Creative Systems, Inc.


GHS Source Code Trust Agreement



This agreement is between Creative Systems, Inc., the owner of the General HydroStatics (GHS) computer programs, and The Glosten Associates, a Naval Architecture and Marine Engineering firm located in Seattle, Washington, USA.

The purpose of this agreement is to provide a mechanism for the distribution of source copies of GHS computer programs to its licensees in the event that maintenance of GHS is no longer available through Creative Systems or its successors.

"Source copy" is defined to mean a copy of the original program as written by the authors prior to translation, compilation or any other encoding process except that it is to be coded in the form of easily-displayed text on machine- readable media.

Creative Systems agrees to provide source copies of the GHS programs to The Glosten Associates whenever major developments within GHS render the previous versions obsolete.

The Glosten Associates agrees to store the latest source copies of the GHS programs when provided by Creative Systems, to keep them safe from unauthorized use or distribution, and to return them (or copies thereof) to Creative Systems or its heirs on request.

The Glosten Associates is authorized to further distribute source copies of GHS programs only in the events 1) that Creative Systems or its heirs is no longer able to maintain the GHS programs either directly or through a successor or agent and has no intention of doing so in the future, or 2) maintenance has not been available for a period of at least six months. In either of these events, The Glosten Associates agrees to make copies of the source program available to GHS licensees at their request, charging only to cover costs of the distribution.

This agreement does not effect any transfer of ownership of the GHS programs, nor does it place any responsibility upon The Glosten Associates other than that explicitly stated herein.

This agreement shall remain in effect until terminated; and it may be terminated by either party for any reason. Upon termination, all source copies of GHS held by The Glosten Associates shall be returned to Creative Systems.