Conditions for Commercial Distribution of Kermit Software

Kermit Development and Distribution
Columbia University Academic Information Systems
New York, NY, USA

February 2000

THIS DOCUMENT HAS BEEN SUPERSEDED. CLICK HERE FOR THE NEW COPY AND IGNORE THE REST.
This document supersedes the documents of the same name with earlier dates, and all other earlier statements of terms and conditions, including those found in Kermit manuals and other documentation published prior to the date shown above. This document will be updated from time to time as new software and manuals become available, or when pricing or other conditions change.

Kermit software is not in the public domain. It is copyright by the Trustees of Columbia University in the City of New York. Kermit software is distributed and supported by Columbia University. The nonprofit Kermit Project is self-sustaining, funded by income from mail-order software distribution, sales of published documentation, and license fees.

Except where permitted by the license of a specific Kermit software program, Kermit software may not be distributed, remarketed, bundled, embedded, adapted, given away, or otherwise redistributed by commercial enterprises to their customers, clients, or prospective clients without written permission of the Kermit Project at Columbia University, which will be granted under the conditions enumerated in this document. Commercial distribution includes, but is not necessarily limited to, bundling of Kermit software with hardware or software products; furnishing Kermit software to institutions, government agencies, or corporations under contract; including Kermit software on CD-ROM distributions of any kind; inclusion of Kermit software by Internet Access Providers in software kits provided to their customers; embedding of Kermit software in industry-specific applications such as medical claims submission packages; or any other arrangement in which Kermit software is furnished to customers, clients, or prospective clients for any purpose.

The conditions are:

The supplier must furnish a copy of the pertinent manual for each computer where the software will run. This helps make the end-users self sufficient, thus reducing the burden on the supplier's (and Columbia University's) help desk. For MS-DOS Kermit and C-Kermit, the manuals are the professionally published books described below. Should the supplier wish not to furnish manuals, an additional fee must be paid, also described below, to help offset our increased tech-support workload and compensate for lack of exposure.
The supplier must not modify the Kermit software source code without consent of Columbia University. If changes are needed, they must be coordinated through Columbia University so they can be supported and carried forward in new releases. The supplier can, of course, produce tailored initialization files, command files, macros, scripts, tip sheets, and similar material that does not involve changes to the Kermit software source code.
The supplier must not modify, remove, or obscure any copyright notices that appear in the software or documentation.
The supplier acknowledges that the Kermit software and documentation are provided as is; no other warranty is provided, express or implied, including without limitation, any implied warranty of merchantability or implied warranty of fitness for a particular purpose. Neither the supplier nor the end-users shall hold liable the authors of any Kermit software programs, publications or documentation nor Columbia University, Digital Press, nor any other contributing institution or individual for program or documentation errors.

KERMIT 95

Kermit 95 is the Kermit software for Windows 95, Windows 98, Windows NT, Windows 2000, and OS/2. Since all copies of Kermit 95 must be licensed, whether for own use or redistribution or resale, the conditions for furnishing Kermit 95 to customers or clients are automatically fulfilled when you license it for that purpose.

MS-DOS KERMIT AND C-KERMIT

MS-DOS Kermit is the Kermit software for IBM PCs and compatibles with MS-DOS or Microsoft Windows 3.x. The documentation is Using MS-DOS Kermit, Second Edition, by Christine M. Gianone, Digital Press, Woburn, MA (1992). German and French language editions are also available.

C-Kermit is the Kermit software for UNIX, VMS, OS/2, QNX, AOS/VS, Stratus VOS, OS-9, the Commodore Amiga, and the Atari ST. The documentation is Using C-Kermit by Frank da Cruz and Christine M. Gianone, Digital Press, Woburn, MA (1997). A German edition is also available.

These manuals are available from Columbia University at the following rates, which are set by the publisher, Digital Press, and are subject to change. Single quantities:

Using MS-DOS Kermit: $44.95, includes 3.5-inch software diskette.
Using C-Kermit: $44.95.

Quantity Discounts:

    Quantity  Discount    Per Copy
      1           0%      $ 44.95
      2-9         5%        42.70
     10-49       10%        40.45
     50-249      15%        38.21
    250-499      20%        35.96
    500-749      25%        33.71
    750-999      30%        31.46
   1000-2999     35%        29.22
   3000+         40%        26.97

Prices are in US dollars. Shipping costs are extra for overseas shipments. Pay no tax.

Each copy of the book is a license to distribute one copy of the software. You may reproduce the software yourself if you wish, in quantities not to exceed the number of licenses you have purchased.

Should wish to furnish MS-DOS or C-Kermit software to your customers or clients without the published manuals, you may:

Provide them instead with book voucher, to be redeemed by Columbia University at no cost to the customer. Add 10% to the bottom line, and contact us to make arrangements for the production of vouchers.
Omit both the book and the voucher. Add 20% to the bottom line.

OTHER KERMIT VERSIONS

Other Kermit versions, such as Kermit-370, for which commercially published documentation is not available, may be distributed under the terms listed above. In this case, documentation is furnished online as part of the software distribution and may be accessed online by the supplier and/or the end-user. Should commercially published documentation become available at a later date, the same terms will apply as those that now apply to MS-DOS Kermit and C-Kermit.

SOURCE CODE

Companies may license Kermit source code for purposes of adapting it to, or integrating it into, products or services. Contact the Kermit Project's Business Manager to negotiate the terms of the license. However, it should be emphasized that this course is not recommended in environments where an existing Kermit program can operate on its own, since your product will not be able to benefit from bug fixes and improvements that take place afterwards, nor can it be supported by us. Most versions of Kermit software are easy to imbed in other applications, so please think twice before choosing a source code license.

PROCEDURE

To obtain permission to distribute Kermit software, write a letter describing your intentions and agreeing to the terms listed in this document, and in the case of MS-DOS Kermit and/or C-Kermit, agreeing to condition (1) above and including your order, to:

Christine M. Gianone Business Manager
The Kermit Project
Columbia University
612 West 115th Street
New York NY 10025-7799
USA

Telephone: +1 (212) 854-5126
Fax: +1 (212) 662-6442
Email: [email protected]

In return, you will receive a letter of permission to use the Kermit software in the manner you have described.

Use the same address for inquiries regarding ordering information, packaging options, formats, support options, training, custom development, German and French manuals, and similar information.

Kermit Commercial Policy / Columbia University / [email protected] / February 2000