[TUHS] SCO removed the anchient UNIX offer web page

[Gregg C Levine]

Hello from Gregg C Levine
It seems that the archive is still available under their mismanaged FTP
server. Since I already agreed to that oddball license, I am now downloading
them from the FTP site.

Warren, the HTML pages make a reference to an older webpage on the TUHS
webservers, is a CD still available? Or are they making that up?
Gregg C Levine drwho8 at worldnet.att.net
"Oh my!" The Second Doctor's nearly favorite phrase.
----- Original Message -----
From: "Kenneth Stailey" <kstailey at yahoo.com>
To: "Kenneth Stailey" <kstailey at yahoo.com>; <tuhs at tuhs.org>
Sent: Thursday, June 19, 2003 7:35 PM
Subject: Re: [TUHS] SCO removed the anchient UNIX offer web page


> http://public.planetmirror.com/pub/ancient-unix/
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>   20th Jun 2003
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> SCO Ancient Unix
> Software License Agreement
>
> THE SANTA CRUZ OPERATION, INC. ("SCO") HEREBY GRANTS TO YOU THE SPECIAL
> SOFTWARE LICENSE AGREEMENT STATED BELOW ONLY FOR THE PURPOSES STATED IN
THIS
> SPECIAL SOFTWARE LICENSE AGREEMENT. BY DOWNLOADING, INSTALLING, OR USING
THE
> ANCIENT UNIX SOURCE CODE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SPECIAL
> SOFTWARE LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT.
>
> THE SANTA CRUZ OPERATION, INC. SPECIAL SOFTWARE LICENSE AGREEMENT FOR
ANCIENT
> UNIX SOURCE CODE (AGREEMENT)
>
> A. THE SANTA CRUZ OPERATION, INC., a California corporation (SCO), having
an
> office at 400 Encinal Street, Santa Cruz, California 95061-1900 and you as
> LICENSEE, agree that, as of the Effective Date hereof, as defined in
Section
> 7.1, the terms and conditions set forth in this AGREEMENT shall apply to
use by
> LICENSEE of SOURCE CODE PRODUCTS subject to this AGREEMENT.
>
> B. SCO makes certain licensing rights for SOURCE CODE PRODUCTS available
under
> this AGREEMENT, including rights to make and use DERIVED BINARY PRODUCTS.
Such
> SOURCE CODE PRODUCT is identified in Section 3 of this AGREEMENT .
>
> C. This AGREEMENT sets forth the entire agreement and understanding
between the
> parties as to the subject matter hereof and merges all prior discussions
> between them, and neither of the parties shall be bound by any conditions,
> definitions, warranties, understandings or representations with respect to
such
> subject matter other than as expressly provided herein or as duly set
forth on
> or subsequent to the date of acceptance hereof in writing and signed by a
> proper and duly authorized representative of the party to be bound
thereby. No
> provision appearing on any form originated by LICENSEE shall be applicable
> unless such provision is expressly accepted in writing by an authorized
> representative of SCO.
>
> D. The AUTHORIZED COUNTRY for this AGREEMENT shall be any countries not
> excluded by Section 5.2
>
> I. DEFINITIONS
>
> 1.1 AUTHORIZED COUNTRY means one or more countries specified above.
>
> 1.2 CPU means a computer having one or more processing units and a single
> global memory space.
>
> 1.3 COMPUTER PROGRAM means any instruction or instructions for controlling
the
> operation of a CPU.
>
> 1.4 DERIVED BINARY PRODUCT means COMPUTER PROGRAMS in OBJECT CODE format
based
> on a SOURCE CODE PRODUCT.
>
> 1.5 DESIGNATED CPU means all CPUs licensed as such for a specific SOURCE
CODE
> PRODUCT.
>
> 1.6 OBJECT CODE means a COMPUTER PROGRAM in binary form, resulting from
the
> compilation of SOURCE CODE by computer or compiler into machine executable
code
> and which is in a form of computer programs not convenient to human
> understanding of the program logic, but which is appropriate for execution
or
> interpretation by computer.
>
> 1.7 SOURCE CODE means COMPUTER PROGRAMS written in certain programming
> languages in electronic media form and in a form convenient for reading
and
> review by a trained individual, such
> as a printed or written listing of programs, containing specific
algorithms,
> instructions, plans, routines and the like, for controlling the operation
of a
> computer system, but which is not in a form that would be suitable for
> execution directly on computer hardware.
>
> 1.8 SOURCE CODE PRODUCT means a SCO software offering, primarily in SOURCE
CODE
> form. Such offering may also include OBJECT CODE components.
>
> 1.9 SUCCESSOR OPERATING SYSTEM means a SCO software offering that is (i)
> specifically designed for a 16-Bit computer, or (ii) the 32V version, and
(iii)
> specifically excludes UNIX System V and
> successor operating systems.
