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AT&T Source Code Agreement

AT&T SOURCE CODE AGREEMENT

Version 1.0

This Source Code Agreement (the "Agreement") provides the terms and conditions pursuant to which AT&T Corp. ("AT&T") is willing to grant you ("YOU" or "YOUR") a non-exclusive right to use the AT&T Source Code Release. PLEASE READ THIS AGREEMENT CAREFULLY. If YOU agree to only use the AT&T Source Code Release in accordance with the following terms and conditions and are willing to be bound by this Agreement in its entirety, acknowledge YOUR acceptance by providing an affirmative response and downloading, or opening the AT&T Capsule containing, the AT&T Source Code Release.

ARTICLE 1.0 - YOUR REPRESENTATIONS

1.1. If YOU are an entity, or person other than the individual accepting this Agreement, YOU warrant and represent that the individual accepting this Agreement on YOUR behalf is YOUR legally authorized representative and is duly authorized to accept agreements of this type on YOUR behalf and obligate YOU to comply with its provisions.

1.2. YOU represent that YOU have read this Agreement in its entirety and fully understand it.

1.3. YOU represent that all of YOUR Derived Product Build Materials are either original or do not include any code obtained under license from a third party, which license conflicts with YOUR obligations under this Agreement. If any of YOUR Derived Product Build Materials do include permitted third party code, YOU represent that such Derived Product Build Materials also include complete details concerning the license or other restrictions associated with such code.

1.4. To the best of YOUR knowledge, YOU represent that the use of YOUR Derived Product Build Materials does not infringe or misappropriate the rights of any person or entity.

1.5. YOU represent that YOU will regularly monitor the AT&T Website for any notices.

ARTICLE 2.0 - DEFINITIONS

2.1. "AT&T Binaries" means the Files in object code form only which result from compiling the AT&T Source Code Release.

2.2. "AT&T Capsule" means the File having the name libdjvu++-2.1.tar.gz, which will be downloaded after accepting, or was opened to access, this Agreement. By way of clarification only, when the term "AT&T Capsule" is used in this Agreement, it only means the file identified above as furnished by AT&T without change, enhancement, amendment, addition, deletion, alteration or other modification (collectively, "Change" or variations thereof, including "Changed" or "Changing").

2.3. "AT&T Source Code Patent Rights" means those claims of any patents owned by AT&T and licensable without restriction or obligation which, absent a license, are necessarily and unavoidably infringed by the use of the functionality of the AT&T Source Code Release.

2.4. "AT&T Source Code Release" means the Files provided by AT&T to YOU pursuant to this Agreement, which are all contained in compressed form in the AT&T Capsule. By way of clarification only, when the term "AT&T Source Code Release" is used in this Agreement, it only means such Files without any Change.

2.5. "AT&T Website" means the Internet website having the URL http://www.djvu.att.com/open. AT&T may change the content or URL of the AT&T Website, or remove it from the Internet altogether.

2.6. "Compilation Scripts" means the instructions for compiling code to prepare a Derived Work.

2.7. "Derived Product" means a Software Product which is a derivative work (as used in this Agreement, the term "derivative work" having the same meaning as under U.S. Copyright Law) of the AT&T Source Code Release.

2.8. "Derived Product Build Materials" means, with reference to a Derived Product, the Compilation Script, Other Source Code Files, if any, and Patch used to prepare such Derived Product.

2.9. "Extension Product" means any Software Product with which YOU have prepared a Derived Product to work, but only if:

  1. YOU, or the entity or person on whose behalf YOU created the Derived Product, own, control or can otherwise license the source code used to prepare such Software Product; and,
  2. Such Software Product is publicly distributed. By way of example only, if a Derived Product is prepared by YOU to serve as a plug-in to another Software Product owned by YOU, such other Software Product is an "Extension Product."

2.10. "File" means a computer file containing, as the context may require, source or object code ("Computer Code") instructions for controlling the operation of a central processing unit or computer, or containing data or textual information.

2.11. "IPR" means all rights protectable under intellectual property law anywhere throughout the world, including rights protectable under patent, copyright and trade secret laws, but not trademark rights.

2.12. "Other Source Code Files" means Files in source code form which do not contain any

  1. of the AT&T Source Code Release, or
  2. derivative work prepared from the AT&T Source Code Release.

2.13. "Patch" means an instruction set for Changing any of the Files contained in the AT&T Source Code Release.

