From jwright@atanasoff.cs.iastate.edu Thu Sep 7 01:14:35 1989 Flags: 000000000001 Received: from atanasoff.cs.iastate.edu by rascal.ics.utexas.edu (3.2/4.22) id AA12347; Thu, 7 Sep 89 01:14:09 CDT Received: by atanasoff.cs.iastate.edu (3.24.1) id AA28281; Thu, 7 Sep 89 01:12:42 CDT Date: Thu, 7 Sep 89 01:12:42 CDT From: jwright@atanasoff.cs.iastate.edu (Jim Wright) Message-Id: <8909070612.AA28281@atanasoff.cs.iastate.edu> To: werner@rascal.ics.UTEXAS.EDU Subject: Re: Results of site name survey Here's the article in which it appeared. To be sure, this little gem got its share of lampooning. One of the Commodore folks even posted saying that the lawyer who wrote it admitted it "wasn't too clear". :-) Jim =========================================================================== In article <19679@usc.edu> papa@pollux.usc.edu (Marco Papa) writes: >In article <1989Sep3.015931.9016@csusac.csus.edu> monsoor@csusac.csus.edu (Matt Monsoor) writes: >|I have heard about the upgrade to WorkBench 1.3 and some of our members have >|copies (one each member). Is there somthing wrong with posting the upgrade >|on our club board? Does it cost to upgrade??? How can 'I' get a copy?? > >WB 1.3.2 was posted on BIX's closed Developer Conference and was marked NOT >FOR DISTRIBUTION for the simple reason that it has not passed QA testing yet. >Some bozo developer posted it on a BBS. It is clearly illegal to do so. The above actually referred to WB 1.3.1 beta. WB 1.3.2 was posted on BIX's 'open' developer conference. It comes with an "interesting" software license agreement, which I am enclosing here for your edification :-) It is rumored that it is closely resembling Apple's software licenses. Sorry for the foulup. Enjoy. Marco -------------- SINGLE COMPUTER END-USER SOFTWARE LICENSE AGREEMENT PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE. ANY DOWNLOADING, REPRODUCTION, COPYING OR OTHER USE OF THE SOFTWARE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM YOU SHOULD DISCONTINUE THIS TRANSMISSION. I. LICENSE Commodore-Amiga, Inc. ("Commodore") makes this Software available subject to the following non-exclusive license. You are responsible for selecting the appropriate Software (computer programs and related documentation) to meet your needs, and for its installation, use and results. A. This license allows you to: 1. Use the Software only on a single AMIGA computer. You must obtain a supplementary license from Commodore before using the Software in connection with any other use; 2. Download the Software only on media that is compatible with the AMIGA; 3. Make one copy of the Software in any machine readable form for backup purposes. The Software is protected by United States copyright law. You must reproduce the Commodore copyright notice on any copy of the Software; and 4. Configure the Software for your own use by adding or removing fonts, desk accessories and/or device drivers. THE SOFTWARE MAY BE USED ONLY FOR PERSONAL OR NON-COMMERCIAL USES ON AMIGA COMPUTERS AND MAY NOT BE USED FOR COMMERCIAL PURPOSES OR REDISTRIBUTED WITHOUT AN EXPRESS LICENSE FROM COMMODORE (available >From Commodore's Software Licensing Department). B. Commodore reserves all rights not expressly granted to you above. C. The following activities are expressly prohibited by this license: 1. The Software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human perceivable form. You agree not to directly or indirectly divulge to any person or entity the Software, or any trade secrets related to the Software, until such time as Commodore makes such information available to the public without restriction. YOU SPECIFICALLY AGREE NOT TO DECOMPILE, MODIFY, NETWORK, RENT, LEASE, LOAN, SELL OR DISTRIBUTE THE SOFTWARE, OR ANY COPY, IN WHOLE OR IN PART. YOU UNDERSTAND THAT UNAUTHORIZED REPRODUCTION OF A COPY OF THE SOFTWARE OR UNAUTHORIZED TRANSFER OF ANY COPY OF THE SOFTWARE MAY SUBJECT YOU TO A LAWSUIT FOR DAMAGES, INJUNCTIVE RELIEF, AND ATTORNEY'S FEES. 2. You agree and certify that neither the Software nor any other technical data received from Commodore or the direct product thereof, is being or will be downloaded, shipped, transferred or reexported, directly or indirectly to Country Groups Q, S, W, Y, or Z (see Attachment 1) or Afghanistan or the People's Republic of China, without prior written approval from Commodore and either a validated export license or written permission from the U.S. Office of Export Administration. 