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Difference between license in files and in COPYING file



Hello,


I want to overtake the package d4x, which is still in Debian repository. 
And this package need some development (upstream), which I could do, too.
The old developer = author have deleted the hole package website and 
nobody have heard of him for a long time (> 4 years I mean).

But now I have seen, that this package is not fully licensed under the
Artistic license 1.0 (as everybody would thought), but each source file 
have the following header:

/*	WebDownloader for X-Window
 *
 *	Copyright (C) 1999-2002 Koshelev Maxim
 *	This Program is free but not GPL!!! You can't modify it
 *	without agreement with author. You can't distribute modified
 *	program but you can distribute unmodified program.
 *
 *	This program is distributed in the hope that it will be useful,
 *	but WITHOUT ANY WARRANTY; without even the implied warranty of
 *	MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
 */

Now I ask me if this package agree with the DFSG ? 

Today I have tried to contact the old developer = author with his old 
email adress, but I think I get no answer.

What can I do, if the author doesn't answer? Is there a way?


Fondest regards,
 Joachim Wiedorn

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