@(#)Add1.bsd.83.gov 1.1 (CSRG - distribution) 05/17/91
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5 ADDENDUM NUMBER ONE to FOURTH BERKELEY SOFTWARE DISTRIBUTION LICENSE (6/83) AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND THE FEDERAL GOVERNMENT
1.
The above-referenced License Agreement (``Agreement'')
entered into between The Regents of the University of California
(``Regents'') and the below-named Licensee controls Licensee's use
of release 4.2 of Regents' Fourth Berkeley Software Distribution
(``4BSD'') which was distributed upon execution of the Agreement.
Pursuant to the provisions of Article 2, ``Fees'', of Agreement,
release 4.3 of 4BSD, which is an update of release 4.2, is hereby made
available to Licensee under the same terms and conditions set forth in the
Agreement, except that the distribution fee for release
4.3 for previous licensees is six hundred dollars ($600.00) and for new
licensees is one thousand dollars ($1000.00).
2.
The parties agree that the computer software and computer software
documentation deliverable under this License Agreement are commercial
computer software as defined in Department of Defense Federal Acquisition
Regulation Supplement ("DOD FAR Supplement") 52.227.7013 (15 August
1985).
3.
Notwithstanding the provision of Paragraph (b) (3) (i) of DOD FAR
Supplement 52.227.7013, the government hereby agrees that upon
receipt of the computer software and computer software documentation
licensed herein, the government will affix to said software and
documentation the following Restricted Rights legend:
.QP
"Use, duplication or disclosure by the Government is
subject to the restrictions set forth in Government Purchase
Order No._____________________, the License Agreement between
The Regents of the University of California and the Government
(Rev. 4/86), and the Software Agreement between AT&T and the
Government, No. ___________________.
4.
It is further agreed that in the event LICENSEE desires to
have a contractor, subcontractor, agent of the government,
or any other party use the licensed computer software and
computer software documentation in the performance of an
agreement between LICENSEE and said party, LICENSEE may
issue a sublicense to said party ("sublicensee") to use, but
not further sublicense, said software and documentation provided
such sublicense is in writing and requires the sublicensee
to abide by the terms and conditions of this License Agreement.
5.
LICENSEE agrees to abide by the terms and conditions of this
License Agreement to the extent permitted by federal law.
6.
The provisions of paragraph 10 of this License Agreement
shall not be interpreted to waive the rights of LICENSEE
under DOD FAR Supplement 27.404-1 (d), which implements
28 United States Code section 1498.
7.
The provisions of paragraphs 11 and 12 are agreed upon to
the extent permitted by 31 United States Code section 1341
(Subtitle II, Chapter 13, Subchapter III, "Limitations on
Expending and Obligating Amounts").
8.
The term "Agreement" referenced in paragraph 16 refers to
this License Agreement, Addendum No. 1 to this License
Agreement, and Government Purchase Order No. ________________.
In the event of a conflict between the foregoing documents, the
terms and conditions of the License Agreement and Addendum Number
One thereto shall prevail.
9.
Under no circumstances shall the Government have unrestricted
rights in the computer software and computer software
documentation.
IN WITNESS WHEREOF, Regents and Licensee have executed this Amendment Number One on the dates specified below. The effective date of this amendment shall be the date of execution by Regents.
THE REGENTS OF THE UNIVERSITY~~ |
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