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