2.14. "Proprietary Notice" means the following statement without Change:

This software contains certain software code or other information ("AT&T Software") proprietary to AT&T Corp. ("AT&T"). The AT&T Software is provided to you "AS IS". YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE AT&T SOFTWARE. AT&T DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE AT&T SOFTWARE IS "ERROR FREE" OR WILL MEET YOUR REQUIREMENTS. You have the right to obtain from the person or entity who furnished this software to you, for free and under license, a copy of the source code for the AT&T Software together with any patches and other source code used in this software. Unless you accept a license to use the AT&T Software, you shall not reverse compile, disassemble or otherwise reverse engineer this software to ascertain the source code for any AT&T Software. (C) AT&T Corp. All rights reserved. AT&T is a registered trademark of AT&T Corp.''

2.15. "Software Product" means a collection of Files in object code form only which, taken together, reasonably comprise a product, regardless of whether such product is intended for internal use or commercial exploitation. A single File can comprise a Software Product.

ARTICLE 3.0 - GRANT OF RIGHTS TO YOU

3.1. Copyright Grant. Subject to third party intellectual property claims, if any, and the terms and conditions of this Agreement, AT&T grants to YOU under AT&T's copyright rights in the AT&T Source Code Release, a non-exclusive, fully paid-up license to:

  1. Reproduce and distribute to others the AT&T Capsule;
  2. Prepare from the AT&T Source Code Release, and execute and use, the AT&T Binaries;
  3. Prepare and distribute Patches for the AT&T Source Code Release;
  4. Prepare a Derived Product solely by compiling Other Source Code Files, if any, together with the code resulting from operating a Patch on the AT&T Source Code Release; and
  5. Execute, use and distribute to others Derived Products.

3.2. Patent Rights Grant. Subject to third party intellectual property claims, if any, and the terms and conditions of this Agreement, AT&T grants to YOU under AT&T Source Code Patent Rights a non- exclusive, fully paid-up license to:

  1. Make reproductions of the AT&T Capsule;
  2. Make, only from compiling the AT&T Source Code Release, and use the AT&T Binaries;
  3. Distribute to others the AT&T Capsule; and,
  4. Make, execute, use and distribute to others Derived Products but, in the case of these rights, the license granted in this Section 3.2(d) shall only extend to that portion of a Derived Product which is Computer Code compiled from some portion, without Change, of the AT&T Source Code Release.
The license granted in this Section 3.2 does not include the right to combine the AT&T Source Code Release or the AT&T Binaries with any hardware other than YOUR general purpose computer.

3.3. Subject to the terms and conditions of this Agreement, YOU may create a hyperlink between an Internet website owned and controlled by YOU and the AT&T Website, which hyperlink describes in a fair and good faith manner where the AT&T Capsule and AT&T Source Code Release may be found, provided that, YOU do not frame the AT&T Website or otherwise give the false impression that AT&T is somehow associated with, or otherwise endorses or sponsors YOUR website. Any goodwill associated with such hyperlink shall inure to the sole benefit of AT&T. Other than the creation of such hyperlink, nothing in this Agreement shall be construed as conferring upon YOU any right to use any reference to AT&T, its trade names, trademarks, service marks or any other indicia of origin owned by AT&T, or to indicate that YOUR products or services are in any way sponsored, approved or endorsed by AT&T.

3.4. Except as expressly set forth in this Article 3.0, no other rights or licenses under any of AT&T's IPR are granted or, by implication, estoppel or otherwise, conferred. By way of example only, no rights or licenses under any of AT&T's patents are granted or, by implication, estoppel or otherwise, conferred with respect to any portion of a Derived Product which is not Computer Code compiled from some portion, without Change, of the AT&T Source Code Release. By way of further example, the license granted in Section 3.2 shall not be construed to include the right to combine the AT&T Source Code Release or the AT&T Binaries with any hardware or other software or use any of such combinations, except that, the AT&T Binaries may be run by YOU on a computer.

ARTICLE 4.0 - YOUR DISTRIBUTION OBLIGATIONS

4.1. YOU shall only distribute the AT&T Capsule and Derived Product Build Materials free of charge, without any form of compensation. However, if YOU furnish the AT&T Capsule or Derived Product Build Materials on any physical media, YOU may charge for YOUR out-of-pocket expense for both the media and shipping. YOU may distribute Derived Products for a fee that it is fair and reasonable compared to other similar products.

