THE WHIZ KID TECHNOMAGIC NO-NONSENSE LICENSE, version 1
Copyright (c) 1999 G. Adam Stanislav
All rights reserved.
Current version of this license can be found on Whiz Kid Technomagic
web site, at:
It is customary in computer industry not to sell software but to licence it.
Licenced software remains property of the individual, group, or other entity
that created the software. This individual, group, or other entity, shall be
referred to in the rest of this document as "author."
Various types of software licenses have been developed. They typically grant
certain permissions to use or otherwise dispose of the software to individuals,
groups, or other entities, distinct from the author. Licenses also often
impose specific restrictions on the use of software covered by the license.
The individuals, groups, or other entities to whom said permissions are
granted and restrictions are imposed upon shall be referred to in the rest
of this preamble as "user". In the articles of this license, but not in this
preamble, the user is also referred to as "you."
For purposes of this license, the term "software" shall be subject to wide
interpretation. It shall, therefore, refer to any kind of computer data
transferred from the author to the user, whether directly or through a
third party, whether on some physical media, such as a disk, CD ROM, printout,
or transmitted via some medium, such as downloaded from a BBS, web site,
ftp site, or whatever other means of transferal may exist now or in the future.
Any kind of data means that the term "software" includes, but is not limited
to, computer programs, whether in binary form or source code, as well as
scripts, and other files, such as digitized or vector graphics, databases, text
files, and any other kind of computer data in any form.
The extent of permissions granted and restrictions imposed varies from
license to license. For many years users felt the restrictions imposed
were often too strict, preventing them from reasonable use of software
As a result, Richard Stallman started a movement to make licenses less
restrictive. He created his own license, generally known as the GPL, which
became commonly used in the world of free software.
It is my contention that GPL went to the opposite extreme: While granting
many permissions to the user, it prevents the author from imposing reasonable
The Whiz Kid Technomagic No-Nonsense License seeks to strike balance between
the needs of the users and those of the authors.
Software is usually distributed in packages. A package may contain one or more
data files. The package may comprise of files distributed on a diskette or
several diskettes, on a CD ROM or a set of CD ROMs, or in various archive
files, such as tar files, tar.gz files, zip files, arc files, tgz files, to
name just a few. Any of those examples constitute a "package" for the purpose
of Whiz Kid Technomagic No-Nonsense License.
If you are an author and wish to use this license with your own software,
simply include this license with your software. You may not modify the text
of this license. However, you may grant additional permissions and impose
additional restrictions. You may also expressly declare that any article of
this license does not apply to your software.
While you are not permitted to change the text of this license, you may
spell out said additions or modifications in a separate text, such as a
comment in your source code, a README file, or somewhere else in any kind
of documentation distributed along with your software. These additions
and modifications shall be referred to in the rest of this document as
If you are a user, and received this license with some software, then it is
implied the author has released said software under all terms of this
license, unless the author has said otherwise in the ammendment.
The Articles of the Whiz Kid Technomagic No-Nonsense License
1.1. The terms "author", "user", "you", "software", "package", and "ammendment"
shall be used throughout the articles of the Whiz Kid Technomagic No-Nonsense
License as defined in the preamble of said license.
1.2. The term "license" shall be used to refer to the Whiz Kid Technomagic
No-Nonsense License, applying also the provisions of articles 1.4, 1.5, and
1.6, of said license.
1.3. Any other terms used in the license follow common American usage of the
English language at the time the license has been written. No hidden meanings
1.4. If an ammendment is included with the license, the contents of the
ammendment are as binding as the license.
1.5. If there is a conflict between the provisions of the license and the
provisions of the ammendment, the provisions of the ammendment take
precedence over the provisions of the license.
1.6. Any time the term "license" is used it is implied to mean "license
unless the ammendment states otherwise", unless no ammendment has been
2.1. Software covered by the license is and remains property of the author.
2.2. The author retains all rights to the software granted to the author
by copyright law or any other law.
2.3. No restrictions imposed by the license apply to the author's own use
of the software.
3.1. This license, including provisions of article 1.6, completely defines
permissions granted to, and restrictions imposed upon, you by the author.
3.2. This license applies to all software in the package with which this
license is distributed, except for any software within the package expressly
distributed under the provisions of a different license, such as third party
software included in the package, even if such software is necessary for the
proper functionality of the package.
3.3. You may use, distribute, or otherwise dispose of, the software covered
by the license for any purpose, as long as you accept this license in its
3.4. You are not required to accept this license, however, if you do not,
you may not use, distribute, or otherwise dispose of, the software covered
by this license.
4.1. You may not modify the software in any way, except as permitted by the
4.2. You may compile source code into binary executables for the use on
your computer or any number of your computers, as well as for the use under
any operating system you use, whether such operating system be free or not.
4.3. You may change the form of the package in which this software is
being distributed. For example, you may transfer the software from a
disk to a different kind of disk or to a tape, you may copy it from a CD ROM
to a disk, you may place it into an archive, take it out of an archive,
transfer it from one kind of archive to a different kind.
4.4. You may convert data files from one format to another. For example,
you may convert a gif file to a tiff file.
4.5. You may modify data included with the package, for your own use only,
as long as that does not violate copyright law or any other law. For example,
you may delete data from a database, or add more data to a database.
4.6. You may apply patches to programs included with the package, both
binary and source code, whether the patches come from you or anyone else.
4.7. Any modifications are for your use only. You may not distribute modified
software, including, but not limited to, patched programs, except as permitted
in section 7 of the license.
