DEC Personal use license for TOPS-10 and TOPS-20
These licenses were granted on request and filed in DEC’s corporate licensing office. When that disbanded, the filing stopped, but the terms remained. No signature was required.
LICENSE AGREEMENT
This Agreement, dated ________________, is entered into by Digital Equipment Corporation, a Massachusetts corporation with principal offices at 111 Powdermill Road, Maynard, MA 01752 (DIGITAL), and
_____________________________________________ having a residence at
___________________________________________________________________
(“CUSTOMER”).
Whereas, DIGITAL has developed TOPS-10 and TOPS-20 Operating System software technology and is prepared to grant a non-exclusive license to use such software technology for personal, non-commercial purposes;
Whereas, CUSTOMER desires to enter into a License Agreement which will allow CUSTOMER to use such software technology at his or her residence for personal, non-commercial purposes;
DIGITAL and CUSTOMER agree as follows:
1 DEFINITIONS
SOFTWARE TECHNOLOGY shall mean the sources and binaries to the TOPS-10 and TOPS-20 (operating systems), and associated utilities and layered products that run on PDP-10 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 use and modify the SOFTWARE TECHNOLOGY solely for personal, non-commercial uses.
3 TECHNOLOGY TRANSFER AND ACCEPTANCE
3.1 CUSTOMER is responsible for obtaining copies of SOFTWARE TECHNOLOGY and accepts the SOFTWARE TECHNOLOGY “AS IS”.
3.2 DIGITAL is under no obligation to supply SOFTWARE TECHNOLOGY, documentation, error corrections or updates to the SOFTWARE TECHNOLOGY if or when 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 OR DATA, 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 LICENSED 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 from his or her computer system. 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 terms 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.