4BSD/usr/doc/vmunix/boiler.t

Compare this file to the similar file:
Show the results in this format: 

.ND
.ps 14 
.ft B
.ce
LICENSE AGREEMENT
.ft R
.sp 4
.ps 12
.vs 18
.PP
THIS LICENSE AGREEMENT is made and entered into this ___________ day
of _____________ , 19____ , by and between THE REGENTS OF THE UNIVERSITY
OF CALIFORNIA, a California corporation, hereinafter called "LICENSOR",
and _____________________________ , a _____________________ having
its principal office at _____________________________________ ,
hereinafter called "LICENSEE";
.sp 2
.ps 10
.vs 12
.I
.ce
W I T N E S S E T H:
.R
.sp
.PP
\fI WHEREAS, \fR WESTERN ELECTRIC COMPANY, INCORPORATED ("WESTERN")
is the proprietor and owner of the UNIX/32V Time Sharing System, Version 1.0
("UNIX"); and
.PP
\fI WHEREAS, \fR LICENSOR is the proprietor and owner of enhancements
and additions to UNIX, which together with UNIX
comprise
computer programs and documentation entitled,
``Fourth Berkeley Software Distribution ("Licensed Material")''; and
.PP
\fI WHEREAS, \fR LICENSOR has been authorized by WESTERN to
distribute the Licensed Material to licensees who are also WESTERN's licensees
for UNIX; and
.PP
\fI WHEREAS, \fR LICENSEE warrants and represents that it is a WESTERN
licensee for UNIX; and
.PP
\fI WHEREAS, \fR LICENSEE desires to obtain from LICENSOR, and LICENSOR
desires to grant to LICENSEE, a license to use the aforementioned
computer programs and documentation;
.PP
\fI NOW, \fR THEREFORE, in consideration of the mutual covenants, conditions
and terms hereinafter set forth, and for other good and valuable
consideration, LICENSOR hereby leases to LICENSEE the
Licensed Material, the components of which are
described on annexed Schedule A,
subject to a non-transferable, nonexclusive license ("License"),
which is hereby granted to LICENSEE, to use such Licensed Material
upon the terms and conditions hereinafter set forth; and LICENSEE
hereby accepts such lease subject to the License solely upon such
terms and conditions.
.PP
\01.\ \ \fBTerm. \fR The term of this Agreement shall commence on the
date hereof, and, unless sooner terminated as hereinafter set forth,
shall extend indefinitely.
.PP
\02.\ \ \fBFees. \fRThe fee for this license and one physical copy
of the Licensed Material is three hundred dollars ($300.00).
LICENSEE may obtain additional copies of the Licensed Material and
copies of new releases of the Licensed Material which the LICENSOR
may make available by paying a duplication fee of
three hundred dollars ($300.00) per copy.  All such copies shall be subject
to the terms and conditions of this agreement.
All fees are due and payable in advance.
.PP
Such fee does not include local, state or federal taxes, and
LICENSEE hereby agrees to pay all such taxes as may be imposed
upon LICENSEE or LICENSOR with respect to the ownership, leasing,
licensing, rental, sale, purchase, possession or use of the
Licensed Material.
.PP
\03.\ \ \fBMaintenance and Update Services. \fR Neither maintenance
services nor update services are included in this Agreement.
As used in the Agreement, the term "maintenance services"
includes notice to LICENSEE of latent errors in the Licensed
Material and rectification thereof.
.PP
\04.\ \ \fBTitle. \fR LICENSEE agrees that the Licensed Material is,
and shall at all times remain, the property of LICENSOR.
LICENSEE shall have no right, title or interest therein or
thereto except as expressly set forth in this Agreement.
.PP
\05.\ \ \fBDuplication and Disclosure. \fR LICENSEE and LICENSOR agree
that the Licensed Material contains proprietary UNIX Operating System Software
belonging to WESTERN and licensed by WESTERN as part of UNIX.
LICENSEE represents that it has obtained a valid license from
WESTERN to use UNIX and has provided a copy of this license to LICENSOR.
LICENSEE agrees to treat WESTERN's included proprietary software
in the same manner as if such included proprietary software
had been received directly pursuant to LICENSEE's UNIX license from
WESTERN.  It is agreed that should the LICENSEE's UNIX
license from WESTERN be modified, for example, to include
additional CPU's, the modified license will govern the
