ATTENTION:
The following licence applies to the free releases only.

The licence conditions of the commercial and/or full versions are set forth in a separate document, which is available from eXept.

You may only install and use Smalltalk/X if you accept the terms of the following software licence agreement.
If you do not agree with those terms, please remove all copies of the program and support files from your system and contact eXept.

Free Smalltalk/X Software Licence Agreement

Exept Software AG
Talstr. 3
74321 Bietigheim-Bissingen
Germany
Tel.: +49-7142-91948-0
Fax: +49-7142-91948-44
Email: info@exept.de

§ 1 DEFINITIONS

(1)

"Licensor" means Claus Gittinger and eXept Software AG.

(2)

"Program" means the licensor software product "Smalltalk/X" ("ST/X") covered by this agreement. It consists of all parts contained in this free distribution package i.e. the sources, documentation and the executable programs themself. Notice that the program is also distributed in a non-free, commercial version, which includes additional packages and features and for which a different licence agreement applies.

§ 2 LICENSE

(1)

The program may be used without license fees for private and commercial purposes with the following restrictions:

(1.1)

In addition to any pending export regulations, as valid at any place and time, we do NOT allow without explicit written permission, for this software to be used in, or exported or re-exported to, any of the following countries:

• Afghanistan,
  
• North Korea,
  
• Iran,
  
• Iraq,
  
• Libya,
  
• Sudan,
  
• Syria
  

• persons or entities which support any terroristic activity either directly or indirectly,
• persons or entity which are involved with missile technology, land mines or nuclear, chemical or biological weapons, or individuals, corporations and organisations which trade with any of the above.

Notice, that the above are not necessarily the official export regulations, which will be valid and apply in addition to the above.

(1.2)

We also exclude the right for a licence free use and trade of this software from the the following organisations and corporations:

• Monsanto (especially, but not exclusively, for their patents on living animals)
  
• CIA and any other intelligence organisations
  
• Blackwater and other commercial killing/soldier/warfare organisations
  
• Any religious or political organization or members thereof, which do not accept, follow or conform to United Nations human rights conventions, or which support any such organisation.
  

These are our own additional restricting rules. Even if official export regulations do change in the future, we reserve the right to keep/change/extent our own and deny delivery into any country, organisation or individual which we believe should not be supported directly or indirectly by our work.

We keep the right to extent the above list for any country, corporation or organisation, which does not honor a (what we consider as being a) minimal set of human rights.

If you are uncertain whether these apply to your particular corporation or intended use, please contact eXept and/or ask for a non-free licence.

If you do not like these restrictions, feel free to write your own Smalltalk, buy our or another commercial version, or program in Java, C# or any other environment.
But please do not ask for or use our *free* one.

(2)

The program may not in whole or parts be sold or otherwise be made available to any third party or person for profit.
You may NOT charge or otherwise ask for any donations for this distribution, except for the cost of the media itself.

(3)

You may copy and redistribute this package, or make it otherwise available to other users, provided that each copy represents an exact reproduction of the original and includes any copyright notice and licence information, appearing on the original and that the other user agrees to the terms and conditions of this agreement.

(4)

The program and all copies of the program (but not the media on which the copies are encoded) shall be and remain the property of the licensor.

§ 3 LICENSORS RIGHTS

(1)

You must use your best efforts to prevent any unauthorized use (as stated above).

(2)

This program contains confidential, unpublished information, protected by copyright, trade secret and trademark laws. You may not remove or alter the licensors ownership and copyright notices embedded in the files or on the media.

• You are not allowed to remove any of the original copyright notices.
• You are not allowed to remove eXept's or Claus Gittinger's name from any documentation.
  
• You are not allowed to change the eXept logo or the ST/X logo in either the documentation or the program (eg. icons).
• You are not allowed to pretent that this software has been written by anyone else or is owned by anyone else than eXept Software AG and Claus Gittinger.

• Every changed file must be marked as being changed, by adding some informational text to either the very beginning or the end. In case of a changed Smalltalk class, such information must be added to the classes documentation method. The added text must contain at least the following:
  this is derived from file XXXX from the ST/X distribution VVV (4.x.y);
  change by: whoDidIt date: DD.MM.YYYY
  

(3)

You are not allowed to resell the ST/X development environment.

