264 lines
11 KiB
Plaintext
264 lines
11 KiB
Plaintext
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From jwright@atanasoff.cs.iastate.edu Thu Sep 7 01:14:35 1989
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Flags: 000000000001
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Received: from atanasoff.cs.iastate.edu by rascal.ics.utexas.edu (3.2/4.22)
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id AA12347; Thu, 7 Sep 89 01:14:09 CDT
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Received: by atanasoff.cs.iastate.edu (3.24.1) id AA28281; Thu, 7 Sep 89 01:12:42 CDT
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Date: Thu, 7 Sep 89 01:12:42 CDT
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From: jwright@atanasoff.cs.iastate.edu (Jim Wright)
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Message-Id: <8909070612.AA28281@atanasoff.cs.iastate.edu>
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To: werner@rascal.ics.UTEXAS.EDU
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Subject: Re: Results of site name survey
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Here's the article in which it appeared. To be sure, this little gem
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got its share of lampooning. One of the Commodore folks even posted
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saying that the lawyer who wrote it admitted it "wasn't too clear". :-)
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Jim
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===========================================================================
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In article <19679@usc.edu> papa@pollux.usc.edu (Marco Papa) writes:
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>In article <1989Sep3.015931.9016@csusac.csus.edu> monsoor@csusac.csus.edu (Matt Monsoor) writes:
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>|I have heard about the upgrade to WorkBench 1.3 and some of our members have
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>|copies (one each member). Is there somthing wrong with posting the upgrade
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>|on our club board? Does it cost to upgrade??? How can 'I' get a copy??
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>
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>WB 1.3.2 was posted on BIX's closed Developer Conference and was marked NOT
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>FOR DISTRIBUTION for the simple reason that it has not passed QA testing yet.
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>Some bozo developer posted it on a BBS. It is clearly illegal to do so.
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The above actually referred to WB 1.3.1 beta. WB 1.3.2 was posted on BIX's
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'open' developer conference. It comes with an "interesting" software license
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agreement, which I am enclosing here for your edification :-) It is rumored
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that it is closely resembling Apple's software licenses. Sorry for the foulup.
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Enjoy.
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Marco
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--------------
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SINGLE COMPUTER END-USER
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SOFTWARE LICENSE AGREEMENT
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PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS
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SOFTWARE. ANY DOWNLOADING, REPRODUCTION, COPYING OR OTHER USE OF THE
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SOFTWARE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU
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DO NOT AGREE WITH THEM YOU SHOULD DISCONTINUE THIS TRANSMISSION.
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I. LICENSE
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Commodore-Amiga, Inc. ("Commodore") makes this Software available
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subject to the following non-exclusive license. You are responsible
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for selecting the appropriate Software (computer programs and related
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documentation) to meet your needs, and for its installation, use and
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results.
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A. This license allows you to:
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1. Use the Software only on a single AMIGA computer.
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You must obtain a supplementary license from Commodore before
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using the Software in connection with any other use;
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2. Download the Software only on media that is
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compatible with the AMIGA;
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3. Make one copy of the Software in any machine
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readable form for backup purposes. The Software is protected by
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United States copyright law. You must reproduce the Commodore
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copyright notice on any copy of the Software; and
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4. Configure the Software for your own use by adding
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or removing fonts, desk accessories and/or device drivers.
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THE SOFTWARE MAY BE USED ONLY FOR PERSONAL OR NON-COMMERCIAL USES
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ON AMIGA COMPUTERS AND MAY NOT BE USED FOR COMMERCIAL PURPOSES OR
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REDISTRIBUTED WITHOUT AN EXPRESS LICENSE FROM COMMODORE (available
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>From Commodore's Software Licensing Department).
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B. Commodore reserves all rights not expressly granted to you
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above.
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C. The following activities are expressly prohibited by this
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license:
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1. The Software contains trade secrets and in order to
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protect them you may not decompile, reverse engineer, disassemble
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or otherwise reduce the Software to a human perceivable form.
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You agree not to directly or indirectly divulge to any person or
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entity the Software, or any trade secrets related to the Software,
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until such time as Commodore makes such information available to
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the public without restriction. YOU SPECIFICALLY AGREE NOT TO
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DECOMPILE, MODIFY, NETWORK, RENT, LEASE, LOAN, SELL OR DISTRIBUTE
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THE SOFTWARE, OR ANY COPY, IN WHOLE OR IN PART. YOU UNDERSTAND THAT
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UNAUTHORIZED REPRODUCTION OF A COPY OF THE SOFTWARE OR UNAUTHORIZED
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TRANSFER OF ANY COPY OF THE SOFTWARE MAY SUBJECT YOU TO A LAWSUIT
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FOR DAMAGES, INJUNCTIVE RELIEF, AND ATTORNEY'S FEES.
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2. You agree and certify that neither the Software nor
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any other technical data received from Commodore or the direct
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product thereof, is being or will be downloaded, shipped,
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transferred or reexported, directly or indirectly to Country
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Groups Q, S, W, Y, or Z (see Attachment 1) or Afghanistan or the
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People's Republic of China, without prior written approval from
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Commodore and either a validated export license or written permission
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from the U.S. Office of Export Administration.