>
> 2. GRANT OF RIGHTS
>
> 2.1 (a) SCO grants to LICENSEE a personal, nontransferable and
nonexclusive
> right to use, in the AUTHORIZED COUNTRY, each SOURCE CODE PRODUCT
identified in
> Section 3 of this AGREEMENT, solely for personal use (as restricted in
Section
> 2.1(b)) and solely on or in conjunction with DESIGNATED CPUs, and/or
Networks
> of CPUs, licensed by LICENSEE through this SPECIAL SOFTWARE LICENSE
AGREEMENT
> for such SOURCE CODE PRODUCT. Such right to use
> includes the right to modify such SOURCE CODE PRODUCT and to prepare
DERIVED
> BINARY PRODUCT based on such SOURCE CODE PRODUCT, provided that any such
> modification or DERIVED BINARY PRODUCT that contains any part of a SOURCE
CODE
> PRODUCT subject to this
> AGREEMENT is treated hereunder the same as such SOURCE CODE PRODUCT. SCO
claims
> no ownership interest in any portion of such a modification or DERIVED
BINARY
> PRODUCT that is not part of a SOURCE CODE PRODUCT.
>
> (b) Personal use is limited to noncommercial uses. Any such use made in
> connection with the development of enhancements or modifications to SOURCE
CODE
> PRODUCTS is permitted only if (i) neither the results of such use nor any
> enhancement or modification so developed is intended primarily for the
benefit
> of a third party and (ii) any copy of any such result, enhancement or
> modification, furnished by LICENSEE to a third party holder of an
equivalent
> Software License with SCO where permitted by Section 8.4(b) below, is
furnished
> for no more than the cost of reproduction and shipping. Any such copy that
> includes any portion of a SOURCE CODE PRODUCT shall be subject tothe
provisions
> of such Section 8.4.
>
> (c) LICENSEE may produce printed and on-line copies of documentation
included
> with the SOURCE CODE PRODUCT as necessary for use with the DESIGNATED
CPUs. All
> copies must include a legally sufficient copyright notice and a statement
that
> the documents include a portion or all of SCO's copyrighted documentation,
> which is being reproduced with permission.
>
> (d) Commercial use by LICENSEE of SOURCE CODE PRODUCTS or of any result,
> enhancement or modification associated with the use of SOURCE CODE
PRODUCTS
> under this AGREEMENT is not permitted. Such commercial use is permissible
only
> pursuant to the terms of an appropriate commercial software agreement
between
> SCO or a corporate affiliate thereof and LICENSEE. For purposes of this
> AGREEMENT, commercial use includes, but is not limited to, furnishing
copies to
> third parties in a manner not permitted by Section 8.4(b).
>
> (e) SCO also grants LICENSEE a personal, nontransferable and nonexclusive
right
> to make copies of DERIVED BINARY PRODUCTS and, subject to U. S. Government
> export requirements and to Section 8.4(b), to furnish such copies directly
to
> other LICENSEES who have an equivalent Software License with SCO before or
at
> the time of furnishing each copy of a DERIVED BINARY PRODUCT.
>
> 2.2 (a) Any notice acknowledging a contribution of a third party appearing
in a
> SOURCE CODE PRODUCT shall be included in corresponding portions of DERIVED
> BINARY PRODUCTS made by LICENSEE.
>
> (b) Each portion of a DERIVED BINARY PRODUCT shall include an appropriate
> copyright notice. Such copyright notice may be the copyright notice or
notices
> appearing in or on the corresponding portions of the SOURCE CODE PRODUCT
on
> which such DERIVED BINARY PRODUCT is based or, if copyrightable changes
are
> made in developing such DERIVED BINARY PRODUCT, a copyright notice
> identifying the owner of such changes.
>
> 2.3 No right is granted hereunder to use any trademark of SCO (or a
corporate
> affiliate thereof). However, LICENSEE must state in packaging, labeling or
> otherwise that a DERIVED BINARY PRODUCT is derived from SCO's software
under
> license from SCO and identify such software (including any trademark,
provided
> the proprietor of the trademark is appropriately identified). LICENSEE
agrees
> not to use a name or trademark for a DERIVED BINARY PRODUCT that is
confusingly
> similar to a name or trademark used by SCO (or a corporate affiliate
thereof).
>
> 2.4 A single back-up CPU may be used as a substitute for the DESIGNATED
CPU
> without notice to SCO during any time when such DESIGNATED CPU is
inoperative
> because it is malfunctioning or undergoing repair, maintenance or other
> modification.
