INTRODUCTION

If you are using JConfig for any productive purpose (i.e., anything other
than evaluating it), you must obtain a Developer License.

This file contains the full Developer License Agreement. A Developer
License FAQ is available online at
http://www.tolstoy.com/samzidat/jcdev_FAQ.html

 * If you are only using JConfig to develop freeware or shareware, or if
you are a fulltime employee of an educational institution or a fulltime
student, there is no charge for the Developer License, and you can sign up
online to save time. Simply visit
http://www.tolstoy.com/samzidat/jcdev_registerfree.html

 * However, if you are using JConfig in a commercial product (whether
in-house or not), or you are otherwise being paid or receiving compensation
for using JConfig, you will need to follow the instructions below to obtain
the Developer License. In this case, there is a $99 fee per developer for
the Developer License. NOTE: this is *per-developer* fee, not a per-product
fee. There is no runtime fee. See the FAQ at
http://www.tolstoy.com/samzidat/jcdev_FAQ.html for details.


------------------------------------------------------------
INSTRUCTIONS

1. Print out this agreement, and fill in the blanks for your name and address.

2. Send the agreement, including a check or money order made out for $99
(USD) to Chris Kelly. DO NOT make the check payable to Samizdat Productions.

3. After we receive the agreement, we will send you a confirming email, and
you're ready to go.

If you have any questions or comments on the Developer License, ask in the
JConfig Technical Support Forums at
http://www.tolstoy.com/samizdat/jcsupport.html

  Chris Kelly
  Samizdat Productions
  4470 Sunset Blvd. #377
  Hollywood, CA 90027
  310-226-8065
  <samizdat@tolstoy.com>


------------------------------------------------------------

              JConfig DEVELOPER LICENSE AGREEMENT

This Developer License Agreement ("License Agreement") is entered into as
of _____________________ [date] by and between
_____________________________________ ("Licensee") and Samizdat Productions
("Samizdat").

1. DEFINITIONS. 
    a) "Software" shall mean the computer software JConfig SDK Version
2.1.1, in whole or in part. Any previous or future versions of JConfig
other than JConfig SDK 2.1.1, either in whole or in part, are not covered
by this License Agreement.

    b) "Source Code" shall mean those parts of the Software which
constitute Samizdat's original, human-readable text files which are used to
create the executable versions of JConfig, as well as any batch or project
files used to create the executable versions of JConfig.

    c) "Documentation" shall mean any human-readable documentation of the
Software, whether in printed, electronic, or other formats.

    d) "Licensed Products" shall mean Licensee's computer application(s) or
other software product(s) that use the Derived Binaries.

    e) "Modifications" shall mean i) any form of modification, addition, or
deletion that Licensee makes to the contents of any of the files which
comprise the Source Code, ii) the contents of any new file created by
Licensee which contains any part of the Source Code, iii) any form of
modification, addition, or deletion that Licensee makes to the contents of
any new files as described in (ii), and iv) any derived works based in
whole or in part on the Source Code or any part thereof.

    f) "Modified Source Code" shall mean the Source Code, as well as the
Source Code together with any Modifications made by Licensee.

    g) "Derived Binaries" shall mean the following files supplied with the
JConfig SDK Version 2.1.1:
	JConfig.zip
	JConfig.shlb
	libjconfiglx0.so
	jcnfigSN.dll
	jcnfigSW.dll
	jcnfigMS.dll
	jcnfigMW.dll
	jcnfigM2.dll
	jcnfig2W.dll
	jconfig.cfg
	jcfactrz.txt
as well as any executable, library, archive or other binary-format files
produced from the Source Code or the Modified Source Code, either in whole
or in part.

    i) "Licensee" shall mean the Licensee indicated above, together with
its heirs and successors.

    j) "Samizdat" shall mean Chris Kelly dba Samizdat Productions, together
with its heirs and successors.
  
    k) "Distributor" shall mean a dealer or distributor in the business of
reselling or sublicensing Licensee's Application.

