provided that you have obtained individual licenses for the Registered Software covering all workstations that will access the Registered Software through the network. For instance, if eight different workstations will access the Registered Software on the network, each workstation must have its own license, regardless of whether they use the Registered Software at different times or concurrently. The copy of the Software on the network server, if used solely to provide copies of the software to workstations, shall not be considered as being in use.

You may make copies of the Registered Software in machine-readable form solely for your own backup purposes as long as all such copies, along with the original, remain in your possession or control. Additionally, a teacher at a qualified educational institution using a copy of the Registered Software with a class may install a copy of the Registered Software at home for the purpose of preparing materials for that class. A qualified educational institution is a K-12 school, college or university, home schooling environment, community arts or sciences center, adult education center, or technical or vocational school.

Registration of the Software entitles you to use all minor versions of the Software (e.g., versions 1.2, 1.5, 1.9) up to but not including the next major version (e.g., versions 2.0, 3.0, 4.0). For example, if you register the Software version 1.1, you are entitled to use all minor versions of the Software up to but not including major version 2.0.

Notwithstanding any other terms in this License, if the Registered Software is licensed as an upgrade or update, then you may only use the Registered Software to replace previously validly licensed versions of the same Registered Software. You agree that the upgrade or update does not constitute the granting of a second license to the Registered Software (i.e., you may not use the upgrade or update in addition to the Registered Software it is replacing, nor may you transfer the Registered Software which is being replaced to a third party).

You may not transfer Registration Details to any other party without the express permission of the Publisher in writing.

==== Restrictions
The Software contains trade secrets in its human-perceivable form and, to protect them, to the maximum extent permissible by law, YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DECRYPT, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, MERGE, ADAPT, TRANSLATE, SUB-LICENSE, RENT, LEASE, LOAN, OR ASSIGN THE SOFTWARE OR ANY DERIVATION OR ANY PART THEREOF. YOU MAY NOT CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. As a single exception, you may modify the provided examples as part of your use of the Software.

==== Support Services
The Publisher may provide you with Support Services related to the Software at its discretion. Use of Support Services is governed by the Publisher's policies and programs described in the Software's documentation, and/or in other Publisher-provided materials. Any supplemental information provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this License. With respect to technical information, ideas, or suggestions you provide to the Publisher regarding the Software, whether or not solicited by the Publisher, you grant that the Publisher may use such information for its business purposes, including for product support and development, on a worldwide, perpetual, non-revocable, assignable, royalty-free basis. The Publisher will not utilize such information in a form that personally identifies you without your permission.

==== Export Law Assurances
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported to (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Department of Commerce's Table of Denial Orders. By using the Software you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

==== Disclaimer of Warranty
The Software is provided "AS IS" and without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLISHER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

THE PUBLISHER DOES NOT WARRANT THAT THE SOFTWARE IS FIT FOR THE PURPOSE FOR WHICH YOU INTEND TO USE IT, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, THE PUBLISHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE PUBLISHER OR AN AUTHORISED REPRESENTATIVE OF THE PUBLISHER SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Particular attention is brought to the purpose of the evaluation period, which is for you to determine fitness for purpose prior to paying the registration fee.

==== Limitation of Liability
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Software.

In no event will the Publisher, its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if the Publisher or a Publisher's representative has been advised of the possibility of such damage. THE PUBLISHER'S LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE MONEY PAID FOR THE SOFTWARE THAT CAUSED THE DAMAGES.

THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

==== Use with Third-Party Software
The Software may interoperate with other third party software such as without limitation MetaCreations Painter or Paint Shop Pro. THE PUBLISHER MAKES NO REPRESENTATIONS AS TO THE FITNESS OF SUCH THIRD PARTY SOFTWARE FOR ANY TASK OR THAT IT WILL INTEROPERATE AS EXPECTED. Any use of such third party software is governed by its respective license which may impose additional restrictions on its use.

==== Termination
This License is effective until terminated. This License will terminate immediately without notice from the Publisher or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, Registration Details, all accompanying written materials and all copies thereof. The Disclaimer of Warranty and Limitation of Liability described here will survive any termination.

==== Complete Agreement
This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by the Publisher.

