Data General Personal use license for Nova and Eclipse

Original at http://www.novasareforever.org/dgsw

License Agreement for Hobbyist and Non-Commercial Use of DG Software
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By downloading or using the SOFTWARE you agree to be bound by the following terms and conditions.

1) DEFINITIONS

“WILD HARE” shall mean Wild Hare Computer Systems, Inc., a Colorado, USA, corporation.

“SOFTWARE” shall mean the software created by Data General Corporation that runs on the Nova, Eclipse, MV and/or AViiON computer systems.

“WILD HARE’S INTELLECTUAL PROPERTY RIGHTS” shall mean WILD HARE’s copyright and trade secret rights in SOFTWARE.

“CUSTOMER” shall mean any person, corporation, or other entity, that downloads or uses SOFTWARE.

2) LICENSE GRANT

2.1 WILD HARE grants to CUSTOMER a non-exclusive, royalty-free license under WILD HARE’s INTELLECTUAL PROPERTY RIGHTS to use the SOFTWARE solely for personal hobbyist, educational and non-commercial purposes.

2.2 The below copyright notice and this permission notice shall be included in all CUSTOMER copies, or substantial portions, of the SOFTWARE.

2.3 Commercial or professional use, including governmental use, requires execution of a separate commercial license with WILD HARE.

3) SOFTWARE TRANSFER AND ACCEPTANCE

3.1 CUSTOMER acknowledges that it accepts the SOFTWARE “AS IS”.

3.2 WILD HARE is under NO obligation to supply error corrections or updates to the SOFTWARE, whether or not they become available, or to provide training, support or consulting for the SOFTWARE.

4) WARRANTY DISCLAIMER/LIMITATION OF LIABILITY

4.1 Wild Hare Computer Systems, Inc., DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SOFTWARE LICENSED TO CUSTOMER HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL Wild Hare Computer Systems, Inc., 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 LICENSED HEREUNDER.

4.2 Except as contained in this notice, the name of Wild Hare Computer Systems, Inc., shall not be used in advertising or otherwise to promote the sale, use or other dealings in this SOFTWARE without prior written authorization from Wild Hare Computer Systems, Inc.

5) INDEMNITY

CUSTOMER will hold WILD HARE harmless against all liabilities, demands, damages, expenses, or losses arising out of use by CUSTOMER of SOFTWARE 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, WILD HARE 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 provided to CUSTOMER under this Agreement. CUSTOMER further shall cease to use and distribute the SOFTWARE in all forms immediately upon the date of termination.

7) GENERAL TERMS

7.1 This Agreement shall be governed by the laws of the State of Colorado.

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

7.3 The SOFTWARE 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 WILD HARE or any product produced directly from the SOFTWARE.

7.4 The waiver of a breach hereunder may be effected only by advanced written notice provided by the party requesting the waiver, 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.

Wild Hare Computer Systems, Inc. PO Box 22475 Denver, Colorado 80222-0475 USA www.WildHareComputers.com

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