Digital License Agreement

SRC Modula-3 License

  1. 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.

  2. 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.

  3. Copyright. 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.

  4. Improvements. 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 by Licensee.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. Severability. 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.

  11. Governing Law. This Agreement is governed by the laws of the Commonwealth of Massachusetts.

  12. Publicity. 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.

  13. Should you have any questions concerning this Agreement, or if you desire to contact Digital for any reason, please do so via E-mail: M3-REQUEST@SRC.DEC.COM.

Copyright (C) 1994 Digital Equipment Corporation

All Rights Reserved