D1x license

[Hans de Goede]

Hi,

Before moving forward with d1x I decided to review all the legal/license 
details. The shareware datafiles (as distributed by SUSE) come with the 
following text:
---
The Shareware Descent Data Files are freely distributable to anyone and
everyone so long as they are distributed in UNMODIFIED FORM and no fees 
are charged.  All the files must be distributed together.
---

The "no fees are charged" part worries me, would this create trouble for 
people who would wish to create and sell Fedora Extras CD's?

Or are the costs in this case for the CD and the labour burning the CD 
and not for the software on it since this is freely available from the net?

Since the shareware files have been distributed on CD by SUSE for a long 
time I think this is not a problem but what do you think?


The descent source itself comes under a license from Parallax:
---
THE COMPUTER CODE CONTAINED HEREIN IS THE SOLE PROPERTY OF PARALLAX
SOFTWARE CORPORATION ("PARALLAX").  PARALLAX, IN DISTRIBUTING THE CODE 
TO END-USERS, AND SUBJECT TO ALL OF THE TERMS AND CONDITIONS HEREIN, 
GRANTS A ROYALTY-FREE, PERPETUAL LICENSE TO SUCH END-USERS FOR USE BY 
SUCH END-USERS IN USING, DISPLAYING,  AND CREATING DERIVATIVE WORKS 
THEREOF, SO LONG AS SUCH USE, DISPLAY OR CREATION IS FOR NON-COMMERCIAL, 
ROYALTY OR REVENUE FREE PURPOSES.  IN NO EVENT SHALL THE END-USER USE 
THE COMPUTER CODE CONTAINED HEREIN FOR REVENUE-BEARING PURPOSES.  THE 
END-USER UNDERSTANDS AND AGREES TO THE TERMS HEREIN AND ACCEPTS THE SAME 
BY USE OF THIS FILE.
COPYRIGHT 1993-1998 PARALLAX SOFTWARE CORPORATION.  ALL RIGHTS RESERVED.
---

So basicly BSD-ish but with a not for commercial use clause.
The d1x programmers have added the following conditions for there 
modifications:

---
1) By using this source you are agreeing to these terms.

2) D1x and derived works may only be modified if ONE of the following is 
done:

         a) The modified version is placed under this license.  The source
         code used to create the modified version is freely and publicly
         available under this license.

         b) The modified version is only used by the developer.

3) D1X IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
---

Making the total license GPL-ish but with a not for commercial use 
clause. Which basicly means that this is close but not an opensource 
license. Thus my question becomes is this license close enough to allow 
inclusion into Fedora Extras?

Regards,

Hans