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1 Digital License Agreement
2
3 SRC Modula-3
4
5 1. Grant Of License. Digital Equipment Corporation, having a principal
6 office at 146 Main Street, Maynard, MA 01754 ("DIGITAL") grants to
7 you ("LICENSEE") the non-exclusive, non-transferable, royalty free
8 right to use, modify, reproduce and distribute SRC Modula-3 ("SOFTWARE")
9 subject to the terms set forth herein. Any distribution of SOFTWARE
10 shall include this Digital License Agreement in human readable form.
11
12 2. Title to Intellectual Property and Software. Subject to the limited
13 rights and licenses granted under this License Agreement, all rights,
14 title and interests including patent, copyright, and trademark rights
15 in SOFTWARE are and shall remain vested in DIGITAL to the exclusion
16 of LICENSEE. DIGITAL represents and warrants that DIGITAL has the
17 legal right to grant such licenses as are expressly granted under
18 this Agreement.
19
20 3. Copyright. The SOFTWARE is owned by DIGITAL or its suppliers and is
21 protected by United States copyright laws and international treaty
22 provisions. Therefore, you must treat the SOFTWARE like any other
23 copyrighted material (e.g., a book or musical recording) except
24 that you may use the SOFTWARE as provided in this Digital License
25 Agreement.
26
27 4. Improvements. LICENSEE hereby grants to DIGITAL a non-exclusive,
28 non-transferable, royalty free right to use, modify, reproduce
29 and distribute with the right to sublicense at any tier, any
30 improvements, enhancements, extensions, or modifications that
31 LICENSEE make to SOFTWARE, provided such are returned to DIGITAL
32 by LICENSEE.
33
34 5. DISCLAIMER OF WARRANTY. Because the SOFTWARE is a research work and
35 not a released product, it is provided "AS IS" WITHOUT WARRANTY OF ANY
36 KIND AND WITHOUT ANY SUPPORT SERVICES. EXCEPT AS SPECIFICALLY PROVIDED
37 ABOVE IN SECTION 2, DIGITAL FURTHER DISCLAIMS ALL OTHER EXPRESS OR
38 IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
39 PURPOSE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF
40 THE SOFTWARE REMAINS WITH YOU.
41
42 6. Limitation of Liability. IN NO EVENT SHALL DIGITAL OR ITS SUPPLIERS BE
43 LIABLE IN AN AMOUNT THAT EXCEEDS THE LICENSE FEE PAID BY LICENSEE FOR
44 ANY DAMAGES (INCLUDING, WITH LIMITATION, DAMAGES FOR LOSS OF BUSINESS
45 PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
46 PECUNIARY LOSS), REGARDLESS OF THE FORM OF CLAIM OR ACTIONS, ARISING
47 OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION,
48 EVEN IF DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
49 BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
50 FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
51 APPLY TO YOU.
52
53 7. Acknowledgement of Allocation of Risk. LICENSEE acknowledges and agrees
54 that the fees charged by DIGITAL in this Agreement reflect the allocation
55 of risks provided by the foregoing limitation of liability. LICENSEE
56 acknowledges and represents that it has read and understands these
57 allocations of risk limiting the liability of DIGITAL and that it
58 understands that a modification of the allocation of risks set forth
59 in this agreement would affect the fees charged by DIGITAL, and that
60 LICENSEE, in consideration of such fees, agrees to such allocations
61 of risk.
62
63 8. LICENSEE INDEMNIFICATION. LICENSEE SHALL INDEMNIFY DIGITAL AGAINST
64 ALL COSTS AND DAMAGE JUDGEMENTS, INCLUDING ATTORNEY'S FEES AND COSTS
65 OF DEFENSE, INCURRED BECAUSE OF CLAIMS OF DAMAGE ARISING FROM LICENSEE'S
66 POSSESSION OR USE OR INABILITY TO USE SOFTWARE.
67
68 9. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided
69 with RESTRICTED RIGHTS. Use duplication, or disclosure by the Government
70 is subject restrictions as set forth in subparagraph (c)(1)(ii) of The
71 Rights in Technical Data and Computer Software clause in DFARS
72 252.227-7013, or subparagraphs (c)(i) and (2) of the Commercial Computer
73 Software -- Restricted Rights at 48 CFR 52.227-19, as applicable.
74 Manufacturer is Digital Equipment Corporation, 130 Lytton Avenue,
75 Palo Alto, CA 94301-1044.
76
77 10. Severability. If any provision of the Agreement is held illegal or
78 unenforceable by any court of competent jurisdiction, such provision
79 shall be deemed separable from the remaining provisions of this Agreement
80 and shall not affect or impair the validity or enforceability of the
81 remaining provisions of this Agreement.
82
83 11. Governing Law. This Agreement is governed by the laws of the
84 Commonwealth of Massachusetts.
85
86 12. Publicity. You my not use the name of DIGITAL in any advertisement,
87 press release or other publicity with reference to SRC Modula-3
88 without prior written consent of DIGITAL.
89
90 13. Should you have any questions concerning this Agreement, or if you
91 desire to contact Digital for any reason, please do so via E-mail:
92 M3-REQUEST@SRC.DEC.COM.

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