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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.
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