2. LICENSE TO USE SOFTWARE. Samizdat hereby grants to Licensee, and
Licensee hereby accepts, a non-exclusive, non-transferable, limited license
to use the Software in accordance with the terms and conditions set forth
herein.
Samizdat grants to Licensee the right to use one copy of the Software or
Modified Source Code on a single computer. Only one copy of the Software or
Modified Source Code may be used at any time. Licensee may transfer the
Software or Modified Source Code to another single computer only if no
copies of the Software or Modified Source Code licensed herein are retained
for use on any other computer. The Software or Modified Source Code may
only be installed on an internal network or file server provided that any
portion of the Software or Modified Source Code is present on only one
computer connected to the network or file server at any time. Licensee may
make copies of the Software or Modified Source Code solely for backup or
archival purposes. Under no circumstances and in no manner may Licensee
redistribute or copy the Software or Modified Source Code other than as
specified herein. Licensee may not copy and/or distribute the Documentation
or other written materials that accompany the Software. Licensee may not
provide nor utilize any electronic access codes to provide the Software or
Modified Source Code to any other entity. Licensee may not permit other
individuals to use the Software or Modified Source Code except under the
terms listed herein.

3. RESTRICTIONS. Licensee hereby acknowledges and agrees that the Software
is the sole, exclusive and confidential property of Samizdat, and that
Samizdat expressly retains all rights to the Software including, but not
limited to, copyright, patent, and trade secret protections as provided by
federal and state laws. Licensee covenants and agrees not to encumber the
Software or Modified Source Code in any manner, nor distribute,
redistribute, market, sell, rent, lease, assign, license, sublicense, loan,
grant a security interest in, or otherwise transfer rights to the Software
or Modified Source Code, or any part or parts thereof. The Source Code may
be modified by Licensee without the prior written permission of Samizdat.
Licensee may not remove any copyright, trademark, or other proprietary
notices from the Software or Modified Source Code. Samizdat reserves all
rights that are not expressly granted to Licensee by this License Agreement.

4. REVERSE GRANT. At Licensee's sole discretion, Licensee may choose to
submit to Samizdat Modifications made by Licensee, or any part or parts
thereof. Licensee hereby grants to Samizdat a nonexclusive, perpetual
paid-up license to use, copy, distribute, sell, and make derivative works
of any Modifications made by Licensee and submitted to Samizdat. Samizdat
is under no obligation to incorporate any Modifications into future
versions of the Software.

5. LIMITED GRANT TO DISTRIBUTE PRODUCTS. Licensee or Distributors may
reproduce, distribute, and sublicense the Derived Binaries to Sublicensees
in object code form only and only in combination with Licensee's
Application, provided that:
  (a) Licensee's Application adds substantial and primary functionality to
the Derived Binaries and the distribution of Licensee's Application does
not function as a substitute for the Software or the Derived Binaries and
does not compete with Samizdat's distribution of the Software.
  (b) Licensee's Application is not a library, development tool, or
software development kit that exposes the APIs of the Derived Binaries, or
which enables the users of Licensee's Application to programmatically
interact with the classes and methods of the Derived Binaries.
  (c) Licensee shall not allow or facilitate any attempt by any person to
reverse-engineer, recreate, or generate the Software, Modified Source Code,
or Derived Binaries, nor shall Licensee aid or permit others to do so.

In order to protect Samizdat's intellectual property rights in the
Software, Licensee must reproduce on each copy of Licensee's Application or
in its printed or electronic documentation a copyright notice that clearly
states: 

  "Copyright _ [Licensee Name]. Portions Copyright 1997-2000 Samizdat
   Productions. All Rights Reserved."

and Licensee must distribute Licensee's Application pursuant to a valid
agreement that is at least as protective of Samizdat's rights in the
Software and Derived Binaries as this License Agreement.