4.8. You may use portions of source code covered by this license in your own
programs, with or without modifications, as long as you give credit to the
author, and as long as your program is designed to do something substantially
different from the author's programs. The purpose of this article is to allow
you to take advantage of algorithms developed by the author in your own work
if you find them useful, not to copy the author's work or compete with it.
4.9. Under no circumstances may you claim patent for code used in accordance
with article 4.8, regardless of any modifications you applied to it.
5. Use of data.
5.1. You may use data, other than programs, with programs and scripts not
included with the package, as long as it does not violate copyright law
or any other law. For example, you may read a database included with the
package from within programs not included with the package.
5.2. You may use output of programs included with the package in other
programs. For example, if the program produces a graphic, you may use that
graphic as input to other programs, providing such use does not violate
copyright law or any other law.
5.3. You may distribute any such output without limitation, providing such
distribution does not violate copyright law or any other law, and providing
article 5.4 is satisfied. For example, if the package contains a text editor
and you use it to write a book, you can do anything you want with your book.
5.4. You may not distribute such output if said output constitutes mere
reorganization of data included with this package. For example, you may not
distribute a database which you created by simply changing the order of
records of a database covered by the license.
5.5. You may use any data you own, or have the right or permission to use, as
input to any programs included with the package.
5.6. You may execute or pipe any program or script included with this package
from programs and scripts not included in this package.
6.1. You may make any number of copies of the package, or any software included
with the package, for the purposes of backup.
6.2. You may not distribute said copies to others, except as permitted in
section 7 of the license.
7.1. You may distribute the package in its entirety and unmodified to anyone
else as long as the provisions of other articles of this section are
7.2. You may change the form of the package as described in article 4.3,
providing all software, including documentation and this license, remains
in the new package in its entirety and unmodified.
7.3. You may not distribute any software in this package if you modified
it in any way, except as permitted in articles 7.2 and 7.6. And, of course,
you may distribute output as specified in article 5.3.
7.4. You may, however, distribute patches, such as diff files, or makefiles,
to allow the porting of the software to various operating systems, or vertical
markets, or to fix bugs. However, as common courtesy, you should also submit
any such patches and bug fixes to the author.
7.5. Any patches you distribute as specified in article 7.4 must be
distributed either separately from the package, or clearly marked as
not being part of the original package.
7.6. As an exception, you may distribute modified versions of the software
to a small number of your customers or clients, providing the modifications
target the specific needs of each individual customer or client. This is to
allow computer consultants and small computer businesses to install the
software directly on the computers of their customers and clients who otherwise
would not be able to apply any needed patches on their own. It does NOT allow
you to distribute modified versions of the software to a large group. For
example, you may not distribute the modified version to any and all users
of a specific operating system, or any and all members of a vertical market.
If you need to do that, distribute the unmodified software and distribute the
patches, as specified in articles 7.4 and 7.5.
7.7. You may not sell the software unless you have received expressed
permission from the author. However, you may charge reasonable copying fees.
You may also charge service fees for your time if you install the software on
a customer's or client's computer. You may also charge for your time if you
provide any consultation, technical support, teach someone how to use the
software, or any other activity that cannot be construed as selling of the
7.8. If you charge any fees permitted by articles 7.6 and 7.10, you must make
it clear to the customer or client that said fees do not constitute payment for
the software, and that none of the money exchanged goes back to the author.
7.9. This package may be distributed with other packages as part of a larger
collection of packages, providing it is clear which software belongs to this
package and which does not. That includes direct distribution with operating
7.10. If you distribute this package as part of a collection, as specified in
article 7.9, you may charge a fee for the collection at large, but not for
the package specifically.
7.11. If this package contains source code, and is distributed directly
with an operating system, the operating system may also contain compiled and
installed executables. Reasonable patches may be applied to the source code
before compilation. Patches are reasonable if they are necessary to make the
programs run under said operating system and if they do not modify the
functionality of the programs. In any case, the original unmodified package
must also be included with such operating systems.
7.12. The author imposes no restrictions on other packages distributed with
a collection that also distributes this package.
8. Payment to the author.
8.1. No payment to the author is required to allow the use of this software
under the license.
8.2. Anyone wishing to make a payment of any kind, or donation of resources
of any kind, is free to do so. However, the acceptance of such payment or
donation by the author does not release the donor from the rules set by this
license unless the author has explicitly stated otherwise.
9.1 This software is provided by the author "as is". Any express or implied
warranties, including, but not limited to, the implied warranties of
merchantibility and fitness for a particular purpose are disclaimed.
9.2. In no event shall the author be liable for any direct, indirect,
incidental, special, exemplary, or consequential damages (including, but
not limited to, procurement of substitute goods or services, loss of use,
data, or profits, or business interruption), however caused, on any theory
of liability, whether in contract, strict liability, or tort, including
negligence or otherwise, arising in any way out of the use of the software
covered by the license, even if advised of the possibility of such damage.
10. Other provisions.
10.1. The author reserves the right to use the software included in this
package and covered by the license, whether in its entirety or any part
thereof, in other packages released under the same license or a different
license, including, but not limited to, commercial applications, and
applications released without source code.
10.2. The author reserves the right to grant additional permissions, including,
but not limited to, the permission to sell this software for profit, to
anyone the author chooses, without granting such permissions to anyone else.
10.3. The author reserves the right to impose additional restrictions to anyone
to whom the author grants additional permissions as specified in article 10.2.
10.4. Non-enforcement of any article of this license at any time by the author
does not prevent the author from enforcing it in the future.
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