4.2. If YOU distribute Derived Product Build Materials (including if YOU are required to do so pursuant to this Agreement), YOU shall ensure that the recipient enters into and duly accepts a written agreement with YOU which includes the minimum terms set forth in Appendix A (completed to indicate YOU as the LICENSOR where provided) and no other provisions which, in AT&T's opinion, conflict with YOUR obligations under, or the intent of, this Agreement. The written agreement may be in electronic form.

4.3. If YOU prepare a Derived Product that YOU distribute to a third party, or use to provide a service or for YOUR own purposes, or YOU distribute any Derived Product Build Materials for a Derived Product, YOU shall:

  1. Contact AT&T as may be provided on the AT&T Website or in a text file included with the AT&T Source Code Release and describe for AT&T such Derived Product and its Derived Product Build Materials;
  2. Provide AT&T with a copy of such Derived Product Build Materials as directed by AT&T, unless YOU make them generally available on YOUR Internet website, in which case, YOU shall provide AT&T with the URL of YOUR website and hereby grant to AT&T a non-exclusive, fully-paid up right to create a hyperlink between YOUR website and a page associated with the AT&T Website;
  3. Inform any third parties to whom you distribute, or provide services using, such Derived Product that the AT&T Capsule and source code for YOUR Derived Product Build Materials are available from YOU without charge;
  4. Make such Derived Product generally available to anyone requesting a copy;
  5. If requested by anyone, furnish to them any Derived Product Build Materials used to prepare such Derived Product (such Derived Product Build Materials being furnished in such a manner as to reasonable identify and facilitate the preparation of such Derived Product); and,
  6. If requested by anyone interested in obtaining the AT&T Source Code Release, either furnish to them the AT&T Capsule or provide them with the URL for the AT&T Website.

4.4. If YOU prepare a Derived Product, such product shall conspicuously display to users, and any corresponding documentation and license agreement shall include as a provision, the Proprietary Notice.

4.5. YOU shall publicly release for free over the Internet the source code for that portion of any Extension Products which in any way uses or otherwise manipulates data to or from Derived Products. Such release shall be pursuant to an agreement that, in AT&T's opinion, is consistent with this Agreement and the attached Appendix A, and YOU shall make all reasonable efforts to publicize such release.

ARTICLE 5.0 - YOUR GRANT OF RIGHTS TO AT&T IN MODIFICATIONS

5.1. YOU grant to AT&T under any IPR owned or licensable by YOU which in any way relates to YOUR Patches, a non-exclusive, perpetual, worldwide, fully paid-up, unrestricted, irrevocable license, along with the right to sublicense others, to (a) make, have made, use, offer to sell, sell and import any products, services or any combination of products or services, and (b) reproduce, distribute, prepare derivative works based on, perform and display YOUR Patches in any media whether now known or in the future developed.

ARTICLE 6.0 - AS IS CLAUSE / LIMITATION OF LIABILITY

6.1. The AT&T Source Code Release and AT&T Capsule are provided to YOU "AS IS". YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THEM INCLUDING THE RISK OF ANY DEFECTS OR INACCURACIES THEREIN. AT&T DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OF ANY IPR OR TRADEMARK RIGHTS, ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE AT&T SOURCE CODE RELEASE OR AT&T CAPSULE ARE "ERROR FREE" WILL MEET YOUR REQUIREMENTS.

6.2. IN NO EVENT SHALL AT&T BE LIABLE FOR (a) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE AT&T SOURCE CODE RELEASE OR AT&T CAPSULE, EVEN IF AT&T OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (a) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE AT&T SOURCE CODE RELEASE OR AT&T CAPSULE, OR (c) ANY CLAIM BY ANY THIRD PARTY.

6.3. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, AT&T'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

ARTICLE 7.0 - GENERAL

7.1. YOU shall not assert against AT&T or any of its affiliated companies any claim for infringement or misappropriation of any IPR or trademark rights in any way relating to the AT&T Source Code Release, including any such claims relating to any Patches.

7.2. In the event that any provision of this Agreement is deemed illegal or unenforceable, this Agreement shall automatically terminate. AT&T may, but is not obligated to, post on the AT&T Website a new version of this Agreement which, in AT&T's opinion, reasonably preserves the intent of this Agreement.