6. CONFIDENTIAL INFORMATION. Licensee agrees to take all steps necessary to
maintain and preserve the proprietary and confidential nature of the
Software and the trade secrets contained therein. The Software (including
the Documentation), the Modified Source Code, and the terms and conditions
of this License Agreement shall be considered Confidential Information and
as the recipient of Confidential Information Licensee agrees to the
following provisions:
    (a) Licensee will not disclose Confidential Information to any third
party, nor use the same for any purpose other than as set forth in this
License Agreement.
    (b) Licensee will use the same degree of care Licensee uses to protect
its own confidential information but in no event less than reasonable care
to prevent unauthorized use, dissemination or publication of Confidential
Information.
    (c) Licensee may disclose Confidential Information to its employees or
contractors provided that they have executed and delivered to Licensee a
confidentiality or other non-disclosure agreement containing terms and
conditions substantially similar to those stated in this paragraph.
Licensee agrees to promptly notify Samizdat of any unauthorized disclosure
of Confidential Information.
    (d) This License Agreement imposes no obligation on Licensee regarding
Confidential Information which: (i) was in its possession, or known by
Licensee without an obligation to maintain confidentially prior to
Licensee's receipt of Confidential Information, (ii) is or becomes
generally known to the public without violation of this License Agreement,
(iii) is obtained by Licensee from a third party, without an obligation to
keep such information confidential, or (iv) is independently developed by
Licensee without use of the Confidential Information.
    (e) Disclosure of Confidential Information will not be prohibited, if
Licensee gives Samizdat prior notice and such disclosure is (i) compelled
pursuant to a legal, judicial, or administrative proceeding, or (ii)
otherwise required by law.

7. INJUNCTIVE RELIEF. Licensee acknowledges and agrees that unauthorized
use or disclosure of Samizdat's trade secrets or Confidential Information
(as defined in Paragraph 6) or use of the Software, Modified Source Code,
or Derived Binaries in breach of this License Agreement is likely to cause
Samizdat harm for which damages may not be an adequate remedy. Accordingly,
Samizdat shall be entitled to preliminary and permanent injunctive relief
and other equitable relief for any breach of this License Agreement,
without prejudice to any other right or remedy to which Samizdat may be
entitled. The parties agree that in the event of a breach or threatened
breach of this License Agreement, that immediate injunctive relief shall be
appropriate. The parties agree that Samizdat shall be released from any
requirement to post any bond, cash or security as a condition of obtaining
injunctive relief, to the extent permitted by law.

9. ASSIGNMENT BY LICENSEE. This License Agreement, in whole or in part, may
not be assigned by Licensee in any manner whatsoever. Any rights granted
herein may not be sublicensed, assigned, given away, or sold except as
provided in this License Agreement without the prior written consent of
Samizdat which may be withheld in its sole and absolute discretion.

10. ASSIGNMENT BY SAMIZDAT. Samizdat may at any time assign or transfer all
or part of its interests in any rights to the Software, to the Source Code,
and to this License Agreement to an affiliated or unaffiliated company or
person.

11. WARRANTIES. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE
SOFTWARE IS AT LICENSEE'S SOLE RISK. THE SOFTWARE IS PROVIED "AS IS" AND
WITHOUT WARRANTY OF ANY KIND AND SAMIZDAT EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. SAMIZDAT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. FURTHERMORE, SAMIZDAT DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAMIZDAT SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD
THE SOFTWARE PROVE DEFECTIVE, LICENSEE (AND NOT SAMIZDAT OR A SAMIZDAT
AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. UNDER NO CIRCUMSTANCES INCLUDING
NEGLIGENCE, SHALL SAMIZDAT OR ANY SUPPLIER BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS, LOSS OF USE OR INTERRUPTION OF BUSINESS), OR FOR
LEGAL FEES, ARISING OUT OF THE USE OF THE SOFTWARE OR THE INABILITY TO USE
THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF
SAMIZDAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL SAMIZDAT'S AGGREGATE LIABILITY FOR ANY CLAIM EXCEED THE AMOUNT PAID BY
LICENSEE FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION(S) OR
EXCLUSION(S) MAY NOT APPLY.

