@(#)license 1.13 (Berkeley) 03/28/94

.nr LL 6.8i .OF '(3/94)''' .EF '(3/94)'''

2 4.4BSD-LITE LICENSE AGREEMENT University of California, Berkeley .nr PS 10 .nr FT H .ls 1

This LICENSE AGREEMENT is made and entered into by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, a California corporation, hereinafter called ``THE REGENTS'', and \l'3.4i' having its principal office at \l'4.00i'\|, hereinafter called ``LICENSEE'', and shall become effective on the date of execution by THE REGENTS. .nr FT HB

LICENSEE desires to obtain from THE REGENTS the Computer Programs and documentation known as 4.4BSD-LITE, hereinafter called ``LICENSED MATERIAL,'' and THE REGENTS desires to grant to LICENSEE, a license to use LICENSED MATERIAL. THE REGENTS hereby grants to LICENSEE a non-exclusive, non-transferable, and perpetual license to use the LICENSED MATERIAL upon the terms and conditions hereinafter set forth:

Other Contributors. The term ``Other Contributors'' as used herein refers to persons or entities not employed by or affiliated with THE REGENTS who have contributed software included in the LICENSED MATERIAL. Term. The term of this Agreement shall commence on the date hereof, and unless sooner terminated as hereinafter set forth, shall be perpetual. Upon termination of this Agreement, LICENSEE will cease to use and distribute the LICENSED MATERIAL. If THE REGENTS gives thirty (30) days' notice to LICENSEE of LICENSEE'S breach of this Agreement and LICENSEE fails to cure said breach within said thirty (30) day period, this Agreement shall terminate. Fee. LICENSEE shall pay THE REGENTS the sum of $1000.00 as the fee for the LICENSED MATERIAL as indicated on Exhibit A, which is incorporated into this Agreement. Payment shall be made by LICENSEE upon execution of this Agreement by check or money order made payable to: The Regents of the University of California and mailed to: Computer Systems Research Group, 457 Evans Hall, University of California, Berkeley, California 94720. Disclaimer of Warranties. THE REGENTS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE LICENSED MATERIAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Lack of Services. LICENSEE ACKNOWLEDGES THAT THE LICENSED MATERIAL IS BEING SUPPLIED ``AS IS,'' WITHOUT ANY ACCOMPANYING SERVICES FROM THE REGENTS. THE REGENTS DOES NOT WARRANT THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE. Title. LICENSEE agrees that the LICENSED MATERIAL is, and shall at all times remain, the property of THE REGENTS. LICENSEE shall have no right, title or interest therein or thereto except as expressly set forth in this License Agreement. Disclaimer of Proprietary Rights Warranty. THE REGENTS DOES NOT WARRANT THAT THE USE OF THE LICENSED MATERIAL WILL NOT INFRINGE ANY COPYRIGHT, TRADE SECRET, PATENT, OR OTHER PROPRIETARY OR CONTRACTUAL RIGHTS OF ANOTHER PARTY. THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT IS APPLICABLE TO ANY CLAIM THAT 4.4BSD-LITE, OR ANY PORTION THEREOF, INFRINGES ANOTHER'S COPYRIGHT, TRADE SECRET, PATENT, OR OTHER PROPRIETARY OR CONTRACTUAL RIGHTS. Indemnification. LICENSEE agrees to indemnify, defend and hold harmless The Regents of the University of California, its successors, agents, officers, and employees, either in their individual capacities or by reason of their relationship to The Regents of the University of California, with respect to any expense, claim, liability, loss or damages, including any direct, indirect, special, incidental, or consequential damages (including lost profits), whether incurred, made or suffered by LICENSEE or any of its sublicensees or by other third parties, in connection with or in any way arising out of the furnishing, sublicensing, performance or use of the 4.4BSD-LITE in connection with this Agreement. LICENSEE's obligations include, but are not limited to, its obligation to indemnify, defend, and hold The Regents of the University of California, their agents, officers and employees harmless in the case of any claim of copyright, trade secret, patent, or any other type of proprietary or contractual rights infringement based in any manner on LICENSEE's use of 4.4BSD-LITE. Limitation of Liability THE REGENTS SHALL NOT BE LIABLE FOR ANY COSTS, DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING LOST PROFITS), FEES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, OR OTHER LIABILITY WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING FROM THIS AGREEMENT OR USE OF THE LICENSED MATERIAL. Copyright Notice and Acknowledgement. LICENSEE may reproduce and/or distribute any copies of the LICENSED MATERIAL or derivative works, in source or binary form, provided LICENSEE complies with the requirements set forth in Exhibit B. In addition, any written materials, including, but not limited to, documentation, shall include the appropriate copyright notice and the acknowledgement set forth in paragraph 3 of Exhibit B. Sublicensing and Modification of LICENSED MATERIAL. LICENSEE may use, enhance, modify, or correct the LICENSED MATERIAL, may merge the LICENSED MATERIAL into other material, and may sublicense the LICENSED MATERIAL to others in its original form, or as enhanced, modified, or corrected by LICENSEE. The foregoing right is granted with the provision that the sublicense contain the terms and conditions set forth in paragraphs 4, 5, 7, 8, 9, and 10, of this Agreement. Source Code. THE REGENTS will deliver to LICENSEE one copy of source code materials for LICENSED MATERIAL as noted in Exhibit A. Authority. LICENSEE warrants that the individual who executes this license on behalf of LICENSEE is authorized to do so by LICENSEE. Governing Law. The laws of the State of California and the United States of America shall control this Agreement. Any dispute arising under this Agreement shall be heard by the appropriate State of California court or United States federal court in California. Entire Agreement. This Agreement, including Exhibits A and B, contains the entire Agreement between the parties and supersedes all prior written or oral agreements with respect to the subject matter hereof. Modification. Any modification to this Agreement must be in writing and signed by both parties. Assignment. This Agreement will not be assigned by LICENSEE to third parties without the prior written consent of THE REGENTS. .HB

IN WITNESS WHEREOF, THE REGENTS and LICENSEE have executed this Agreement on the dates specified below. The effective date of this Agreement shall be the date of execution by THE REGENTS.

LICENSEE:\l'2.15i'~~LICENSOR: THE REGENTS OF THE ~~ UNIVERSITY OF CALIFORNIA \l'2.937i'~~ By:\l'2.74i'~~By:\l'2.74i' Name:\l'2.55i'~~Name:\l'2.55i' Title:\l'2.6i'~~Title:\l'2.6i' Date:\l'2.6i'~~Date:\l'2.6i' .R .TE .bp .nr LL 6.8i .ls 4 2 "4.4BSD-LITE" "EXHIBIT A" \l'.5i' 4.4BSD, 9 track tape, 6250 bpi $1000 \l'.5i' 4.4BSD, 8mm Exabyte $1000 .bp .nr LL 5.8i .ls 4 2 "4.4BSD-LITE" "EXHIBIT B" .ls 1 Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the copyright notice which appears in the source code, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the copyright notice which appears in the source code, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the University of California, Berkeley, and its contributors. 4. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.