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cc65 license check -- main or non-free?

Ok, I have NO idea how that got threaded into the VBA thread, so let's try that again...

I'm out looking for a useful piece of emulation related software to package, and I found a 65xxx compiler assembler. Parts of it are licensed under what looks like a subset of the GPL with one small change that may make it non-free, and the rest under what appears to be the zlib license. Anyway, here's the verbatim copyright file I'd be using for the package. What worries me is the first clause of the cc65 license. What qualifies as a 'nominal fee'?

--- begin paste ---

This package was debianized by Benjamin Cutler <cutlerbc@simla.colostate.edu> on
Thu, 08 Apr 2004 10:28:41 -0700.

It was downloaded from http://www.cc65.org/

Upstream Author: Ullrich von Bassewitz <uz@cc65.org>

Portions Copyright 1989 John R Dunning
Portions Copyright 1998-2003 Ullrich von Bassewitz

From www.cc65.org:

This is the original cc65 compiler copyright:

  -*- Mode: Text -*-

     This is the copyright notice for RA65, LINK65, LIBR65, and other
  Atari 8-bit programs.  Said programs are Copyright 1989, by John R.
  Dunning.  All rights reserved, with the following exceptions:

      Anyone may copy or redistribute these programs, provided that:

  1:  You don't charge anything for the copy.  It is permissable to
      charge a nominal fee for media, etc.

  2:  All source code and documentation for the programs is made
      available as part of the distribution.

  3:  This copyright notice is preserved verbatim, and included in
      the distribution.

      You are allowed to modify these programs, and redistribute the
  modified versions, provided that the modifications are clearly noted.

      There is NO WARRANTY with this software, it comes as is, and is
  distributed in the hope that it may be useful.

      This copyright notice applies to any program which contains
  this text, or the refers to this file.

      This copyright notice is based on the one published by the Free
  Software Foundation, sometimes known as the GNU project.  The idea
  is the same as theirs, ie the software is free, and is intended to
  stay that way.  Everybody has the right to copy, modify, and re-
  distribute this software.  Nobody has the right to prevent anyone
  else from copying, modifying or redistributing it.

In acknowledgment of this copyright, I will place my own changes to the compiler under the same copyright.

The library and the binary utils are a complete rewrite done by me and covered by the following license:

This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.

Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
   3. This notice may not be removed or altered from any source distribution.

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