12. LIMITATION OF LIABILITY. SAMIZDAT'S MAXIMUM AGGREGATE LIABILITY TO
LICENSEE (AND THAT OF ITS AGENTS, DEALERS, DISTRIBUTORS, EMPLOYEES,
LICENSORS OR SUPPLIERS) SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR
THE SOFTWARE. SAMIZDAT'S ENTIRE LIABILITY AND LICENSEE'S EXCLUSIVE REMEDY
SHALL BE, AT SAMIZDAT'S SOLE OPTION, THE REPLACEMENT OF THE SOFTWARE OR THE
REFUND OF LICENSEE'S PURCHASE PRICE. UNDER NO CIRCUMSTANCES SHALL SAMIZDAT
(OR ITS AGENTS, DEALERS, DISTRIBUTORS, EMPLOYEES, LICENSORS OR SUPPLIERS)
BE LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING ANY BUSINESS INTERRUPTION,
LOST PROFITS, LOST SAVINGS, WORK STOPPAGE, LOSS OF GOODWILL, COMPUTER
FAILURE OR MALFUNCTION, LOST OR DAMAGED DATA, OR ANY AND ALL OTHER
INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE SOFTWARE (EVEN IF SAMIZDAT OR ITS AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY
ARE FORESEEABLE), OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY. EXCEPT
AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM,
ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE MAY BE BROUGHT BY
LICENSEE MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS OCCURRED. THE
WARRANTY DISCLAIMER, EXCLUSIVE REMEDIES AND LIMITED LIABILITY SET FORTH IN
THIS LICENSE ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN LICENSEE AND
SAMIZDAT, AND LICENSEE AGREES THAT SAMIZDAT COULD NOT PROVIDE THE SOFTWARE
ON AN ECONOMICAL BASIS WITHOUT SUCH LIMITATIONS.

13. HIGH-RISK ACTIVITIES. The Software is not fault-tolerant. It is not
designed, licensed, manufactured or intended for use with or resale as
online control equipment in hazardous environments requiring fail-safe
performance (such as nuclear facilities, aircraft navigation or
communications systems, air traffic control systems, life support machines,
or weapons systems) in which the failure of the Software could lead
directly to death, personal injury or severe physical or environmental
damage ("High Risk Activities"). SAMIZDAT AND ITS SUPPLIERS SPECIFICALLY
DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES.

14. EFFECTIVE DATE AND TERM. The effective date of this License Agreement
shall be the date of Samizdat's delivery of the Software to Licensee. The
term of this License Agreement continues from year to year as long as the
Licensed Products are distributed by Licensee or Distributors. The
foregoing shall not affect Samizdat's right to terminate the License
Agreement sooner for cause as set forth elsewhere in this License Agreement.

15. TERMINATION. Without prejudice to any other rights, Samizdat may
terminate this License Agreement immediately without notice from Samizdat
if Licensee fails to comply with any provision of this License Agreement.
Licensee agrees that, upon such termination, Licensee will destroy or
permanently erase all copies of the Software, Modified Source Code, and
Derived Binaries, and that Licensee will immediately cease and cause any of
Licensee's distributors to cease any redistribution of the Derived
Binaries. Provisions which, by their nature, must remain in effect beyond
the termination of this License Agreement shall survive.

16. PAYMENT AND DELIVERY OF SOFTWARE. Samizdat makes no guarantees or
commitments that the Software is or will continue to be available from
Samizdat. Samizdat reserves the right to refuse to enter into this License
Agreement at Samizdat's sole and absolute discretion. If Samizdat does not
wish to enter into this License Agreement, Samizdat shall be under no
obligation to indicate any reasons for Samizdat's decision. If Samizdat
wishes to enter into this License Agreement, Samizdat will, within a
reasonable time after Samizdat receives the fee specified in this License
Agreement for the Software and a copy of this License Agreement executed by
Licensee, provide email verification to Licensee. The total fee for this
License shall be US $99.00. Payment shall be made in U.S. dollars, by
International Money Order or by check drawn on a U.S. bank.

17. EXPENSES. Licensee shall be solely responsible for all expenses
incurred in the development and distribution of the Licensed Products.

18. DISCLAIMER OF AGENCY. This License Agreement shall not be construed as
creating an agency, partnership or any other form of legal association
between the parties. Nothing contained in this License Agreement shall
authorize either party to make any commitment or agreement on the other's
behalf.

