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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.
-