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1 Critical Mass License Agreement
2
3 Critical Mass Modula-3 (CM3)
4
5 1. Grant Of License. Critical Mass, Inc., 1770 Massachusetts Ave.
6 Cambridge, MA 02140 USA ("CRITICAL MASS"), grants to you
7 ("LICENSEE") the non-exclusive, non-transferable, royalty free
8 right to use, modify, reproduce and distribute Critical Mass
9 Modula-3 ("SOFTWARE") subject to the terms set forth herein. Any
10 distribution of SOFTWARE shall include this Critical Mass License
11 Agreement in human readable form.
12
13 2. Title to Intellectual Property and Software. Subject to the
14 limited rights and licenses granted under this License Agreement,
15 all rights, title and interests including patent, copyright, and
16 trademark rights in SOFTWARE are and shall remain vested in
17 CRITICAL MASS to the exclusion of LICENSEE. CRITICAL MASS
18 represents and warrants that CRITICAL MASS has the legal right to
19 grant such licenses as are expressly granted under this Agreement.
20
21 3. Copyright. The SOFTWARE is owned by CRITICAL MASS or its
22 suppliers and is protected by United States copyright laws and
23 international treaty provisions. Therefore, you must treat the
24 SOFTWARE like any other copyrighted material (e.g., a book or
25 musical recording) except that you may use the SOFTWARE as
26 provided in this Critical Mass License Agreement.
27
28 4. Improvements. LICENSEE hereby grants to CRITICAL MASS a
29 non-exclusive, non-transferable, royalty free right to use,
30 modify, reproduce and distribute with the right to sublicense at
31 any tier, any improvements, enhancements, extensions, or
32 modifications that LICENSEE make to SOFTWARE, provided such are
33 returned to CRITICAL MASS by LICENSEE.
34
35 5. DISCLAIMER OF WARRANTY. Because the SOFTWARE is a research work
36 and not a released product, it is provided "AS IS" WITHOUT
37 WARRANTY OF ANY KIND AND WITHOUT ANY SUPPORT SERVICES. EXCEPT AS
38 SPECIFICALLY PROVIDED ABOVE IN SECTION 2, CRITICAL MASS FURTHER
39 DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF
40 MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE
41 ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE
42 REMAINS WITH YOU.
43
44 6. Limitation of Liability. IN NO EVENT SHALL CRITICAL MASS OR ITS
45 SUPPLIERS BE LIABLE IN AN AMOUNT THAT EXCEEDS THE LICENSE FEE PAID
46 BY LICENSEE FOR ANY DAMAGES (INCLUDING, WITH LIMITATION, DAMAGES
47 FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
48 BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), REGARDLESS OF THE
49 FORM OF CLAIM OR ACTIONS, ARISING OUT OF THE USE OF OR INABILITY
50 TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF CRITICAL MASS HAS
51 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
52 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
53 CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
54 APPLY TO YOU.
55
56 7. Acknowledgement of Allocation of Risk. LICENSEE acknowledges and
57 agrees that the fees charged by CRITICAL MASS in this Agreement
58 reflect the allocation of risks provided by the foregoing
59 limitation of liability. LICENSEE acknowledges and represents
60 that it has read and understands these allocations of risk
61 limiting the liability of CRITICAL MASS and that it understands
62 that a modification of the allocation of risks set forth in this
63 agreement would affect the fees charged by CRITICAL MASS, and that
64 LICENSEE, in consideration of such fees, agrees to such
65 allocations of risk.
66
67 8. LICENSEE INDEMNIFICATION. LICENSEE SHALL INDEMNIFY CRITICAL MASS
68 AGAINST ALL COSTS AND DAMAGE JUDGEMENTS, INCLUDING ATTORNEY'S FEES
69 AND COSTS OF DEFENSE, INCURRED BECAUSE OF CLAIMS OF DAMAGE ARISING
70 FROM LICENSEE'S POSSESSION OR USE OR INABILITY TO USE SOFTWARE.
71
72 9. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are
73 provided with RESTRICTED RIGHTS. Use duplication, or disclosure
74 by the Government is subject restrictions as set forth in
75 subparagraph (c)(1)(ii) of The Rights in Technical Data and
76 Computer Software clause in DFARS 252.227-7013, or subparagraphs
77 (c)(i) and (2) of the Commercial Computer Software -- Restricted
78 Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
79 Critical Mass, Inc., 1770 Massachusetts Ave., Cambridge, MA 02140
80 USA.
81
82 10. Severability. If any provision of the Agreement is held illegal
83 or unenforceable by any court of competent jurisdiction, such
84 provision shall be deemed separable from the remaining provisions
85 of this Agreement and shall not affect or impair the validity or
86 enforceability of the remaining provisions of this Agreement.
87
88 11. Governing Law. This Agreement is governed by the laws of the
89 Commonwealth of Massachusetts.
90
91 12. Publicity. You my not use the name of CRITICAL MASS in any
92 advertisement, press release or other publicity with reference to
93 Critical Mass Modula-3 without prior written consent of CRITICAL
94 MASS.

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