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