This document contains MacHTTP's Terms and Conditions of Use, followed by the MacHTTP single CPU software license. Individuals or organizations interested in obtaining site licenses should follow the directions in the "Ordering Info" file. The "Ordering Info" file also contains information for ALL MacHTTP users on how to register MacHTTP. (I apologize for the length of the terms and conditions and the license, but it keeps the lawyers happy!) ________________________________________________________ MacHTTP Terms and Conditions of Use 1. Distribution of MacHTTP. MacHTTP Software, documentation, data, and license agreement are distributed by the Author in an archive or floppy disk (the archive) comprising the complete MacHTTP distribution. You are authorized to redistribute this unmodified archive for evaluation purposes only. Extracting the MacHTTP Software and/or data from the archive constitute acceptance of the license agreement. 2. Evaluation of MacHTTP. You are granted a period of 30 days from the receipt of the MacHTTP Software and data to evaluate MacHTTP. During this time, you may use the MacHTTP software to establish a World Wide Web service. During the evaluation period, you may not use the MacHTTP software to distribute information via the World Wide Web for profit or gain. At the end of the 30 day evaluation period, you must agree to the MacHTTP License Agreement and purchase the MacHTTP Software license from the author, or destroy all copies of MacHTTP Software and data. 3. Use of MacHTTP Software. Use of the Software is covered by the terms within the license agreement. Portions of the Software that are copyrighted by Apple Computer, Inc., including but not limited to AppleScript runtime support software, are for use with MacHTTP Software and data only, and may not be copied or used separately. 4. Individual, Educational, Commercial, and Government User License Costs. MacHTTP Software, documentation, and data must be licensed from the Author or an authorized representative of the Author. Federal, state, and local government entities, commercial organizations, educational institutions, and individuals may license MacHTTP Software and data at the rates specified in the "Ordering Info" file. This rate schedule includes any organizations that intend to use MacHTTP for activities that generate a profit from the direct or indirect use of MacHTTP to serve information on an internal corporate, government, or educational network or via public networks such as the Internet. A Single CPU license allows the user to install and use MacHTTP Software and data on one computer. 5. Support and Upgrades. All support for MacHTTP will be provided via electronic mail or U.S. Mail with the Author, StarNine Web page, UseNet, or the MacHTTP Home Page on the World Wide Web. This license will entitle the registered owner of MacHTTP Software to obtain updates to MacHTTP Software for a period not less than 1 year from the date the license is assigned. This update period may be extended on a yearly basis after the initial period has expired for an annual support fee not to exceed 20% of the original license fee per year. ________________________________________________________ MacHTTP Software License Agreement Copyright 1994, Charles T. Shotton, Jr. PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE MACHTTP SOFTWARE. BY DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO DOWNLOAD, INSTALL, AND/OR USE THIS SOFTWARE. 1. License. The MacHTTP application, demonstration, system, and other software accompanying this License, whether on disk, in read only memory, or on any other media or networked storage device (the "MacHTTP Software"), the related documentation and data (the ÒdataÓ) are licensed to you by StarNine Technologies, Inc. (the ÒAuthorÓ). You own the disk on which the MacHTTP Software and data are recorded but the Author and/or the AuthorÕs Licensor(s) retain title to the MacHTTP Software, related documentation and data. This License allows you to install and use the MacHTTP Software and data on a single computer and make one copy of the MacHTTP Software and data in machine-readable form for backup purposes only. You must reproduce on such copy the AuthorÕs copyright notice and any other proprietary legends that were on the original copy of the MacHTTP Software and data. You may also transfer all your license rights in the MacHTTP Software and data, the backup copy of the MacHTTP Software and data, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License. 2. Restrictions. The MacHTTP Software and data contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the MacHTTP Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the MacHTTP Software in whole or in part. You may not electronically transmit the licensed MacHTTP Software from one computer to another or over a network. 3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the MacHTTP Software, related documentation and data and all copies thereof. This License will terminate immediately without notice from the Author if you fail to comply with any provision of this License. Upon termination you must destroy the MacHTTP Software, related documentation and data and all copies thereof. 4. Export Law Assurances. You agree and certify that neither the MacHTTP Software nor any other technical data received from the Author, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the MacHTTP Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the MacHTTP Software nor any other technical data received from the Author, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the MacHTTP Software. 5. Government End Users. If you are acquiring the MacHTTP Software and data on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the MacHTTP Software and data are supplied to the Department of Defense (DoD), the MacHTTP Software and data are classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the MacHTTP Software, its documentation and data as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the MacHTTP Software and data are supplied to any unit or agency of t United States Government other than DoD, the Government's rights in the MacHTTP Software, its documentation and data will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR. 6. Disclaimer of Warranty on MacHTTP Software. You expressly acknowledge and agree that use of the MacHTTP Software and data is at your sole risk The MacHTTP Software, related documentation and data are provided AS IS and without warranty of any kind and the Author and the Author's Licensor(s) (for the purposes of provisions 6 and 7, the Author and the Author's Licensor(s) shall be collectively referred to as "the Author") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MACHTTP SOFTWARE WILL MEET YOUR REQUIREMENTS,OR THAT THE OPERATION OF THE MACHTTP SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MACHTTP SOFTWARE AND THE DATA WILL BE CORRECTED. FURTHERMORE, THE AUTHOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MACHTTP SOFTWARE AND DATA OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE AUTHOR OR A REPRESENTATIVE AUTHORIZED BY THE AUTHOR SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE MACHTTP SOFTWARE PROVE DEFECTIVE, YOU (AND NOT THE AUTHOR OR A REPRESENTATIVE AUTHORIZED BY THE AUTHOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL THE AUTHOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE MACHTTP SOFTWARE OR RELATED DOCUMENTATION AND DATA, EVEN IF THE AUTHOR OR AN AUTHORIZED REPRESENTATIVE OF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall The AuthorÕs total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the MacHTTP Software and data. 8. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of Texas, as applied to agreements entered into and to be performed entirely within Texas between Texas residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. 9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the MacHTTP Software, related documentation and data, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by the Author or a duly authorized representative of the Author.