Subject: PDP-11 Unix - license agreement?

From: wkt (Warren Toomey)
Date: Thu, 12 Sep 1996 13:25:40 +1000 (EST)

Dion,
	A while back I received email from Mike Tilson about the PDP-11
versions of Unix. He said that he would like some sort of hobbyist licenses
to be avilable for PDP Unixes, but that SCO had to protect their large
investment in the intellectal rights to Unix. He said that any license
agreement would have to protect these intellectual rights.

	Just now, I received an email from Bob Supnik, also a PDP-11
enthusiast which contains the license agreement from DEC for OS/8.
Perhaps something along this line, merged with SCO's standard source
code license agreements might fit the bill?

	Finally, Mike Tilson said that you were doing a great job at
representing the interests of the PDP-11 enthusiasts. Many thanks for
all your efforts!

	Cheers & thanks again,

		Warren	[email-masked]

[attached os/8 license]
Digital License Agreement

This document is your Proof of License and the legal agreement governing your
use of the OS/8 software.

1 DEFINITION

SOFTWARE TECHNOLOGY shall mean the sources and binaries to the OS/8, an
operating system that runs on PDP-8 computers.

DIGITAL'S INTELLECTUAL PROPERTY RIGHTS shall mean DIGITAL's patent, copyright
and trade secret rights in its SOFTWARE TECHNOLOGY.

2 LICENSE GRANT

Digital grants to Customer a worldwide, non-exclusive, royalty-free license
under DIGITAL's INTELLECTUAL PROPERTY RIGHTS to reproduce, modify, use and
distribute the SOFTWARE TECHNOLOGY solely for non-commercial uses.

3 TECHNOLOGY TRANSFER AND ACCEPTANCE

3.1 CUSTOMER acknowledges that it accepts the SOFTWARE TECHNOLOGY "AS IS".

3.2 DIGITAL is under no obligation to supply error corrections or updates to
the SOFTWARE TECHNOLOGY as they become available, or to provide training,
support or consulting for the SOFTWARE TECHNOLOGY.

4 WARRANTY DISCLAIMER/LIMITATION OF LIABILITY

DIGITAL DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SOFTWARE TECHNOLOGY
LICENSED TO CUSTOMER HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL DIGITAL BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY
SOFTWARE TECHNOLOGY LICENSE HEREUNDER.

5 INDEMNITY

CUSTOMER will hold DIGITAL harmless against all liabilities, demands,
damages, expenses, or losses arising out of use by CUSTOMER of SOFTWARE
TECHNOLOGY or information furnished under this Agreement.

6 TERM AND TERMINATION

6.1 This Agreement shall be effective until otherwise terminated.
Either party may terminate this Agreement at any time upon 30 days written
notice.

6.2 If CUSTOMER shall fail to perform or observe any of the terms and
conditions to be performed or observed by it under this Agreement, DIGITAL
may in its sole discretion thereafter elect to terminate this Agreement, and
this Agreement and all the obligations owed and rights granted herein to
CUSTOMER shall immediately terminate.

6.3 The parties agree that the termination of this Agreement shall not
release either party from any other liability which shall have accrued to the
other party at the time such termination becomes effective, nor affect in any
manner the survival of any right, duty or obligation of either party.

6.4 In the event of any termination of this Agreement for any reason,
CUSTOMER shall delete all original and all whole or partial copies and
derivatives of the SOFTWARE TECHNOLOGY provided to CUSTOMER under this
Agreement.

CUSTOMER further shall cease to use and distribute the SOFTWARE TECHNOLOGY
in all forms immediately upon the date of termination.

7 GENERAL TERMS

7.1 This Agreement shall be governed by the laws of the Commonwealth of
Massachusetts.

7.2 This Agreement imposes personal obligations on CUSTOMER. CUSTOMER shall
not assign any rights under this Agreement not specifically transferable by
its terms without the written consent of DIGITAL.

7.3 The SOFTWARE TECHNOLOGY obtained under this Agreement may be subject to
US and other government export control regulations. CUSTOMER assures that it
will comply with these regulations whenever it exports or re-exports a
controlled product or technical data obtained from DIGITAL or any product
produced directly from the SOFTWARE TECHNOLOGY.

7.4 The waiver of a breach hereunder may be effected only by a writing signed
by the waiving party and shall not constitute a waiver of any other breach.

7.5 CUSTOMER acknowledges that he has read this Agreement, understands it and
agrees to be bound by its term and further agrees that it is the complete and
exclusive statement of the Agreement between the parties which supersedes all
communications and understanding between the parties relating to the subject
matter of this Agreement.