>
> 3. LICENSED SOURCE CODE PRODUCTS
>
> The SOURCE CODE PRODUCTS to which SCO grants rights under this AGREEMENT
are
> restricted to the following UNIX Operating Systems, including SUCCESSOR
> OPERATING SYSTEMs, that operate on the 16-Bit PDP-11 CPU and early
versions of
> the 32-Bit UNIX Operating System with specific exclusion of UNIX System V
and
> successor operating systems:
>
> 16-Bit UNIX Editions 1, 2, 3, 4, 5, 6, 7 32-bit 32V
>
> 4. DELIVERY
>
> SCO makes no guarantees or commitments that any SOURCE CODE PRODUCT is
> available from SCO. If available, and upon acceptance by LICENSEE of the
terms
> of this AGREEMENT, SCO will provide LICENSEE one (1) copy of such SOURCE
CODE
> PRODUCT via its FTP site established for such purpose.
>
> 5. EXPORT
>
> 5.1 LICENSEE agrees that it will not, without the prior written consent of
SCO,
> export, directly or indirectly, SOURCE CODE PRODUCTS covered by this
AGREEMENT
> to any country outside of the AUTHORIZED COUNTRY.
>
> 5.2 LICENSEE acknowledges that the SOURCE CODE PRODUCTS, the media, and
any
> immediate product (including processes) produced directly by the use of
any
> such SOURCE CODE PRODUCTS are subject to export controls under the U.S.
Export
> Administration Regulations and the export regulations of other countries.
> LICENSEE may not export or re-export, directly or indirectly, the SOURCE
CODE
> PRODUCTS, the media, any related technical information or materials
covered by
> this AGREEMENT, or any immediate product (including processes) produced
> directly by the use of any such SOURCE CODE PRODUCTS to any country that
is in
> violation of U.S. Export Administration Regulations and/or the export
> regulations of other countries unless an appropriate authorization from
the
> U.S. Commerce Department and any other relevant government authority has
been
> obtained.
>
> 5.3 LICENSEE agrees that its obligations under Sections 5.1 and 5.2 shall
> survive and continue after any termination of rights under this AGREEMENT.
>
> 6. FEES AND TAXES
>
> 6.1 The rights granted to LICENSEE for use of the SOURCE CODE PRODUCTS
> identified in Section 3 above are granted to LICENSEE at no charge.
>
> 6.2 LICENSEE shall pay all taxes (and any related interest or penalty),
however
> designated, imposed as a result of the existence or operation of this
> AGREEMENT, except (i) any tax imposed upon SCO (or a corporate affiliate
> thereof) in the jurisdiction in which LICENSEE is located if such tax is
> allowable as a credit against United States income taxes of SCO (or such
an
> affiliate) and (ii) any income tax imposed upon SCO (or such an affiliate)
by
> the United States or any governmental entity within the United States
proper
> (the fifty (50) states and the District of Columbia). To assist in
obtaining
> the credit identified in (i) of this Section 6.2, LICENSEE shall furnish
SCO
> with such evidence as may be required by United States taxing authorities
to
> establish that any such tax has been paid. If SCO is required to collect a
tax
> to be paid by LICENSEE, LICENSEE shall pay such tax to SCO on demand.
>
> 7. TERM
>
> 7.1 This AGREEMENT shall become effective on and as of the date of
acceptance
> of the terms of this AGREEMENT. The initial term of this AGREEMENT shall
be for
> one (1) year. Thereafter, the AGREEMENT will automatically renew for
successive
> one (1) year terms unless either party gives the other, no later than
ninety
> (90) days before the end of the initial term, or then current extension,
> written notice of its intent to terminate this AGREEMENT. Nothing in this
> AGREEMENT shall be construed to require either party to extend this
AGREEMENT
> beyond the initial term or any subsequent term.
>
> 7.2 LICENSEE may terminate its rights under this AGREEMENT by written
notice to
> SCO certifying that LICENSEE has discontinued use of and returned or
destroyed,
> at SCO's option, all copies of SOURCE CODE PRODUCTS subject to this
AGREEMENT.
>
> 7.3 If LICENSEE fails to fulfill one or more of its obligations under this
> AGREEMENT, SCO may, upon its election and in addition to any other
remedies it
> might have, at any time terminate all the rights granted by it hereunder
to
> LICENSEE. Upon such termination LICENSEE shall immediately discontinue use
of
> and return or destroy, at SCO's option, all copies of SOURCE CODE PRODUCTS
in
> its possession.
>
> 7.4 In the event of termination of LICENSEE's rights under Sections 7.2 or
7.3,
> (i) all fees that LICENSEE has become obligated to pay shall become
immediately
> due and payable and (ii) SCO shall have no obligation to refund any
amounts
> paid to it hereunder.
>
> 8. MISCELLANEOUS PROVISIONS
>
> 8.1 This AGREEMENT shall prevail notwithstanding any conflicting terms or
> legends which may appear in a SOURCE CODE PRODUCT.
