Digital License Agreement
SRC Modula-3 License
- Grant Of License.
Digital Equipment Corporation, having a principal office at 146 Main
Street, Maynard, MA 01754 (Digital) grants to you
(Licensee) the non-exclusive, non-transferable, royalty free
right to use, modify, reproduce and distribute SRC Modula-3
(Software) subject to the terms set forth herein. Any
distribution of Software shall include this Digital License
Agreement in human readable form.
- Title to Intellectual Property and Software.
Subject to the limited rights and licenses granted under this License
Agreement, all rights, title and interests including patent,
copyright, and trademark rights in Software are and shall
remain vested in Digital to the exclusion of
Licensee. Digital represents and warrants that
Digital has the legal right to grant such licenses as are
expressly granted under this Agreement.
The Software is owned by Digital or its suppliers
and is protected by United Stats copyright laws and international
treaty provisions. Therefore, you must treat the Software
like any other copyrighted material (e.g., a book or musical
recording) except that you may use the Software as provided
in this Digital License Agreement.
Licensee hereby grants to Digital a non-exclusive,
non-transferable, royalty free right to use, modify, reproduce and
distribute with the right to sublicense at any tier, any improvements,
enhancements, extensions, or modifications that Licensee make
to Software, provided such are returned to Digital
- DISCLAIMER OF WARRANTY.
Because the Software is a research work and not a released
product, it is provided "AS IS" WITHOUT WARRANTY OF ANY KIND AND
WITHOUT ANY SUPPORT SERVICES. EXCEPT AS SPECIFICALLY PROVIDED ABOVE
IN SECTION 2, DIGITAL FURTHER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE
Software REMAINS WITH YOU.
- Limitation of Liability.
IN NO EVENT SHALL Digital OR ITS SUPPLIERS BE LIABLE IN AN
AMOUNT THAT EXCEEDS THE LICENSE FEE PAID BY Licensee FOR ANY
DAMAGES (INCLUDING, WITH LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS), REGARDLESS OF THE FORM OF CLAIM OR ACTIONS, ARISING
OUT OF THE USE OF OR INABILITY TO USE THE Software OR
DOCUMENTATION, EVEN IF Digital HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Acknowledgement of Allocation of Risk.
Licensee acknowledges and agrees that the fees charged by
Digital in this Agreement reflect the allocation of risks
provided by the foregoing limitation of liability. Licensee
acknowledges and represents that it has read and understands these
allocations of risk limiting the liability of Digital and
that it understands that a modification of the allocation of risks set
forth in this agreement would affect the fees charged by
Digital, and that Licensee, in consideration of such
fees, agrees to such allocations of risk.
- Licensee INDEMNIFICATION.
Licensee SHALL INDEMNIFY Digital AGAINST ALL COSTS
AND DAMAGE JUDGEMENTS, INCLUDING ATTORNEY'S FEES AND COSTS OF DEFENSE,
INCURRED BECAUSE OF CLAIMS OF DAMAGE ARISING FROM Licensee's
POSSESSION OR USE OR INABILITY TO USE Software.
- GOVERNMENT RESTRICTED RIGHTS.
The Software and documentation are provided
with RESTRICTED RIGHTS. Use duplication, or disclosure by the Government
is subject restrictions as set forth in subparagraph (c)(1)(ii) of The
Rights in Technical Data and Computer Software clause in DFARS
252.227-7013, or subparagraphs (c)(i) and (2) of the Commercial Computer
Software -- Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Digital Equipment Corporation, 130 Lytton Avenue,
Palo Alto, CA 94301-1044.
If any provision of the Agreement is held illegal or unenforceable by
any court of competent jurisdiction, such provision shall be deemed
separable from the remaining provisions of this Agreement and shall
not affect or impair the validity or enforceability of the remaining
provisions of this Agreement.
- Governing Law.
This Agreement is governed by the laws of the Commonwealth of
You my not use the name of Digital in any advertisement,
press release or other publicity with reference to SRC Modula-3
without prior written consent of Digital.
Should you have any questions concerning this Agreement, or if you
desire to contact Digital for any reason, please do so via E-mail:
Copyright (C) 1994 Digital Equipment Corporation
All Rights Reserved