==== Governing Law
This License will be construed under the laws of the State of New York in the USA.

==== Government Use
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the 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 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Kurtz-Fernhout Software; see our web site at http://www.kurtz-fernhout.com for any updates to contact information.

==== General
If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. The paragraph titles in this License are for reference only and do not constitute part of the License.

All trademarks are the property of their respective owners.

StoryHarp Version 1.x Copyright Notice and License Agreement

The StoryHarp software program
(including all documentation and data files) is
Copyright (c) 1998, 99 Paul D. Fernhout and Cynthia F. Kurtz
All Rights Reserved
http://www.kurtz-fernhout.com
StoryHarp is a trademark of Paul D. Fernhout and Cynthia F. Kurtz.

==== Unregistered Software
The Publisher grants you a one-time temporary license to use the Unregistered Software for a trial period of up to twenty four (24) hours of total use beginning from the time of first use. For example, you may use the Unregistered Software for two hours per day on twelve separate days. If you use the Unregistered Software beyond this evaluation use period, the Software must be registered with the Publisher by paying the required fee. In no event may the Software be used after the 24 hour evaluation use period unless it has been registered with the Publisher. Your license to use the Unregistered Software includes any updates provided during the evaluation use period. However, any such update does not extend your 24-hour evaluation use period.

As a single exception to the 24-hour evaluation use limitation, you may use StoryHarp in Player-only mode indefinitely without registering it. Use of StoryHarp in Player-only mode does not count towards the 24-hour evaluation use period.

Use of the Unregistered Software other than in Player-only mode after the 24-hour evaluation use period is in violation of U.S. and international copyright laws.

UNDER NO CIRCUMSTANCES ARE YOU LICENSED TO DISTRIBUTE OR PUBLICLY PRESENT ANY OUTPUT (WITHOUT LIMITATION INCLUDING BITMAPS, SCREEN SHOTS, PRINTOUTS, TRANSCRIPTS, SOUNDS, MUSIC, DATA FILES, OR DERIVATIVE WORKS THEREOF) CREATED USING THE UNREGISTERED SOFTWARE IN OTHER THAN PLAYER-ONLY MODE. As a single exception to this, you may include a small amount of output created using the Unregistered Software as examples in a review of the Software for purposes of demonstrating the Software's capabilities to potential users. After you register the Software, you may then distribute works created by you while using the Unregistered Software.

You may access the Registered Software through a network, provided that you have obtained individual licenses for the Registered Software covering all workstations that will access the Registered Software through the network. For instance, if 8 different workstations will access the Registered Software on the network, each workstation must have its own license, regardless of whether they use the Registered Software at different times or concurrently. The copy of the Software on the network server, if used solely to provide copies of the software to workstations, shall not be considered as being in use.

You may make copies of the Registered Software in machine readable form solely for your own backup purposes as long as all such copies, along with the original, remain in your possession or control. Additionally, a teacher at a qualified educational institution using a copy of the Registered Software with a class may install a copy of the Registered Software at home for the purpose of preparing materials for that class. A qualified educational institution is a K-12 school, college or university, home schooling environment, community arts or sciences center, adult education center, or technical or vocational school.

You may not transfer Registration Details to any other party without the express permission of the Publisher in writing.

==== Restrictions
The Software contains trade secrets in its human perceivable form and, to protect them, to the maximum extent permissible by law, YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DECRYPT, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, MERGE, ADAPT, TRANSLATE, SUB-LICENSE, RENT, LEASE, LOAN, OR ASSIGN THE SOFTWARE OR ANY DERIVATION OR ANY PART THEREOF. YOU MAY NOT CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. As a single exception, you may modify the provided examples as part of your use of the Software.

==== Use with Third-Party Software
The Software may interoperate with other third party software such as without limitation Microsoft Agent. THE PUBLISHER MAKES NO REPRESENTATIONS AS TO THE FITNESS OF SUCH THIRD PARTY SOFTWARE FOR ANY TASK OR THAT IT WILL INTEROPERATE AS EXPECTED. Any use of such third party software is governed by its respective license which may impose additional restrictions on its use.

==== Governing Law
This License will be construed under the laws of the State of New York in the USA.

All trademarks are the property of their respective owners.