7.3. YOUR rights and license (but not any of YOUR obligations) under this Agreement shall terminate automatically in the event that (a) notice of a non-frivolous claim by a third party relating to the AT&T Source Code Release or AT&T Capsule is posted on the AT&T Website, (b) YOU have knowledge of any such a claim, (c) any of YOUR representations or warranties in Article 1.0 are false or inaccurate, (d) YOU exceed the rights and license granted to YOU or (e) YOU fail to fully comply with any provision of this Agreement.

7.4. YOU acknowledge that the AT&T Source Code Release and AT&T Capsule are subject to U.S. export laws and regulations and that any use thereof must be authorized under those laws and regulations. YOU hereby assures AT&T that YOU will not, directly or indirectly, "export" or "reexport" the AT&T Source Code Release or AT&T Capsule to any country, or national of any country, to which, or to whom, "export" or "reexport" is prohibited under U.S. export laws and regulations. For purposes of this Section, "export" and "reexport" mean transferring or releasing to another country or to a national of another country (wherever that person is located) by any means, including physical, electronic, or otherwise. YOU represent and warrant that YOU are not located in or a national of any such country.

7.5. Without limiting any of AT&Tís rights under this Agreement or at law or in equity, or otherwise expanding the scope of the license and rights granted hereunder, if YOU fail to perform any of YOUR obligations under this Agreement with respect to any of YOUR Patches or Derived Products, or if YOU do any act which exceeds the scope of the license and rights granted herein, then such Patches, Derived Products and acts are not licensed or otherwise authorized under this Agreement and such failure shall also be deemed a breach of this Agreement. In addition to all other relief available to it for any breach of YOUR obligations under this Agreement, AT&T shall be entitled to an injunction requiring YOU to perform such obligations.

7.6. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflicts of law rules. This Agreement shall be fairly interpreted in accordance with its terms and without any strict construction in favor of or against either AT&T or YOU. Any suit or proceeding YOU bring relating to this Agreement shall be brought and prosecuted only in New York, New York, USA.


APPENDIX A - MINIMUM TERMS


LICENSE AGREEMENT

LICENSOR: ______________

This License Agreement (the "Agreement") provides the terms and conditions pursuant to which you ("LICENSEE") are granted by LICENSOR a non-exclusive license to exploit the Build Materials (as defined below). PLEASE READ THIS AGREEMENT CAREFULLY.

ARTICLE 1.0 - REPRESENTATIONS

1.1. If LICENSEE is an entity, or person other than the individual accepting this Agreement, LICENSEE warrants and represents that the individual accepting this Agreement on LICENSEE'S behalf is LICENSEE'S legally authorized representative and is duly authorized to accept agreements of this type on LICENSEE'S behalf and obligate LICENSEE to comply with its provisions.

1.2. LICENSEE represents that LICENSEE has read this Agreement in its entirety and fully understand it.

1.3. LICENSEE represents that LICENSEE understands that no rights or licenses of any kind under any IPR owned or controlled by AT&T. Corp. ("AT&T") are granted or, by implication, estoppel or otherwise, conferred by this Agreement.

ARTICLE 2.0 - DEFINITIONS

2.1. "AT&T Source Code Agreement" means the agreement available at the Internet website having the URL http://www.djvu.att.com/open , or accessed by opening the computer file having the name ``ATTLICENSE'', if such file is furnished to LICENSEE.

2.2. "AT&T Source Code Release" means the computer files owned by AT&T which can be obtained under license at the Internet website having the URL http://www.djvu.att.com/open, or by opening the computer file having the name libdjvu++-2.1.tar.gz, if such file is furnished to LICENSEE.

2.3. "Build Materials" means the compilation script, Patch files and other source code files, if any, furnished by LICENSOR to LICENSEE free of charge pursuant to this Agreement. THE BUILD MATERIALS INCLUDE SOFTWARE OR OTHER INFORMATION PROPRIETARY TO AT&T. LICENSEE'S EXERCISE OF ONE OR MORE OF THE RIGHTS GRANTED IN SECTION 3.1 OF THIS AGREEMENT WITHOUT

  1. FIRST ENTERING INTO THE AT&T SOURCE CODE AGREEMENT, AND
  2. ABIDING BY THE TERMS AND CONDITIONS OF SUCH AGREEMENT
MAY (AND IF LICENSEE HAS USED ANY PATCH, LICENSEE WILL) INFRINGE OR MISAPPROPRIATE IPR OWNED OR CONTROLLED BY AT&T.

