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From jwright@atanasoff.cs.iastate.edu Thu Sep 7 01:14:35 1989
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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
-----
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"There's Alpha, Beta, Gamma, Diga and Caligari!" -- Rick Unland
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