Subject: Re: PDP-11 Unix - license agreement?

From: Dion <[email-masked]>
Date: Thu, 12 Sep 96 7:50:52 PDT

I am pestering the licensing powers again.  

	From ns.pdev.sco.com!sco.sco.com!dolphin-20.cs.adfa.oz.au!cs.adfa.oz.au!wkt Wed Sep 11 20:32:32 1996
	From: Warren Toomey <[email-masked]>
	Subject: PDP-11 Unix - license agreement?
	To: [email-masked]
	Date: Thu, 12 Sep 1996 13:25:40 +1000 (EST)
	Cc: Warren Toomey <[email-masked]>
	
	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.