use of the Licensed Material.  LICENSOR need not be notified of such 
modifications.  Likewise, it is agreed that if LICENSEE's UNIX
license from WESTERN is terminated, LICENSEE's license from LICENSOR
is also terminated.
.PP
LICENSEE may license the use of the Licensed Material to third parties
provided that such licensing is acceptable to WESTERN.  Material so provided
may be either modified or unmodified.  LICENSEE may, but need not,
charge a fee for such licenses.  LICENSOR need not be notified of such
licensing.
.PP
\06.\ \ \fBProper Credit and Recognition. \fR
In the use and/or distribution of the Licensed Material,
LICENSEE will take all reasonable measures to give
appropriate credit to The Regents of the University of California
and the Electrical Engineering and Computer Sciences Department
at the Berkeley Campus of the University of California
for their roles in the development of the Licensed Material, and shall
make this condition a requirement of any agreement by which
LICENSEE distributes the Licensed Material.
.PP
\07.\ \ \fBWarranty and Limitation of Liability. \fR  LICENSOR MAKES
NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE
LICENSED MATERIAL, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY
PARTICULAR PURPOSE.
.PP
LICENSEE agrees to indemnify, defend, and hold harmless
LICENSOR, its agents, officers, and employees,
either in their individual capacities or by reason
of their relationship to LICENSOR, and its successors, in respect
to any expense, claim,
liability, loss or damage (including any incidental or
consequential damage) either direct or indirect, whether
incurred, made or suffered by LICENSEE or by third parties, in
connection with or in any way arising out of the furnishing,
performance or use of the Licensed Material.
LICENSEE's obligations under this paragraph include,
but are not limited to, its obligation to indemnify, defend, and
hold LICENSOR, its agents, officers, and employees harmless
in the case of any claim of copyright or patent infringement
based in any manner on LICENSEE's use of the Licensed Material.
.PP
\08.\ \ \fBLegal Expenses. \fR  In case legal action is taken by
either party to enforce this Agreement, all costs and expenses,
including reasonable attorney's fees, incurred by the
prevailing party in exercising any of its rights or
remedies hereunder or in enforcing any of the terms,
conditions, or provisions hereof shall be paid by the other party.
.PP
\09.\ \ \fBSeverability. \fR  If any part, term or provision of
this Agreement shall be held illegal, unenforceable or in conflict
with any law of a federal, state or local government having
jurisdiction over this Agreement, the validity of the remaining
portions or provisions shall not be affected thereby.
.PP
10.\ \ \fBGoverning Law. \fR  This Agreement shall be construed and
enforced according to the laws of California as applied to contracts
made and to be performed in California.  If LICENSEE is located outside
the United States of America, the parties hereto agree
that any dispute arising in connection with this
agreement will be settled by the ICC Court of Arbitration.
.PP
11.\ \ \fBParagraph Headings. \fR  The headings herein are inserted for
convenience only and shall not be construed to limit or modify
the scope of any provision of this Agreement.
.PP
12.\ \ \fBEntire Agreement. \fR  This Agreement contains all the
agreements, representations, and understandings of the parties hereto
and supersedes any previous understandings, commitments or
agreements, oral or written.
.PP
13.\ \ \fBAuthority. \fR  Each of the undersigned warrants that he/she
has the authority to bind to this Agreement the party which
he/she represents.
.sp 4
.PP
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
.sp 3
.in +20
THE REGENTS OF THE
.br
UNIVERSITY OF CALIFORNIA
.br
(Licensor)
.sp 4
By ___________________________________


   ___________________________________
   (Title)
.sp 4
_______________________________________
.sp 1
_______________________________________
.br
(Licensee)
.sp 4
By ___________________________________


   ___________________________________
   (Title)
.in -30