@(#)Add2.bsd.83.gov 1.1 (CSRG - distribution) 05/17/91
.nr PO 0.6875i .nr LL 6.625i .ND

5 ADDENDUM NUMBER TWO to FOURTH BERKELEY SOFTWARE DISTRIBUTION LICENSE (6/83) AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND THE FEDERAL GOVERNMENT

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). 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). 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. ___________________. 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. LICENSEE agrees to abide by the terms and conditions of this License Agreement to the extent permitted by federal law. 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. 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"). 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. 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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