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request to distribute as part of the Windows Toolbox

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Guest pete

I've tried emailing stha64@telia.com and fredrik.haglund@comhem.se twice to ask permission to re-distribute CDBurnerXP Pro without an reply so I'm posting this here in the hope they will read this. Please reply to inkwire at thegoldenear dot org

Here is what I've been mailing to stha64@telia.com and fredrik.haglund@comhem.se:

We have compiled a collection of useful software for Windows called the Windows Toolbox. Its purpose is to provide a complete collection of consistantly high quality, integrated and useful applications in one place, aswell as our own utilities and technical tutorials. This compilation has existed and evolved in virtual form on the web for the past three and a half years (it is currently at http://thegoldenear.org/toolbox/windows/). Now we would like to distribute it on CD, not for financial profit, and require your permission to include your software

Your CDBurnerXP Pro software could be an essential component in this collection but your licencing terms state:

"It may be freely used, copied and distributed as long as it is not sold ... You are NOT allowed to make a charge for distributing this Software (either for profit or merely to recover your media and distribution costs) whether as a stand-alone product, or as part of a compilation or anthology, without explicit prior written permission."

So we are asking for such permission. Hopefully the description further on of the various means in which we'd like to re-distribute CDBurnerXP Pro will be to your agreement.

We have lists on the web of the software contained in the Windows Toolbox, differentiated by that which is currently unambiguously legally re-distributable: http://thegoldenear.org/toolbox/windows/software.html and that which is not or is unsure: http://thegoldenear.org/toolbox/windows ... tware.html

So as to provide further description for you, this is the standard project description for the Windows Toolbox: "The Windows Toolbox is a comprehensive collection of software and information for Windows -a toolbox of high quality applications and utilities for a wide array of functions, all freely re-distributable and under Free, Open Source, Freeware, Shareware or similar licences; documents on installing, configuring and maintaining Windows and various software applications, for stability, performance, usability and security. The contents are constantly and consistantly updated with new and upgraded software and documentation.

You can download the software applications individually using our links to their various web sites; or hopefully in future we'll offer the compilation as a download that can be written to CD/DVD; or you can obtain a copy on CD by sending £4 (payable in UK postal orders or 1st class stamps; international prices are yet to be worked out) to The Golden Ear, Suite 55, Bridge 5 Mill, 22a Beswick Street, M4 7HR, UK."

The Windows Toolbox not only comprises software applications but scripts we have written for automating the configuration of Windows and applications, and documents we have written on installing, configuring and using the various applications, all tried and tested in the field by us

This collection has a growing respect on the web; currently it already provides a gateway to trusted, tested, worthwhile software; it is similar to distributions from TheOpenCD (http://www.theopencd.org/), GNUWin (http://gnuwin.epfl.ch/) and Kansas City Linux User Group (http://www.kclug.org/archives/2002/oct/0019.shtml).

We want to get the software and documentation distributed as widely as possible. We intend to apply for grants to get copies pressed up that can be given away at places where people train to use computers at drop-in centres and colleges; at gatherings where the people attending are likely to be computer users; bundled with magazines and newspapers; etcetera, etcetera. We would also like to offer it as an ISO image freely downloadable from our web site.

We intend to distribute in a number of ways in differing situations: completely freely; for the cost of the media; for the cost of the media plus a donation. The cost of the media will be for the CD(s), case, ink, paper, postage, etcetera. Donation would be non-compulsary and any amount would be the recipient's choice; the donation would be toward the time spent making this compilation. We will in no way be seeking to use this as a profit making venture - we survive already by doing computer support for non-profit organisations and are politically against making more money than we need to live humbly on and recognise that the majority of the work is yours in writing the software and we wouldn't want to divert money away from yourselves - but we believe it fair to ask for donational payment toward the cost of keeping this extensive project alive. We intend to apply for grants to pay for pressing up thousands of discs and for publicity but we are in no way guaranteed to receive funds this way

If you choose not to grant us permission to distribute your software then it would be appreciated if you could provide the reason for this so that we know the potential changes we could make in our means of distribution that would allow us to distribute your software

Hopefully you like what we're upto and will be able to give us your permission. We hope to hear from you soon

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I am quite sure that you will get that permission ;)

I think that this part of the LA is just for formal reasons and that we will never permit anyoneto redistribute CDBXPP if he is not going to sell it as his "own software" to make easy money or else. If Fredrik or Stefan don't answer soon, I will notify them about your request :)

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And sorry for not responding to your mail, we get a lot of mail and unfortunately I missed this, but of course you have the permission to distribute CDBurnerXP Pro as long as you not charge for the program.

Best regards, Stefan

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Guest pete

Many thanks Stefan (and Admin).

However, sorry to be so specific but I need to know in clearer terms, as this does amount to a legal agreement and I want our agreement to be unambiguous for those re-distributors of the Windows Toolbox that might analyse all such agreements to re-distribute software in order to make sure they are acting legally (for example magazine publishers) - you say "...as long as you not charge for the program.", are you saying that it is ok for us to charge in the way that I have described?

thanks again

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