Any product or application based on ST/X must not be bundled with the ST/X system in a form which makes it unclear, which parts of the system are original and which have been added or modified. Instead, the product or application must consist of a number of add-on packages (i.e. binary or source files or patches) which can be installed/loaded/compiled into an original ST/X system.

If a modified ST/X system is required for the application, any such modifications or bug fixes of the original system must be made available to the end user and to eXept upon request, and your documentation (either shown by the program or by providing additional information files) must make clear, where those modifications were made.

You are allowed to deliver your application in a way which makes this physical separation transparent to the end-user (by providing an installation procedure which installs both the ST/X components and the added application components), but you are required to separate the application package in a way which allows for it to be loaded or executed using another ST/X system.

You are allowed to create shrink-wrapped end user applications, which are delivered in binary form if the following conditions are met:
Upon request, you shall make available (or at least provide information on how to get) the original ST/X system on which the binary libraries are built, and provide information on any changes, removals or additions made to the original ST/X system as described above.

You are not required to provide or make available the source-code of any additional or application specific code - unless, as described above, these are additions/changes to the original ST/X system.
In technical terms: you are not required to deliver the source code of new application classes, but you are required to do so (upon request) if you either replace an existing ST/X base system class, or modify individual methods, remove or add new methods to any of those classes, documentation or support files.

The ST/X system itself may never be subject of any end-user license; instead, the original or modified base ST/X system must be made available to any interested end-user for free.
However, the end-user must honor this license agreement, and the distributor must ensure this to his best knowledge.

(4)

You are not allowed to extract relevant code, know-how, algorithms or intellectual property from the ST/X compiler or virtual machine implementation or the class libraries for the creation of a similar product without explicit documentation which refers to and includes the original ST/X documentation and base system. This restriction includes products like competing Smalltalk systems, compilers or development tools for another programming language or another programming environment (IDE).
Excluded are any algorithms, mechanisms, patents or tricks which have been known and puplished prior to the exposure of the ST/X source code.

(5)

You are not allowed to extract, use or refer to relevant code, know-how, algorithms or intellectual property from the ST/X compiler or virtual machine implementation or the class libraries for publications, dissertations or other literature, without correct citation of the source and references to ST/X, eXept and Claus Gittinger.
Excluded are any algorithms, mechanisms, patents or tricks which have been known and puplished prior to the exposure of the ST/X source code.

§ 4 NO WARANTY

(1)

This software is provided "as is" without any warranty of any kind either expressed or implied. The licensor does not warrant that the functions contained in the program will meet any requirements or that the operations of the program will be uninterrupted or error-free.

(2)

There is no free support for this program. There is no guaranteed maintenance or repair in case of program malfunction. If you need support, please contact eXept for a non-free maintenance contract.

(3)

The licensor will not be liable for any indirect, special, incidental or consequential damages, including without limitation damages of for loss of profits, loss of customers, loss of good will, work stoppage, data loss, computer or other machine failure or malfunction, claims by any party other than you, or any and all other similar damages, irrespective of whether the licensor has advance notice of the possibility of such damages.

§ 5 Public Domain Software

(1)

The distribution package or medium of this software may contain public domain software, for which difference licenses may apply. These are explicitly marked as such either in the files themself or in a copyright notice in the containing file folder.

Any such public domain software is not to be considered part of the Smalltalk/X package and not covered by this licence agreement. It is included on the distribution medium for your convenience and in accordance to that particular public domain software's license rules.

§ 6 General

(1)

If any provision of this agreement is invalid or unenforcable for any reason, such invalidity shall not affect the other provisions and the parties will substitute a valid provision which most closely approximates the intent of the invalid provision.

Appendix - Motivation & Intent

We do not want people to take the ST/X system more or less as-is, and resell it without much added code as a development system, as a webServer, as an FTP server or client, as a javaScript engine, etc. Of course, the reason is because we would feel treated unfair, by giving away so much functionality for free and someone else making money out of it.

To prevent this, we require that anyone who uses ST/X based on this free licence must give away the original ST/X for free (upon request). So anyone who is interrested (incl. eXept) can see and judge for what the added value of that particular commercial product really is. Also, if there is not much added value, someone else can easily create the same application and give it away for free then.

Notice that (if you intent to create such a "little-added-value application") there is still a chance to do so using ST/X:
use a non-free ST/X licence, which gives eXept its share and allows you to create whatever binary executable you want, without a need to expose any information about what was your code and what was already present in the base system.

Trademarks