2.4. "IPR" means all rights protectable under intellectual property law anywhere throughout the world, including rights protectable under patent, copyright and trade secret laws, but not trademark rights.

2.5. "Patch" means an instruction set for changing, enhancing, amending, adding to, deleting from, altering or otherwise modifying any Software contained in the AT&T Source Code Release.

2.6. "Software" means any source or object code instructions for controlling the operation of a central processing unit or computer, or computer files containing data or textual information.

ARTICLE 3.0 - GRANT OF RIGHTS TO LICENSEE

3.1. Subject to the terms and conditions of this Agreement, LICENSOR grants to LICENSEE under any IPR owned or licensable by LICENSOR which relates to the Build Materials, a non-exclusive, fully paid-up license, with the right to sublicense others, to

  1. make, have made, use, sell free of charge and import, any products or services; and
  2. reproduce, distribute, perform and display all or any portion of the Build Materials, and prepare derivative works based on the Build Materials and reproduce, distribute, perform and display such derivative works.

ARTICLE 4.0 - LICENSEE'S DISTRIBUTION OBLIGATIONS

4.1. Unless otherwise permitted by the AT&T Source Code Agreement, LICENSEE shall only distribute any products licensed pursuant to this Agreement free of charge, without any form of compensation. However, if LICENSEE furnishes a product on any physical media, LICENSEE may charge for LICENSEE'S out-of-pocket expense for both the media and shipping.

4.2. If LICENSEE distributes any products licensed pursuant to this Agreement or source code required pursuant to Section 4.3(b), LICENSEE shall ensure that the recipient enters into and duly accepts a written agreement with LICENSEE which includes the minimum terms set forth in Appendix A of the AT&T Source Code Agreement (completed to indicate YOU as the LICENSOR where provided) and no other provisions which conflict with the obligations under, or the intent of, this Agreement.

4.3. If LICENSEE shall prepare, or have prepared for it, a product licensed pursuant to this Agreement, LICENSEE shall:

  1. Inform any third parties (including AT&T) to whom LICENSEE distributes, or provides services using, such product that the source code for any Software which is part of such product is available from LICENSEE without charge;
  2. Distribute, without charge, such source code to any third parties requesting a copy; and,
  3. Make such product generally available to anyone requesting a copy.

ARTICLE 5.0 - AS IS CLAUSE / LIMITATION OF LIABILITY

5.1. The Build Materials contain certain software or other information ("AT&T Software") proprietary to AT&T. The AT&T Software is provided to LICENSEE "AS IS". LICENSEE ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THE AT&T SOFTWARE. AT&T DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OF ANY IPR or TRADEMARK RIGHTS, ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE AT&T SOFTWARE IS "ERROR FREE" OR WILL MEET LICENSEE'S REQUIREMENTS.

5.2. IN NO EVENT SHALL AT&T BE LIABLE FOR (a) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE AT&T SOFTWARE, EVEN IF AT&T OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (a) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE AT&T SOFTWARE, OR (c) ANY CLAIM BY ANY THIRD PARTY.

5.3. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, AT&T'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

ARTICLE 6.0 - GENERAL

6.1. LICENSEE shall not assert against AT&T or any of its affiliated companies any claim for infringement or misappropriation of any IPR or trademark rights in any way relating to the AT&T Source Code Release.

6.2. LICENSEE'S rights and license (but not any of LICENSEE'S obligations) under this Agreement shall terminate automatically in the event that (a) any of LICENSEE'S representations or warranties in Article 1.0 are false or inaccurate, (b) LICENSEE exceed the rights and license granted to LICENSEE or (c) LICENSEE fails to fully comply with any provision of this Agreement.

6.3. AT&T shall be entitled, in its own name and without joining LICENSOR as a party, to enforce against LICENSEE in an action for breach of contract, any provision of this Agreement which protects, limits the liability of, or otherwise benefits AT&T. In addition to all other relief available to AT&T in any such action, AT&T shall be entitled to an injunction requiring LICENSEE to comply with any such provision.

6.4. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflicts of law rules. This Agreement shall be fairly interpreted in accordance with its terms and without any strict construction in favor of or against either party. Any suit or proceeding relating to this Agreement shall be brought and prosecuted only in New York, New York, USA.


END OF MINIMUM TERMS




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