@(#)license 1.1 (CSRG - distribution) 3/17/92.nr LL 6.8i
.OF '1 January 1989'''
.EF '1 Janurary 1989'''
.ls 2
2
BSD NETWORKING SOFTWARE, RELEASE 1 LICENSE AGREEMENT
University of California, Berkeley
.nr PS 10
.nr FT H
.ls 1
This LICENSE AGREEMENT is made and entered into this
\l'1.0i'
day of
\l'1.0i'
, 19
\l'0.25i'
, by and between THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA, a California corporation, hereinafter called
"THE REGENTS", and
\l'3.5i'
having its principal office at
\l'2.5i'\|,
hereinafter called "LICENSEE".
.nr FT HB
THE REGENTS hold the copyright to original Computer Programs
and documentation known as BSD Networking Software, Release 1,
hereinafter called "LICENSED MATERIAL"; and LICENSEE desires
to obtain from THE REGENTS, 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.
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.
LICENSEE may terminate this agreement
upon thirty (30) days written notice to THE REGENTS.
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.
2.
Fee. LICENSEE shall pay THE REGENTS the sum of $400.00
as a one-time signing fee for the LICENSED MATERIAL.
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.
3.
Lack of Warranty. 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.
THE REGENTS shall not be liable for any costs, damages,
fees, or other liability, nor for any indirect, special,
incidental, or consequential damages (including lost profits)
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.
4.
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.
This software has not been tested for compilation or operation
with any operating systems other than 4.3BSD.
5.
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.
6.
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) 1988, 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 BSD Networking Software, Release 1
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.
7.
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 6.
8.
Source Code. THE REGENTS will deliver to
LICENSEE one copy of source code materials
for LICENSED MATERIAL as noted in Attachment A.
9.
Authority. THE REGENTS warrants that THE REGENTS have legal right
to grant LICENSEE the license
as set forth herein.
LICENSEE represents that the individual who
executes this license on behalf of LICENSEE
is authorized to do so by LICENSEE.
10.
California Law. This Agreement shall be governed
by and construed in accordance with the laws of the State of
California.
11.
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.
12.
Modification. Any modification to this Agreement
must be in writing and signed by both parties.
13.
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 parties hereto have executed this Agreement
as of the latest date set forth below:
|
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' |
|