Hercules Public Licence

    PREAMBLE AND DEFINITIONS

  1. This agreement is intended to allow certain software programs created by Roger Bowler to be made available for public use subject to certain conditions.
  2. In this agreement, “the developer” refers to Roger Bowler, “the maintainer” refers to Jay Maynard, “the software” refers to the Hercules S/370 and ESA/390 emulator and associated utility programs and all accompanying documentation, and “you” refers to any person who desires to copy the software under the terms of this agreement.
  3. You are not required to accept this agreement. However if you do not accept this agreement then you have no licence to copy the software and consequently you cannot install the software on any computer. By installing the software you indicate your acceptance of this agreement.

    4. COPYRIGHT

  4. All title and copyrights in and to the software and all copies of the software, are owned by the developer or by other persons who have granted the developer the right to license the software under this agreement.

    GRANT OF LICENCE

  5. By this agreement the developer grants you a licence to make copies of the software solely for the purposes permitted by this agreement.

    6. PERMITTED USES

  6. You may use the software for your own personal non-commercial educational and hobby use.
  7. You may use the software to develop and test your own programs which are intended to run on machines conforming to the S/370 and/or ESA/390 architectures, provided that no part of the software is included in such programs.

    8. NON-PERMITTED USES

  8. You may not charge any fee for allowing anyone to use the software.
  9. You may not charge any fee for distributing copies of the software.
  10. You may not use the software to provide any service for which any fee is charged, except for the purposes of developing your own programs as provided in this agreement under the heading “permitted uses”.
  11. You may not use the software as part of any training course for which any fee is charged.
  12. You may not include copies of the software in any distribution for which any fee is charged, even if the fee relates to the media or to the distribution costs or to something else included in the distribution.
  13. You may not distribute incomplete or modified versions of the software.
  14. You may not copy any portion of the software into any other program.
  15. You may not use the software for any purpose in which its failure might cause death or personal injury, including, but not limited to, medical life-support systems or aircraft or spacecraft control systems.

    16. MODIFICATIONS

  16. You may create modified versions of the software for your own personal use.
  17. You may not distribute modified versions of the software.
  18. You may submit modifications to the maintainer for inclusion in the software. By submitting a modification you grant both the developer and the maintainer a perpetual royalty-free right to include the modification in future versions of the software and the right to distribute such modified versions to anyone under the terms of this agreement and any under other agreement at the discretion of the developer without payment of any fee to you. Neither the developer nor the maintainer is under any obligation to include any particular modification in the software.

    19. DISCLAIMER OF WARRANTY

  19. THE SOFTWARE IS SUPPLIED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES THAT THE SOFTWARE IS MERCHANTABLE, FREE OF DEFECTS, FIT FOR A PARTICULAR PURPOSE, OR FREE FROM INFRINGEMENTS OF PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND NO USE OF THE SOFTWARE IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER.

    20. LIMITATION OF LIABILITY

  20. IN NO EVENT SHALL THE DEVELOPER BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR BY THIRD PARTIES), EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IF THIS IS THE CASE IN YOUR STATE THEN THIS ENTIRE AGREEMENT DOES NOT APPLY TO YOU AND YOU HAVE NO LICENCE TO COPY OR USE THE SOFTWARE.

    21. TERMINATION

  21. If you fail to comply with the terms of this agreement, then your licence to use the software ceases immediately and you agree to erase or destroy all copies of the software in your possession.

Last updated 04 Jun 2000

Copyright 2000