🚀 go-pugleaf

I found the following "Agreement", relating to the electronic distribution of
the System, Finder, Font/DA Mover, and other related programs, in a file that
was in in one of the GENIE downloading areas.  It seems to prohibit:

    (1) Giving a downloaded copy of the System, Finder, etc. to anyone
        unless you get them to agree to the facist agreement, and then
        immediately destroy all your remaining copies.  (Say you found
        that you have the "Deadly System", you replace it with a newer
        version, and then you find that a friend who does not have any
        accounts on GENIE, Compuserve, and the like had the old system.
        If you obey the "license", either one of you will be stuck with
        the old system, or the system will have to be downloaded twice
        (which could obviously run into $$$).
    (2) Using a System disk on different Macs.  ("No, I can't use *that*
        System disk on the Mac at school because I've used it at home; I
        need to download another one"..as the $$$ goes through the roof).
    (3) Using a downloaded System, Font/DA Mover, etc. on any network of
        Macs (there goes the ability to use the Macs at CMU, even if one
        was willing to pay to download the System twice...the ones in the
        library and the ones in the MUG clubroom are on Appletalk -- the
        latter even run programs over it using Volumes).
    (4) Disassembling any part of the System, Finder, etc.
    (5) Any sort of distribution over USENET (USENET isn't "authorized").

Now I find all five of these things that are prohibited by the "Agreement"
with regards to downloaded software perfectly reasonable things to do (yes,
even number four, though most users will never want to disassemble anything).
We're talking about system software here -- the sort of stuff that every Mac
user gets with the machine -- not MacTerminal or MacDraw.

Of course, these five items aren't the only ones in the "Agreement".  It seems
to contain just about every restriction I have ever seen elsewhere, and then a
bit (check out the paragraphs about government use and about exports).  I have
included its text below, since it seems to be activated by downloading a file
whose description refers to it and not by simply reading it.

===========================================================================
    APPLE.LIC
===========================================================================
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS
SOFTWARE.  ANY DOWNLOADING, REPRODUCTION, COPYING OR OTHER USE OF THE SOFTWARE
WILL CONSTITUTE ACCEPTANCE OF THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE
WITH THEM, YOU SHOULD DISCONTINUE THIS TRANSMISSION.

                         SINGLE-COMPUTER END USER
                        SOFTWARE LICENSE AGREEMENT


APPLE COMPUTER, INC. ("Apple") provides this software and licenses its use.
You assume responsibility for the selection of the software to achieve your
intended results, and for the installation and use of, and results obtained
from, the software.


                                 LICENSE
                                 _______

Pursuant to this license you may:

1.  Use the software only on a single Apple computer.  You must obtain a
supplementary license from Apple before using the software in connection with
systems and multiple central processing units, computer networks or emulations
on mainframe or minicomputers.

2.  Download the software only on media that is compatible with Apple
manufactured computers.

3.  Copy the software into any machine readable form for backup purposes in
support of your use of the software on the single Apple computer.

4.  Transfer the software and license to another party with a copy of this
Agreement provided the other party reads and agrees to accept the terms and
conditions of this Agreement.  If you transfer the software, you must at the
same time either transfer all copies, whether in printed or machine-readable
form, to the same party or destroy any copies not transferred.  Apple grants a
license to such other party under this Agreement and the other party will
accept such license by its initial use of the software.  If you transfer
possession of any copy of the software, in whole or in part, to another party,
your license is automatically terminated.

This software is protected by United States copyright law.  You must reproduce
the Apple copyright notice on any copy of the software.



THIS SOFTWARE MAY BE ELECTRONICALLY DISTRIBUTED ONLY BY AUTHORIZED ELECTRONIC
DISTRIBUTORS.  IT MAY BE DOWNLOADED ONLY FOR PERSONAL OR NON-COMMERCIAL USES
ON APPLE COMPUTERS AND MAY NOT BE REDISTRIBUTED OR USED FOR COMMERCIAL
PURPOSES WITHOUT AN EXPRESS SOFTWARE DISTRIBUTION LICENSE FROM APPLE.These
licenses are available from Apple's Software Licensing Department.

