@(#)license 1.5 (CSRG - distribution) 05/22/91
.nr LL 6.8i .OF '30 April 1991''' .EF '30 April 1991''' .ls 2

2 BSD NETWORKING SOFTWARE, RELEASE 2 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 BSD Networking Software Release 2, 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:

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. Fee. LICENSEE shall pay THE REGENTS the sum of $895.00 as the 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. 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, 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. 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 RIGHT OF A THIRD PARTY. THE LIMITATION OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT IS APPLICABLE TO THIS PARAGRAPH. Indemnification. LICENSEE agrees to indemnify, defend and hold harmless The Regents of the University of California and the Other Contributors, 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 or the Other Contributors, 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 BSD Networking Software, Release 2 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 and the Other Contributors, 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 BSD Networking Software, Release 2. 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 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, 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 2 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 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. 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 8. Source Code. THE REGENTS will deliver to LICENSEE one copy of source code materials for LICENSED MATERIAL as noted in Attachment A. Authority. LICENSEE warrants that the individual who executes this license on behalf of LICENSEE is authorized to do so by LICENSEE. California Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 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. 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'