KonTechs Freeware License Agreement (License, Copyright and Terms of Use)


ATTENTION: READ CAREFULLY: By using, copying, or distributing the
accompanying software you indicate your acceptance of the following
Freeware License Agreement ("Agreement").


PREAMBLE

This License Agreement is based on the C.A.P.S. Freeware License Agreement,
which can be found at http://www.caps-project.org
It is a semi-free license and forbids any selling of this software.
You cannot charge to give it to somebody, not even for media costs.
You cannot have it on a CDROM that is distributed for payment.
You cannot use it as part of providing a service that receives payment
in any form.
Reverse engineering is tolerated but discouraged. KonTechs intends to
open source any discontinued products.


1. LICENSE. The Martin & Robert Konrad Emulation and Gaming Technologies
   GbR ("KonTechs") hereby grants you (each licensee is addressed as
   "you") a non-exclusive, transferable license to use the Technology
   on the following terms and only for non-profit purposes (see Section
   3 below). You may:

   a. use the Technology on any computer in your possession;

   b. make copies of the Technology; and

   c. distribute the Technology (subject to the requirements of Section
   3 and 4) only in the form originally furnished by KonTechs with no
   modifications whatsoever. However, the Technology may be distributed
   as part of another software product provided that the particular
   distribution that contains the Technology is provided for non-profit
   purposes as defined in Section 3 below. Making or distributing any
   for-profit distributions, versions, revisions or releases of said
   software product that contains the Technology is prohibited.
   

2. LIMITATIONS ON LICENSE. The license granted in Section 2 is subject
   to the following restrictions:

   a. The Technology is to be used only for non-profit purposes unless
   you obtain prior written consent from KonTechs. Prohibited for-profit
   and commercial purposes include, but are not limited to:

     (i) Selling, licensing or renting the Technology to third parties
     for a fee (by payment of money or otherwise, whether direct or
     indirect);

     (ii) Using the Technology to provide services or products to others
     for which you are compensated in any manner (by payment of money
     or otherwise, whether direct or indirect), including, without
     limitation, providing support or maintenance for the Technology;

     (iii) Distribution or use from which any form of income is received
     regardless of profits therefrom, or from which any revenue or
     promotional value is received, as well as any distribution to or
     use in a corporate environment.  Use of the Technology to promote
     or support a commercial venture is included in this restriction.

   b. Media costs associated with the distribution of the Technology may
   not be recovered. You shall use your best efforts to promptly notify
   KonTechs upon learning of any violation of the above commercial
   restrictions.

   c. On each copy of the Technology you must conspicuously and
   appropriately reproduce this license, copyright notice, 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 Technology a copy of this Agreement.

   d. Commercial software (as defined in this section 3) may not
   contain any part of the Technology.
   
   e. No distribution may include the totality or part of the
   Technology (including the Content encapsulated by the technology),
   changed, unchanged, encrypted, archived, in whatever form, unless
   according to the Licence or special agreement with KonTechs. This
   Technology, including Content must never be found on any paid-for
   medium.


3. DISTRIBUTION: As used in this Agreement, the term "distribute" (and
   its variants) includes making the Technology available (either
   intentionally or unintentionally) to third parties for copying or
   use, including providing timeshare access. Each time you distribute
   the Technology, the recipient must expressly agree to comply with
   these terms and conditions.  The recipient automatically receives
   this license to use, copy, or distribute the Technology 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 Technology, and each copy thereof (including all
   copyrights therein), shall remain KonTechs'. The Technology is
   protected by international copyright treaties.


5. NO OBLIGATION for KonTechs. You are solely responsible for all of your
   costs and expenses incurred in connection with the distribution of
   the Technology, and KonTechs shall have no liability, obligation or
   responsibility therefor. KonTechs shall have no obligation to
   provide maintenance, support, upgrades or new releases to you or
   to any distributee of the Technology.
   

6. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS
   NO WARRANTY FOR THE TECHNOLOGY. KONTECHS PROVIDES THE TECHNOLOGY
   "AS IS," AND KONTECHS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED
   IN THE CREATION, PRODUCTION, OR DELIVERY OF THE TECHNOLOGY, DISCLAIM
   ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED,
   STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY
   CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
   QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
   THE RESULTS, QUALITY AND PERFORMANCE OF THE TECHNOLOGY IS WITH YOU
   AND YOUR DISTRIBUTEES. SHOULD THE TECHNOLOGY PROVE DEFECTIVE, YOU
   AND YOUR DISTRIBUTEES (AND NOT KONTECHS) ASSUME THE COST OF ALL
   NECESSARY SERVICING, REPAIR OR CORRECTION. KONTECHS 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 KONTECHS, OR ANY OTHER
   PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR
   DELIVERY OF THE TECHNOLOGY 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 OF OR INABILITY TO USE THE TECHNOLOGY, INCLUDING BUT NOT
   LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT
   FROM THE TECHNOLOGY OR DATA BEING RENDERED INACCURATE, FAILURE OF
   THE TECHNOLOGY 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
   KONTECHS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.


8. INDEMNIFICATION. You and your distributees shall defend, indemnify
   and hold harmless KonTechs, and all other persons who have been
   involved in the creation, production, or delivery of the Technology,
   from any claim, demand, liability, damage award, suit, judgement, or
   other legal action (including reasonable attorney's fees) arising
   out of your use, distribution, modification, or duplication of the
   Technology.


9.  TERMINATION. The license granted hereunder is effective until
    terminated by KonTechs. You may terminate it at any time by
    destroying the Technology. This license will terminate automatically
    if you fail to comply with the limitations described above. On
    termination, you must destroy all copies of the Technology. The
    termination of your license will not result in the termination of
    the licenses of any distributees who have received rights to the
    Technology through you so long as they are in compliance with the
    provisions of this Agreement.


10. 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, this Agreement shall terminate.

    The most current version of this license is kept on KonTechs'
    web site. Due notice shall be given if ever the license changes,
    then all versions of the Technology will be constrained by the
    newer license.
    
    Anything else not covered by this agreement must be agreed with
    us before any action can be taken by any party.

    Address all correspondence regarding this license to:

    KonTechs
    license@kontechs.de


Copyright and Trademark Notices:
--------------------------------
The Technology is Copyright (c) KonTechs 2004. All rights reserved.
The documentation and all computer files are also Copyright
(c) KonTechs 2004. All rights reserved. These rights include but are
not limited to any foreign language translations of the documentation
or the Technology, and all derivative works of both. All other
trademarks are the property of their respective owners.


KonTechs
Martin & Robert Konrad Emulation & Gaming Technologies GbR
http://kontechs.de
