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authorMike Frysinger <vapier@gentoo.org>2003-07-18 18:28:40 +0000
committerMike Frysinger <vapier@gentoo.org>2003-07-18 18:28:40 +0000
commit489b7c1b00bc0748d57a0002ac7a7a355f665cf9 (patch)
tree807536d96dd8889ef2df7949230214497df0d435 /licenses/DEC
parentrepomanz0r (diff)
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licenses for cm3
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+
+ Digital License Agreement
+
+ SRC Modula-3
+
+ 1. Grant Of License. Digital Equipment Corporation, having a principal
+ office at 146 Main Street, Maynard, MA 01754 ("DIGITAL") grants to
+ you ("LICENSEE") the non-exclusive, non-transferable, royalty free
+ right to use, modify, reproduce and distribute SRC Modula-3 ("SOFTWARE")
+ subject to the terms set forth herein. Any distribution of SOFTWARE
+ shall include this Digital License Agreement in human readable form.
+
+ 2. Title to Intellectual Property and Software. Subject to the limited
+ rights and licenses granted under this License Agreement, all rights,
+ title and interests including patent, copyright, and trademark rights
+ in SOFTWARE are and shall remain vested in DIGITAL to the exclusion
+ of LICENSEE. DIGITAL represents and warrants that DIGITAL has the
+ legal right to grant such licenses as are expressly granted under
+ this Agreement.
+
+ 3. Copyright. The SOFTWARE is owned by DIGITAL or its suppliers and is
+ protected by United States copyright laws and international treaty
+ provisions. Therefore, you must treat the SOFTWARE like any other
+ copyrighted material (e.g., a book or musical recording) except
+ that you may use the SOFTWARE as provided in this Digital License
+ Agreement.
+
+ 4. Improvements. LICENSEE hereby grants to DIGITAL a non-exclusive,
+ non-transferable, royalty free right to use, modify, reproduce
+ and distribute with the right to sublicense at any tier, any
+ improvements, enhancements, extensions, or modifications that
+ LICENSEE make to SOFTWARE, provided such are returned to DIGITAL
+ by LICENSEE.
+
+ 5. DISCLAIMER OF WARRANTY. Because the SOFTWARE is a research work and
+ not a released product, it is provided "AS IS" WITHOUT WARRANTY OF ANY
+ KIND AND WITHOUT ANY SUPPORT SERVICES. EXCEPT AS SPECIFICALLY PROVIDED
+ ABOVE IN SECTION 2, DIGITAL FURTHER DISCLAIMS ALL OTHER EXPRESS OR
+ IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
+ PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF
+ THE SOFTWARE REMAINS WITH YOU.
+
+ 6. Limitation of Liability. IN NO EVENT SHALL DIGITAL OR ITS SUPPLIERS BE
+ LIABLE IN AN AMOUNT THAT EXCEEDS THE LICENSE FEE PAID BY LICENSEE FOR
+ ANY DAMAGES (INCLUDING, WITH LIMITATION, DAMAGES FOR LOSS OF BUSINESS
+ PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
+ PECUNIARY LOSS), REGARDLESS OF THE FORM OF CLAIM OR ACTIONS, ARISING
+ OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION,
+ EVEN IF DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
+ BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
+ FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
+ APPLY TO YOU.
+
+ 7. Acknowledgement of Allocation of Risk. LICENSEE acknowledges and agrees
+ that the fees charged by DIGITAL in this Agreement reflect the allocation
+ of risks provided by the foregoing limitation of liability. LICENSEE
+ acknowledges and represents that it has read and understands these
+ allocations of risk limiting the liability of DIGITAL and that it
+ understands that a modification of the allocation of risks set forth
+ in this agreement would affect the fees charged by DIGITAL, and that
+ LICENSEE, in consideration of such fees, agrees to such allocations
+ of risk.
+
+ 8. LICENSEE INDEMNIFICATION. LICENSEE SHALL INDEMNIFY DIGITAL AGAINST
+ ALL COSTS AND DAMAGE JUDGEMENTS, INCLUDING ATTORNEY'S FEES AND COSTS
+ OF DEFENSE, INCURRED BECAUSE OF CLAIMS OF DAMAGE ARISING FROM LICENSEE'S
+ POSSESSION OR USE OR INABILITY TO USE SOFTWARE.
+
+ 9. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided
+ with RESTRICTED RIGHTS. Use duplication, or disclosure by the Government
+ is subject restrictions as set forth in subparagraph (c)(1)(ii) of The
+ Rights in Technical Data and Computer Software clause in DFARS
+ 252.227-7013, or subparagraphs (c)(i) and (2) of the Commercial Computer
+ Software -- Restricted Rights at 48 CFR 52.227-19, as applicable.
+ Manufacturer is Digital Equipment Corporation, 130 Lytton Avenue,
+ Palo Alto, CA 94301-1044.
+
+10. Severability. If any provision of the Agreement is held illegal or
+ unenforceable by any court of competent jurisdiction, such provision
+ shall be deemed separable from the remaining provisions of this Agreement
+ and shall not affect or impair the validity or enforceability of the
+ remaining provisions of this Agreement.
+
+11. Governing Law. This Agreement is governed by the laws of the
+ Commonwealth of Massachusetts.
+
+12. Publicity. You my not use the name of DIGITAL in any advertisement,
+ press release or other publicity with reference to SRC Modula-3
+ without prior written consent of DIGITAL.
+
+13. Should you have any questions concerning this Agreement, or if you
+ desire to contact Digital for any reason, please do so via E-mail:
+ M3-REQUEST@SRC.DEC.COM.
+