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As a software developer, I find a frequent need to create icons for my applications. Nothing has ever worked as well as IcoFX for this purpose. Unfortunately, the program is no longer free - but I still have the installer for an older version.

My question is whether or not I can distribute copies of the installer. The license agreement contains the following pertinent clauses:

6. All redistributions of the Software's files must retain all 
   copyright notices and web site addresses that are 
   currently in place, and must include this list of 
   conditions without modification.

7. None of the Software's files may be redistributed for 
   profit or as part of another Software package without 
   express written permission of the Author.

10. The Author reserves his rights to modify this agreement 
    in the future.

The first two clauses would seem to suggest that I can legally distribute verbatim copies of the installer but the last clause has me confused. If the author modifies the agreement and removes the ability to distribute copies, does it apply to my copy that I downloaded a while back?

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Flagging to migrate to the new lawyers.se.;) –  jrg Oct 17 '11 at 19:20
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The only way to know for sure is to ask the Copyright holder. You should ask them. –  Craig Oct 17 '11 at 20:15
    
While the author reserves the right to modify the agreement, is there any indication he did? It appears that he's not accepting new agreements for new versions on the same terms, but that's different from breaking up existing agreements for old versions. –  MSalters Oct 18 '11 at 8:16
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2 Answers

The danger here is that the author included a clause that basically states "I can change the licensing terms any time I want to," without providing any provisions for allowing existing users to be "grandfathered" under the original license terms. That makes the license agreement too unsafe to be relied upon in any redistribution context.

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Or maybe not. A clause like that might be legally invalid. Consult a lawyer if you really want to know. –  David Thornley Dec 20 '11 at 22:54
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You can distribute this version on installer, while pp.1-2 not violated

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