Re: Is the RAR archiver freely distributable?
>> In a nutshell, the preamble of the new license seems to transform it
>> into a license agreement:
Sorry, I have not got the point. What it was before if not a licence agreement?
> To save others finding the licence, here it is:
>
> http://www.win-rar.com/winrarlicense.html?&L=0
I suppose, providing the full text would be even better. Here is the licence of RAR 5.3.b2-1 from Debian’s non-free repository:
Copyright (c) 1993-2006 Alexander Roshal
This software is shareware.
The RAR Archiver
EULA (End User License Agreement) for use and distribution
The RAR archiver is distributed as try before you buy. This means:
1. All copyrights to RAR are exclusively owned by the author
- Alexander Roshal.
2. Anyone may use this software during a test period of 40 days.
Following this test period of 40 days or less, if you wish to
continue to use RAR, you must purchase a license.
3. There are 2 basic types of licenses issued for RAR, these are:
a. A single computer usage license. The user purchases one license
to use RAR archiver on one computer.
Home users may use their single computer usage license on
all computers which are in property of the license owner.
Business users require one license per computer RAR is
installed on.
b. A multiple usage license. The user purchases a number of usage
licenses for use, by the purchaser or the purchaser's employees
on the same number of computers.
In a network (server/client) environment you must purchase
a license copy for each separate client (workstation)
on which RAR is installed, used, or accessed. A separate
license copy for each client (workstation) is needed regardless
of whether the clients (workstations) will use RAR simultaneously
or at different times. If for example you wish to have
9 different clients (workstations) in your network with access
to RAR, you must purchase 9 license copies.
A user who purchased a RAR license, is granted a non-exclusive
right to use RAR on as many computers as defined by the licensing
terms above according to the number of licenses purchased,
for any legal purpose. The licensed RAR software may not be rented
or leased, but may be permanently transferred, in it's entirety,
if the person receiving it agrees to the terms of this license.
If the software is an update, the transfer must include the update
and all previous versions.
4. Licensing for RAR on mobile devices (U3 stick, USB stick,
external harddrive):
In addition to the terms stated above following licensing terms
apply to the licensing of RAR on mobile devices.
a. A single computer usage license. Home users may use their
single computer usage license on all mobile devices which are
in property of the license owner.
Business users may use their single computer usage license
on one computer and one mobile device.
b. A multiple usage license. Users who own a multiple usage
license may use that license on the same number of mobile
devices as number of computers (clients) the license was
purchased for.
The number of computers/devices running RAR at any time is
limited to the number of licenses purchased according to the
licensing terms above.
A licensed version of RAR on a mobile device may be used by
the purchaser or the purchaser's employees, on several computers
consecutively.
There are no additional license fees, apart from the cost of
purchasing a license, associated with the use of RAR from
a mobile device on computers that are not owned by the owner
of the RAR license.
5. The RAR/WinRAR unlicensed trial version may be freely distributed,
with exceptions noted below, provided the distribution package is not
modified in any way.
a. No person or company may distribute separate parts of the package
with the exception of the UnRAR components, without written
permission of the copyright owner.
b. The RAR/WinRAR unlicensed trial version may not be distributed
inside of any other software package without written permission
of the copyright owner.
c. Hacks/cracks, keys or key generators may not be included on the
same distribution.
6. To buy a license please see order.htm for details.
7. THE RAR ARCHIVER IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY
KIND IS EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK.
NEITHER THE AUTHOR NOR THE AGENTS OF THE AUTHOR WILL BE LIABLE
FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS
WHILE USING OR MISUSING THIS SOFTWARE.
8. There are no additional license fees, apart from the cost of
purchasing a license, associated with the creation and distribution
of RAR archives, volumes, self-extracting archives or self-extracting
volumes. Legally registered owners may use their copies of RAR/WinRAR
to produce archives and self-extracting archives and to distribute
those archives free of any additional RAR royalties.
9. You may not use, copy, emulate, clone, rent, lease, sell, modify,
decompile, disassemble, otherwise reverse engineer, or transfer
the licensed program, or any subset of the licensed program, except
as provided for in this agreement. Any such unauthorized use shall
result in immediate and automatic termination of this license and
may result in criminal and/or civil prosecution.
Neither RAR binary code, WinRAR binary code, UnRAR source or UnRAR
binary code may be used or reverse engineered to re-create the RAR
compression algorithm, which is proprietary, without written
permission of the author.
RAR and WinRAR keyfiles may not be distributed, except as stated
in item 3) above, outside of the area of legal control of the
person or persons who purchased the original license, without
written permission of the copyright holder.
All rights not expressly granted here are reserved by Alexander Roshal.
10. Installing and using RAR/WinRAR signifies acceptance of these terms
and conditions of the license.
11. If you do not agree with the terms of this license you must
remove RAR/WinRAR files from your storage devices and cease to
use the product.
Thank you for using the original RAR.
Alexander L. Roshal
And here is the licence from ‘rarlinux-x64-5.4.0.tar.gz’ — the latest build for GNU/Linux available for download from win-rar.com:
END USER LICENSE AGREEMENT
The following agreement regarding RAR (and its Windows version - WinRAR)
archiver - referred to as "software" - is made between win.rar GmbH -
referred to as "licensor" - and anyone who is installing, accessing
or in any other way using the software - referred to as "user".