19. DISTRIBUTION TO THE U.S. GOVERNMENT. The Software (including the
Documentation) provided under this License Agreement is commercial computer
software developed exclusively at private expense. Use, duplication, and
disclosure by civilian agencies of the U.S. Government shall be in
accordance with FAR 52.227-19 (c) or other agency data rights provisions,
as may be applicable. Use, duplication and disclosure by Department of
Defense agencies is subject solely to the terms of standard software
License Agreement as stated in DFARS 227.7202. 

20. ENTIRE AGREEMENT. This License Agreement is the entire agreement
between the parties relative to its subject matter, and supersedes all
prior statements, proposals or agreements relative to its subject matter,
written or oral. It may be modified only by a writing executed by an
authorized representative of Samizdat. Any waiver or amendment of any
provision of this
License Agreement shall be effective only in writing and signed by both
parties. No vendor, distributor, dealer, retailer, sales person or other
person is authorized to modify this License Agreement or to make any
warranty, representation, or promise which is different than, or in
addition to, the representations or promises of this License Agreement.

21. CONTROLLING LAW AND SEVERABILITY. This License Agreement shall be
governed by and construed in accordance with the laws of the United States
and the State of California, as applied to agreements entered into and to
be performed entirely within California between California residents,
without giving effect to any principles of conflicts of law. If for any
reason a court of competent jurisdiction finds any provision of this
License Agreement, or portion thereof, to be unenforceable, that provision
of the License Agreement shall be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remainder of
this License Agreement shall continue in full force and effect. This
License Agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods and its application is
expressly excluded.

22. JURISDICTION AND VENUE. Licensee expressly agrees that jurisdiction and
venue for any dispute arising from this License Agreement or relating to
the Software shall be brought exclusively in the county, state, or federal
courts located in Los Angeles County, California. Licensee expressly
consents and submits to the personal jurisdiction of such courts and
expressly waives any venue, jurisidictional, or inconvenient forum
objections to such courts. Licensee expressly consents to service of
process by overnight courier at Licensee's last known address. The
prevailing party in any litigation or proceedings between the parties
arising from this License Agreement shall be entitled to recover, in
addition to any other relief awarded, its reasonable costs and expenses
(including fees and expenses for attorneys and expert witnesses), court
costs and collection costs incurred in the proceeding. The failure of
either party to enforce any rights granted by this License Agreement or to
take action against the other party in the event of any breach of this
License Agreement shall not be deemed a waiver by that party of its right
to enforce such rights in the future. Licensee expressly agrees to
indemnify and hold harmless Samizdat (and its agents, affiliates, dealers,
distributors, employees, licensors, subsidiaries, and suppliers) against
any and all claims, damages, costs or expenses that arise directly or
indirectly out of or from Licensee's breach of this License Agreement or
Licensee's use or operation of the Software. 

23. NOTICES. Any notice required under this License Agreement shall be
given by first class mail, postage prepaid with return receipt requested
when sent to the addresses specified in this License Agreement. Each party
to this License Agreement may change an address relating to it by written
notice to the other party.

24. TRADEMARK. JConfig is a trademark of Samizdat Productions. Other
trademarks are the property of their respective owners. No right is granted
hereunder to use the name JConfig or any other Samizdat trademark, except
as provided herein.

25. EXPORT CONTROLS. None of the Software or underlying information or
technology may be exported or reexported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other
country to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Denial Orders. Licensee agrees to the
foregoing and represents and warrants that Licensee is not located in,
under the control of, or a national or resident of any such country or on
any such list.

LICENSEE:                               SAMIZDAT PRODUCTIONS

__________________________________      By:_________________________________
Name                   Title                

__________________________________      ____________________________________
Address                                 Printed name and title

__________________________________      ____________________________________
Address                    

__________________________________
Address                           

__________________________________
Date

__________________________________      Samizdat Productions        
By                                      4470 Sunset Blvd. #377        
                                        Hollywood, CA 90027
__________________________________      310-226-8065
Printed name and title                  <samizdat@tolstoy.com>
                                        
__________________________________
Phone and FAX

__________________________________
Email address

