@(#)license 1.2 (Berkeley) 02/06/92.nr LL 6.8i
.OF '6 February 1991'''
.EF '6 February 1991'''
.ls 2
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'1.85i'
\l'1.5i'
having its principal office at
\l'2.75i'\|,
hereinafter called "LICENSEE",
and shall become effective
on the date of execution by THE REGENTS OF THE UNIVERSITY OF CALIFORNIA.
.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:
1.
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."
2.
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.
THE REGENTS may terminate this agreement by thirty (30)
days notice to LICENSEE, if LICENSEE is in
breach of this agreement and fails to correct
such breach within that time.
3.
Fee. LICENSEE shall pay THE REGENTS the sum of $850.00
as the fee for the LICENSED MATERIAL
unless indicated otherwise 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.
4.
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.
5.
Lack of Services. LICENSEE ACKNOWLEDGES THAT THE
LICENSED MATERIAL
IS BEING SUPPLIED "AS IS," WITHOUT ANY
ACCOMPANYING SERVICES FROM THE REGENTS,
FOR THE PURPOSES
OF EDUCATIONAL AND SCIENTIFIC COLLABORATION AIMED AT FURTHER DEVELOPMENT
AND APPLICATION OF THE PROGRAM AND THE EXCHANGE OF TECHNICAL DATA.
THE REGENTS DOES NOT WARRANT THAT THE OPERATION OF THE PROGRAM
WILL BE UNINTERRUPTED OR ERROR-FREE.
6.
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.
7.
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 RIGHT 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 RIGHT.
8.
Indemnification. LICENSEE agrees to indemnify, defend and hold harmless The Regents of
the University of California, their 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 rights infringement
based in any manner on LICENSEE's use of 4.4BSD-LITE.
9.
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.
10.
Copyright Notice and Acknowledgement. LICENSEE
may reproduce or
distribute any copies of the LICENSED MATERIAL
or derivative works, in source or binary form,
as long as the original copyright notice is retained by
LICENSEE in redistributed source code, and appropriate
credit is given to the
Electrical Engineering and Computer Science
Department of the University of California at Berkeley.
This obligation will be considered met if
LICENSEE includes
"Copyright (c) 1989, 1991, 1992, The Regents of the University of California"
on the label for electronic media
containing source or binary code, and the
statement regarding derivation appears on the
cover page of the installation or release documentation
accompanying the electronic media,
such statement to include
"This software and documentation
is based in part on 4.4BSD-Lite
licensed from The Regents of the University of
California. We acknowledge the
role of the
Computer Systems Research Group and the
Electrical Engineering and Computer Sciences Department
of the University of California at Berkeley and the Other
Contributors in its development."
Advertisements or other promotional literature for
products or features based on LICENSED MATERIAL
should acknowledge the role of the University
of California, Berkeley.
However, the name of the University may not be used to
endorse or promote products derived from this software
without specific prior written permission.
11.
Enhancements. LICENSEE may enhance, modify, or correct
the LICENSED MATERIAL, may merge it into other material,
and may use, reproduce, and distribute the LICENSED MATERIAL as
modified.
However, the modified version is still
subject to the copyright and acknowledgement provisions
noted in Section 10.
12.
Source Code. THE REGENTS will deliver to
LICENSEE one copy of source code materials
for LICENSED MATERIAL as noted in Attachment A.
13.
Authority. LICENSEE warrants that the individual who executes
this license on behalf of LICENSEE
is authorized to do so by LICENSEE.
14.
California Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of
California.
15.
Entire Agreement. This Agreement contains the entire
Agreement between the parties and supersedes all prior written or
oral agreements with respect to the subject matter hereof.
16.
Modification. Any modification to this Agreement
must be in writing and signed by both parties.
17.
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' |
|