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3. You agree and certify that you will not use, ship,
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transfer, or reexport any Software or other technical data, or any
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direct product thereof, related to any commodity that will be used
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directly or indirectly in the following activities (or in the
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training of personnel for such activities), whether or not it is
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specifically designed or modified for such activities;
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(i) designing, developing, fabricating or
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testing nuclear weapons or nuclear explosive devices;
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(ii) designing, constructing, fabricating, or
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operating the following facilities, or components for
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such facilities;
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(a) the chemical processing or irradiated
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special nuclear or source material;
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(b) the production of heavy water;
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(c) the separation of isotopes of source
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and special nuclear material;
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(d) the fabrication of nuclear reactor fuel
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containing plutonium.
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II. TERM
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The license is effective until terminated. You may terminate it
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at any time by destroying the Software together with all copies. The
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license will also terminate if you fail to comply with any of the terms or
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conditions of this Agreement. You agree upon such termination to destroy all
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copies of the Software.
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III. DISCLAIMER OF WARRANTY
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THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
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EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ITS MERCHANTABILITY
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OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY
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AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE
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DEFECTIVE, YOU (AND NOT COMMODORE OR A COMMODORE AUTHORIZED REPRESENTATIVE)
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ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
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Commodore does not warrant that the functions contained in the
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Software will meet your requirements or that the operation of the Software
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will be uninterrupted or error free or that defects in the Software will be
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corrected.
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SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
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ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
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RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
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IV. LIMITATION OF REMEDIES
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IN NO EVENT WILL COMMODORE OR ITS AFFILIATED COMPANIES BE LIABLE TO
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YOU FOR ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL OR
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CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY
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SOFTWARE EVEN IF COMMODORE OR AN AUTHORIZED COMMODORE REPRESENTATIVE HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
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OTHER PARTY.
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SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
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FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION
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MAY NOT APPLY TO YOU.
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Commodore's liability to you for actual damages for any cause
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whatsoever, and regardless of the form of the action, will be limited to
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the money paid to Commodore for the Software that caused the damages or that
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is the subject matter of, or is directly related to, the cause of action.
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V. GOVERNMENT END-USERS
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If this Software is acquired by or on behalf of a unit or agency of
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the United States Government this provision applies. This Software: (a)
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was developed at private expense, and no part of it was developed with
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government funds, (b) is a trade secret of Commodore for all purposes of the
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Freedom of Information Act, (c) is "commercial computer software" subject to
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limited utilization as provided in the contract between the vendor and the
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governmental entity and (d) in all respects is proprietary data belonging
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solely to Commodore.
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For units of the Department of Defense (DoD), this Software is sold
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only with "Restricted Rights" as that term is defined in the DoD Supplement
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to the Federal Acquisition Regulations, 52.227-7013 (b) (3) (ii) and:
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Use, duplication or disclosure is subject to restrictions as set
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forth in subdivision (b) (3) (ii) of the Rights in Technical Data and
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Computer Software clause at 52.227-7013. Manufacturer: Commodore,
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1200 Wilson Drive, West Chester, PA 19380.
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If this Software was acquired under a GSA Schedule the
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Government has agreed to refrain from changing or removing any insignia
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or lettering from the Software that is provided or from producing copies
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of manuals or disks (except one copy for backup purposes) and:
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1. Title to and ownership of this Software and
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documentation and any reproductions thereof shall remain
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with Commodore-Amiga, Inc.
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2. Use of this Software and documentation shall be
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limited to the facility for which it is acquired; and
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3. If use of the Software is discontinued to the
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installation specified in the purchase/delivery order and the
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Government desires to use it at another location, it may do so
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by giving prior written notice to Commodore-Amiga, Inc.,
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specifying the type of computer and new location site.
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Governmental personnel using this Commodore Software, other than
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under a DoD contract or GSA Schedule, are hereby on notice that
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use of this Software is subject to restrictions which are the same
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as or similar to those specified above.
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VI. GENERAL
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Any attempt to network, rent lease, or sublicense the Software
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or to transfer any of the rights, duties or obligations under this
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Agreement is void.
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This Agreement will be construed under the laws of the state of
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Pennsylvania, except for that body of laws dealing with conflict
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of laws. If any provision of this Agreement shall be held by a
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court of competent jurisdiction to be contrary to law, that
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provision will be enforced to the maximum extent permissible, and
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the remaining provisions of this Agreement shall remain in full
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force and effect.
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RJG/908:smk
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ATTACHMENT 1
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(Note that this list is current as of January 28, 1987. You should check
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with the Office of Export Administration for any subsequent updates or
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revisions.)
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Country Group Q Country Group Y
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Romania Albania
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Bulgaria
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Czechoslovakia
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Country Group S Estonia
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Libya German Democratic Republic
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Laos
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Country Group W Latvia
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Hungary Lithuania
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Poland Mongolian People's Republic
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USSR
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Country Group Z
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Cuba
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Cambodia
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North Korea
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Vietnam
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-----
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-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
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uucp:...!pollux!papa BIX:papa ARPAnet:pollux!papa@oberon.usc.edu
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"There's Alpha, Beta, Gamma, Diga and Caligari!" -- Rick Unland
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-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
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