Plot Plus Graphics has made its software for the 1.X release of Plot Plus available free of charge upon application. There may be software that uses Plot Plus which is developed outside of Plot Plus Graphics. The source code for such material may or may not be available, at the copyright holder's option.
Use of the Plot Plus software, or derivative works based thereon, within a commercial product, for a commercial purpose, or a within a product distributed for any fee or handling charge REQUIRES LICENSING,which may include a fee payment. Plot Plus Graphics will negotiate commercial-use licenses for Plot Plus upon request. These requests can be directed to plot_plus@halcyon.com.
Individuals may apply in their own name. A separate license is required for each platform on which Plot Plus will run, and a separate license is required to bundle Plot Plus with another application, either by directly calling Plot Plus as a subroutine or if used as a non-standalone application.
Individuals or organizations that hold licenses for older versions of Plot Plus must get a new license in order to download or use a new version of Plot Plus.
Upon execution of this Agreement by the party identified below ("Licensee"), Plot Plus Graphics provides the Plot Plus (TM) software in Binary and/or Source Code form ("Software") to Licensee, subject to the following terms and conditions. For purposes of this Agreement, Binary is the compiled code which is ready to run on Licensee's computer. Source code consists of a set of files which contain the actual program commands that are compiled to form the Binary. Plot Plus is considered to be "bundled" with another application when Plot Plus is either used as a subroutine or in tight coupling with another application via shell scripts, RPC calls, batch files, etc.
1. The Software is intellectual property owned by Plot Plus Graphics, and all right, title and interest, including copyright, remain with Plot Plus Graphics. Plot Plus Graphics grants, and Licensee hereby accepts, a restricted, non-exclusive, non-transferable license to use the Software for academic, research and internal business purposes only, without a fee. Licensee agrees to reproduce the copyright notice and other proprietary markings on all copies of the Software. Licensee has no right to transfer or sublicense the Software to any unauthorized person or entity. However, Licensee does have the right to make complimentary works that interoperate with Plot Plus, to freely distribute such complimentary works, and to direct others to the ftp server to obtain copies of Plot Plus itself.
2. Licensee may, at its own expense, modify the Software to make derivative works, as necessary for its own academic, research, and internal business purposes. However, Licensee's distribution of any derivative work is also subject to the same restrictions on distribution and use limitations that are specified herein for Plot Plus Graphics's Software, and may not be distributed to third parties without an appropriate license from Plot Plus Graphics. Any derivative work should be clearly marked to notify users that it is a modified version and not the original Plot Plus distributed by Plot Plus Graphics.
3. PLOT PLUS GRAPHICS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE FOR ANY PURPOSE. IT IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. PLOT PLUS GRAPHICS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY THE USERS OF THIS SOFTWARE.
Licensee understands the Software is a research tool for which no warranties as to capabilities or accuracy are made, and Licensee accepts the Software "as is". Licensee assumes the entire risk as to the results and performance of the Software and/or associated materials. Licensee agrees that Plot Plus Graphics shall not be held liable for any direct, indirect, consequential, or incidental damages with respect to any claim by Licensee or any third party on account of or arising from this Agreement or use of the Software and/or associated materials.
4. Licensee understands the Software is proprietary to Plot Plus Graphics. Licensee agrees to take all reasonable steps to insure that the Source Code is protected and secured from unauthorized disclosure, use, or release and will treat it with at least the same level of care as Licensee would use to protect and secure its own proprietary computer programs and/or information, but using no less than a reasonable standard of care. Licensee agrees to disclose the Software to any other person or entity with a need to know, on the terms and conditions as specified in this agreement. If Licensee becomes aware of any unauthorized licensing, copying or use of the Software, Licensee shall promptly notify the Plot Plus Graphics in writing. Licensee expressly agrees to use the Software only in the manner and for the specific uses authorized in this Agreement.
5. By using or copying this Software, Licensee agrees to abide by the copyright law and all other applicable laws of the U.S. including, but not limited to, export control laws and the terms of this license. Plot Plus Graphics shall have the right to terminate this license immediately by written notice upon Licensee's breach of, or non-compliance with, any of its terms. Licensee may be held legally responsible for any copyright infringement that is caused or encouraged by its failure to abide by the terms of this license. Upon termination, Licensee agrees to destroy all copies of the Software in its possession and to verify such destruction in writing.
6. In all uses of the Software, where appropriate, Licensee will credit the origins of the Software to Plot Plus Graphics for its role in the development of the Software.
(i) If Plot Plus is bundled with another program, Licensee will credit the origins of the Software to Plot Plus Graphics at every instance where the bundling program is identified.
(ii) Idenification of Plot Plus can not be removed or disabled from the startup banner of Plot Plus when used as a standalone application or the Plot Plus source code.
7. Should Licensee wish to make commercial use of the Software, Licensee will contact Plot Plus Graphics (plot_plus@halcyon.com) to negotiate an appropriate license for such use. Commercial use includes (1) integration of all or part of the Software into a product for sale or license by or on behalf of Licensee to third parties, or (2) distribution of the Software to third parties that need it to utilize a commercial product sold or licensed by or on behalf of Licensee. For example:
(i) Any automatic assistance for downloading and/or installing the Software requires a commercial license. If the Licensee is providing a service that assists a user in transferring the Software to their machine or installs the Software on a user's machine, then a commercial license is required.
(ii) Distribution of the Software through such formats as diskette and CD-ROM requires a commercial license.
8. Plot Plus Graphics is strongly interested in receiving information related to the performance of the Software in user's computing environment, and encourages contributions from users of the code that might, at Plot Plus Graphics's sole discretion, be used or incorporated to make the Software a more stable, flexible, and/or useful product. Licensees that wish to contribute their code must sign an "Agreement Regarding Contributory Code for Plot Plus Software" before Plot Plus Graphics can accept it (contact plot_plus@halcyon.com for a copy).
Contact Information:
The best
contact path for licensing issues is by e-mail to
plot_plus@halcyon.com
Send mail to:
| Plot Plus Graphics 2138 N 186th St Seattle, WA 98133 USA |
| FAX: (206) 366-0624 |