YOU MAY NOT MODIFY, REVERSE COMPILE, DISASSEMBLE, NETWORK, RENT, LEASE, LOAN
OR DISTRIBUTE THE SOFTWARE, OR ANY COPY, IN WHOLE OR IN PART.  YOU UNDERSTAND
THAT UNAUTHORIZED REPRODUCTION OF COPIES OF THE SOFTWARE OR UNAUTHORIZED
TRANSFER OF ANY COPY OF THE SOFTWARE MAY SUBJECT YOU TO A LAWSUIT FOR DAMAGES,
INJUNCTIVE RELIEF, AND ATTORNEY'S FEES.


                   Apple reserves all rights not expressly granted to you.

                         Export law assurances
                         _____________________

You agree and certify that neither the software and documentation nor any
direct product thereof  (1) is intended to be used for nuclear proliferation
or any other purpose prohibited by the United States Export Administration Act
of 1979, as amended (the "Act")  and the regulations promulgated thereunder,
and (2) is being or will be downloaded, shipped, transferred or reexported,
directly or indirectly, into any country prohibited by the Act and the
regulations promulgated thereunder.


                         Government End Users
                         ____________________

If you are acquiring the software on behalf of any unit or agency of the
United States government, you agree that:  (a) the software is "Commercial
Computer Software" as that term is defined in Paragraph 27.401 of the DoD
Supplement to the Federal Acquisition Regulations (the "Supplement") or is
within the equivalent classification of any other federal agencies'
regulations; (b) the software was developed at private expense, and no part of
it was developed with government funds; (c) the government's use of the
software is subject to "Restricted Rights" as that term is defined in clause
52.227-7013 (b)(3)(ii)  of the Supplement or in the equivalent clause of any
other federal agencies' regulations; (d)  the software is a "trade secret" of
Apple for all purposes of the Freedom of Information Act;  and (e)  each copy
of the software will contain the following Restricted Rights Legend:

                        "Restricted Rights Legend"
Use, duplication or disclosure is subject to restrictions as set forth in
subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software
clause at FAR 52.227-7013.  Manufacturer:  Apple Computer, Inc. 20525 Mariani
Avenue, Cupertino, California 95014.

You agree to indemnify Apple for any liability, loss, costs and expense
(including court costs and reasonable attorneys' fees) arising out of any
breach of the provisions of this Agreement relating to use by the government.


                                   Term
                                   ____

The license is effective until terminated.  You may terminate it at any time
by destroying the software together with all copies.  The license will also
terminate upon conditions set forth elsewhere in this Agreement or if you fail
to comply with any of the terms or conditions of this Agreement.  You agree
upon such termination to destroy all copies of the software.


                          Disclaimer of Warranty
                          ______________________

The software is provided "as is" without warranty of any kind, either express
or implied, with respect to its merchantability or its fitness for any
particular purpose.  The entire risk as to the quality and performance of the
software is with you.  Should the software prove defective, you (and not Apple
or an Apple authorized representative) assume the entire cost of all necessary
servicing, repair, or correction.

Apple does not warrant that the functions contained in the software will meet
your requirements or that the operation of the software will be uninterrupted
or error free or that defects in the software will be corrected.

Some states do not allow the exclusion of implied warranties, so the above
exclusion may not apply to you.  This warranty gives you specific legal rights
and you may also have other rights which vary from state to state.


                          Limitation of Remedies
                          ______________________

In no event will Apple be liable to you for any lost profits, lost savings or
other incidental, special or consequential damages arising out of the use of
or inability to use any software even if Apple or an authorized Apple
representative has been advised of the possibility of such damages, or for any
claim by any other party.

Some states do not allow the limitation or exclusion of liability for
incidental or consequential damages so the above limitation or exclusion may
not apply to you.

Apple's liability to you for actual damages for any cause whatsoever, and
regardless of the form of the action, will be limited to the greater of $500
or the money paid for the software that caused the damages or that is the
subject matter of, or is directly related to, the cause of action.


                                General
                                _______

This Agreement, if any attempt to network, rent, lease, or sublicense the
software, or, except as expressly provided in this Agreement, to transfer any
of the rights, duties, or obligations under this Agreement, becomes void.

The Agreement will be construed under the laws of the state of California,
except for that body of laws dealing with conflict of laws.  If any provision
of this Agreement shall be held by a court of competent jurisdiction to be
contrary to law, that provision will be enforced to the maximum  extent
permissible, and the remaining provisions of this Agreement shall remain in
full force and effect.
===========================================================================
    END APPLE.LIC
===========================================================================

                                        -- Thomas Newton