1. The author and holder of the copyright of the software is
Alexander L. Roshal. The licensor and as such issuer of the license
and bearer of the worldwide exclusive usage rights including the rights
to reproduce, distribute and make the software available to the public
in any form is win.rar GmbH, Marienstr. 12, 10117 Berlin, Germany.
2. The software is distributed as try before you buy. This means that
anyone may use the software during a test period of a maximum of 40 days
at no charge. Following this test period, the user must purchase
a license to continue using the software.
3. The software's trial version may be freely distributed, with exceptions
noted below, provided the distribution package is not modified in any way.
a. Nobody may distribute separate parts of the package, with the exception
of the UnRAR components, without written permission.
b. The software's unlicensed trial version may not be distributed
inside of any other software package without written permission.
The software must remain in the original unmodified installation
file for download without any barrier and conditions to the user
such as collecting fees for the download or making the download
conditional on the user giving his contact data.
c. The unmodified installation file of WinRAR must be provided pure
and unpaired. Any bundling is interdicted. In particular the use
of any install or download software which is providing any kind
of download bundles is prohibited unless granted by win.rar GmbH
in written form.
d. Hacks/cracks, keys or key generators may not be included, pointed to
or referred to by the distributor of the trial version.
e. In case of violation of the precedent conditions the allowance
lapses immediately and automatically.
4. The trial version of the software can display a registration reminder
dialog. Depending on the software version and configuration such dialog
can contain either a predefined text and links loaded locally
or a web page loaded from the internet. Such web page can contain
licensing instructions or other materials according to the licensor's
choice, including advertisement. When opening a web page, the software
transfers only those parameters which are technically required
by HTTP protocol to successfully open a web page in a browser.
5. The software is distributed "as is". No warranty of any kind is expressed
or implied. You use at your own risk. Neither the author, the licensor
nor the agents of the licensor will be liable for data loss, damages,
loss of profits or any other kind of loss while using or misusing
this software.
6. There are 2 basic types of licenses issued for the software. These are:
a. A single computer usage license. The user purchases one license to
use the software on one computer.
Home users may use their single computer usage license on all
computers and mobile devices (USB drive, external hard drive, etc.)
which are property of the license owner.
Business users require one license per computer or mobile device
on which the software is installed.
b. A multiple usage license. The user purchases a number of usage
licenses for use, by the purchaser or the purchaser's employees
on the same number of computers.
In a network (server/client) environment the user must purchase
a license copy for each separate client (workstation) on which
the software is installed, used or accessed. A separate license copy
for each client (workstation) is needed regardless of whether
the clients (workstations) will use the software simultaneously
or at different times. If for example you wish to have 9 different
clients (workstations) in your network with access to RAR,
you must purchase 9 license copies.
A user who purchased a license, is granted a non-exclusive right to use
the software on as many computers as defined by the licensing terms above
according to the number of licenses purchased, for any legal purpose.
7. There are no additional license fees, apart from the cost of the license,
associated with the creation and distribution of RAR archives,
volumes, self-extracting archives or self-extracting volumes.
Owners of a license may use their copies of the software to produce
archives and self-extracting archives and to distribute those archives
free of any additional royalties.
8. The licensed software may not be rented or leased but may be permanently
transferred, in its entirety, if the recipient agrees to the terms of
this license.
9. To buy a license, please read the file order.htm provided with
the software for details.
10. You may not use, copy, emulate, clone, rent, lease, sell, modify,
decompile, disassemble, otherwise reverse engineer, or transfer
the licensed software, or any subset of the licensed software,
except as provided for in this agreement. Any such unauthorized use
shall result in immediate and automatic termination of this license
and may result in criminal and/or civil prosecution.
Neither RAR binary code, WinRAR binary code, UnRAR source
or UnRAR binary code may be used or reverse engineered to re-create
the RAR compression algorithm, which is proprietary, without written
permission.
The software may be using components developed and/or copyrighted
by third parties. Please read "Acknowledgments" help file topic
for WinRAR or acknow.txt text file for other RAR versions for details.
11. This License Agreement is construed solely and exclusively under
German law. If you are a merchant, the courts at the registered office
of win.rar GmbH in Berlin/Germany shall have exclusive jurisdiction
for any and all disputes arising in connection with this License
Agreement or its validity.
12. Installing and using the software signifies acceptance of these terms
and conditions of the license. If you do not agree with the terms of this
license, you must remove all software files from your storage devices
and cease to use the software.
> That licence is IMO clearly unsuitable even for Debian non-free.
>
> | 3a. The software's trial version may be freely distributed, with
> | exceptions noted below, provided the distribution package is not
> | modified in any way
>
> But we have of course modified it.
As you can see above, that restriction is not new. The licence of 5.3.b2-1 also forbids modifications.
> | 3d. Hacks/cracks, keys or key generators may not be included,
> | pointed to or referred to by the distributor of the trial version
>
> We (Debian) cannot possibly agree to such a condition. It may well be
> violated in Debian (even in main) already.
I believe, that clause only implies ‘cracks’ or key generators for RAR.
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