>
> 8.2 SCO warrants that it is empowered to grant the rights granted herein.
SCO
> and other developers make no other representations or warranties,
expressly or
> impliedly. By way of example but not of limitation, SCO and other
developers
> make no representations or warranties of merchantability or fitness for
any
> particular purpose, or that the use of any SOURCE CODE PRODUCT will not
> infringe any patent, copyright or trademark. SCO and other developers
shall not
> be held to any liability with respect to any claim by LICENSEE, or a third
> party on account of, or arising from, the use of any SOURCE CODE PRODUCT.
>
> 8.3 Neither the execution of this AGREEMENT nor anything in any SOURCE
CODE
> PRODUCT shall be construed as an obligation upon SCO or any other
developer to
> furnish any person, including LICENSEE, any assistance of any kind
whatsoever,
> or any information or documentation.
>
> 8.4 (a) LICENSEE agrees that it shall hold all parts of the SOURCE CODE
> PRODUCTS subject to this AGREEMENT in confidence for SCO. LICENSEE further
> agrees that should it make such disclosure of any or all of such SOURCE
CODE
> PRODUCTS (including methods or concepts utilized therein) to anyone to
whom
> such disclosure is necessary to the use for which rights are granted
hereunder,
> LICENSEE shall appropriately notify each such person to whom any such
> disclosure is made that such disclosure is made in confidence and shall be
kept
> in confidence and have each such person sign a confidentiality agreement
> containing restrictions on disclosure substantially similar to those set
forth
> herein.
>
> If LICENSEE should become aware of a violation of SCO's intellectual
property
> and/or proprietary rights, LICENSEE shall promptly notify SCO and
cooperate
> with SCO in such enforcement.
>
> If information relating to a SOURCE CODE PRODUCT subject to this AGREEMENT
at
> any time becomes available without restriction to the general public by
acts
> not attributable to LICENSEE, LICENSEE's obligations under this section
shall
> not apply to such information after such time.
>
> (b) Notwithstanding the provisions of Section 8.4(a), LICENSEE may make
> available copies of a SOURCE CODE PRODUCT, either in modified or
unmodified
> form, to third parties in the AUTHORIZED COUNTRY having Source Code
Licenses of
> the same scope herewith from SCO for the same SOURCE CODE PRODUCT, if and
only
> if (i) LICENSEE first requests verification of the status of the recipient
by
> contacting SCO at the address contained in Section 8.8(a) or other number
> specified by SCO, and (ii) SCO gives written verification of the
recipient's
> software license status. LICENSEE shall maintain a record of each such
SOURCE
> CODE PRODUCT made available.
>
> 8.5 On SCO's request, but not more frequently than annually, LICENSEE
shall
> furnish to SCO a statement, listing the location, type and serial number
of the
> DESIGNATED CPU hereunder and stating that the use by LICENSEE of SOURCE
CODE
> PRODUCTS subject to this AGREEMENT has been reviewed and that each such
SOURCE
> CODE PRODUCT is being used solely on the DESIGNATED CPU (or temporarily on
a
> back-up CPU) for such SOURCE CODE PRODUCTS in full compliance with the
> provisions of this AGREEMENT.
>
> 8.6 The obligations of LICENSEE under Section 8.4 shall survive and
continue
> after any termination of rights under this AGREEMENT.
>
> 8.7 Neither this AGREEMENT nor any rights hereunder, in whole or in part,
shall
> be assignable or otherwise transferable by LICENSEE and any purported
> assignment or transfer shall be null and void.
>
> 8.8 (a) Correspondence with SCO relating to this AGREEMENT shall be sent
to:
>
> THE SANTA CRUZ OPERATION, INC.
> 400 Encinal Street
> Santa Cruz, California 95061-1900
> United States of America
>
> Attention: Law and Corporate Affairs
>
> 8.9 LICENSEE shall obtain all approvals from any governmental authority in
the
> AUTHORIZED COUNTRY required to effectuate this AGREEMENT according to its
> terms, including any such approvals required for LICENSEE to make payments
to
> SCO pursuant to this AGREEMENT. LICENSEE shall bear all expenses
associated
> with obtaining such approvals.
>
> 8.10 The construction and performance of this AGREEMENT shall be governed
by
> the laws of the State of California, USA.
>
>
> Click ACCEPT to proceed.
>
> [Buttons still work, in fact I just got my copy of Sys III :) ]
>
>
>
>
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>
> Last reviewed Mayl 2, 2000
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>
> --- Kenneth Stailey <kstailey at yahoo.com> wrote:
> > http://www.sco.com/offers/ancient_unix.html
> >
> > http://web.archive.org/web/*/http://www.sco.com/offers/ancient_unix.html
>
> ------
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