3. You agree and certify that you will not use, ship, transfer, or reexport any Software or other technical data, or any direct product thereof, related to any commodity that will be used directly or indirectly in the following activities (or in the training of personnel for such activities), whether or not it is specifically designed or modified for such activities; (i) designing, developing, fabricating or testing nuclear weapons or nuclear explosive devices; (ii) designing, constructing, fabricating, or operating the following facilities, or components for such facilities; (a) the chemical processing or irradiated special nuclear or source material; (b) the production of heavy water; (c) the separation of isotopes of source and special nuclear material; (d) the fabrication of nuclear reactor fuel containing plutonium. II. TERM The license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies. The license will also terminate if you fail to comply with any of the terms or conditions of this Agreement. You agree upon such termination to destroy all copies of the Software. III. DISCLAIMER OF WARRANTY THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT COMMODORE OR A COMMODORE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Commodore does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free or that defects in the Software will be corrected. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IV. LIMITATION OF REMEDIES IN NO EVENT WILL COMMODORE OR ITS AFFILIATED COMPANIES BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SOFTWARE EVEN IF COMMODORE OR AN AUTHORIZED COMMODORE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Commodore's liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the money paid to Commodore for the Software that caused the damages or that is the subject matter of, or is directly related to, the cause of action. V. GOVERNMENT END-USERS If this Software is acquired by or on behalf of a unit or agency of the United States Government this provision applies. This Software: (a) was developed at private expense, and no part of it was developed with government funds, (b) is a trade secret of Commodore for all purposes of the Freedom of Information Act, (c) is "commercial computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity and (d) in all respects is proprietary data belonging solely to Commodore. For units of the Department of Defense (DoD), this Software is sold only with "Restricted Rights" as that term is defined in the DoD Supplement to the Federal Acquisition Regulations, 52.227-7013 (b) (3) (ii) and: Use, duplication or disclosure is subject to restrictions as set forth in subdivision (b) (3) (ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013. Manufacturer: Commodore, 1200 Wilson Drive, West Chester, PA 19380. If this Software was acquired under a GSA Schedule the Government has agreed to refrain from changing or removing any insignia or lettering from the Software that is provided or from producing copies of manuals or disks (except one copy for backup purposes) and: 1. Title to and ownership of this Software and documentation and any reproductions thereof shall remain with Commodore-Amiga, Inc. 2. Use of this Software and documentation shall be limited to the facility for which it is acquired; and 3. If use of the Software is discontinued to the installation specified in the purchase/delivery order and the Government desires to use it at another location, it may do so by giving prior written notice to Commodore-Amiga, Inc., specifying the type of computer and new location site. Governmental personnel using this Commodore Software, other than under a DoD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restrictions which are the same as or similar to those specified above. VI. GENERAL Any attempt to network, rent lease, or sublicense the Software or to transfer any of the rights, duties or obligations under this Agreement is void. This Agreement will be construed under the laws of the state of Pennsylvania, except for that body of laws dealing with conflict of laws. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement shall remain in full force and effect. RJG/908:smk ATTACHMENT 1 (Note that this list is current as of January 28, 1987. You should check with the Office of Export Administration for any subsequent updates or revisions.) Country Group Q Country Group Y Romania Albania Bulgaria Czechoslovakia Country Group S Estonia Libya German Democratic Republic Laos Country Group W Latvia Hungary Lithuania Poland Mongolian People's Republic USSR Country Group Z Cuba Cambodia North Korea Vietnam ----- -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= uucp:...!pollux!papa BIX:papa ARPAnet:pollux!papa@oberon.usc.edu "There's Alpha, Beta, Gamma, Diga and Caligari!" -- Rick Unland -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=