Permission to use OS/8 sources and binaries
Bob Supnik
Participants in this conference have asked, at various times, about the status
of the OS/8 sources and binaries. I have checked with Digital's legal
department, and they confirm that the sources and binaries of OS/8 may be used,
without fee, on an "as is" basis, for non-commercial purposes. The following
license, which does not need to be signed by the user or returned to Digital,
should be copied and distributed with any version of the OS/8 sources or
binaries. Doug Jones will be adding this to his simulator distribution, and I
will be adding it to mine.
/Bob Supnik
/Vice President, Research and Advanced Development
/Digital Equipment Corporation
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Digital License Agreement
This document is your Proof of License and the legal agreement governing your
use of the OS/8 software.
1 DEFINITION
SOFTWARE TECHNOLOGY shall mean the sources and binaries to the OS/8, an
operating system that runs on PDP-8 computers.
DIGITAL’S INTELLECTUAL PROPERTY RIGHTS shall mean DIGITAL’s patent, copyright
and trade secret rights in its SOFTWARE TECHNOLOGY.
2 LICENSE GRANT
Digital grants to Customer a worldwide, non-exclusive, royalty-free license
under DIGITAL’s INTELLECTUAL PROPERTY RIGHTS to reproduce, modify, use and
distribute the SOFTWARE TECHNOLOGY solely for non-commercial uses.
3 TECHNOLOGY TRANSFER AND ACCEPTANCE
3.1 CUSTOMER acknowledges that it accepts the SOFTWARE TECHNOLOGY "AS IS".
3.2 DIGITAL is under no obligation to supply error corrections or updates to
the SOFTWARE TECHNOLOGY as they become available, or to provide training,
support or consulting for the SOFTWARE TECHNOLOGY.
4 WARRANTY DISCLAIMER/LIMITATION OF LIABILITY
DIGITAL DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SOFTWARE TECHNOLOGY
LICENSEDTO CUSTOMER HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL DIGITAL BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE
TECHNOLOGY LICENSE HEREUNDER.
5 INDEMNITY
CUSTOMER will hold DIGITAL harmless against all liabilities, demands, damages,
expenses, or losses arising out of use by CUSTOMER of SOFTWARE TECHNOLOGY or
information furnished under this Agreement.
6 TERM AND TERMINATION
6.1 This Agreement shall be effective until otherwise terminated. Either party
may terminate this Agreement at any time upon 30 days written notice.
6.2 If CUSTOMER shall fail to perform or observe any of the terms and
conditions to be performed or observed by it under this Agreement, DIGITAL may
in its sole discretion thereafter elect to terminate this Agreement, and this
Agreement andall the obligations owed and rights granted herein to CUSTOMER
shall immediately terminate.
6.3 The parties agree that the termination of this Agreement shall not release
either party from any other liability which shall have accrued to the other
party at the time such termination becomes effective, nor affect in any manner
the survival of any right, duty or obligation of either party.
6.4 In the event of any termination of this Agreement for any reason, CUSTOMER
shall delete all original and all whole or partial copies and derivatives of
the SOFTWARE TECHNOLOGY provided to CUSTOMER under this Agreement. CUSTOMER
further shall cease to use and distribute the SOFTWARE TECHNOLOGY in all forms
immediately upon the date of termination.
7 GENERAL TERMS
7.1 This Agreement shall be governed by the laws of the Commonwealth of
Massachusetts.
7.2 This Agreement imposes personal obligations on CUSTOMER. CUSTOMER shall
not assign any rights under this Agreement not specifically transferable by its
terms without the written consent of DIGITAL.
7.3 The SOFTWARE TECHNOLOGY obtained under this Agreement may be subject to US
and other government export control regulations. CUSTOMER assures that it will
comply with these regulations whenever it exports or re-exports a controlled
product or technical data obtained from DIGITAL or any product produced
directly from the SOFTWARE TECHNOLOGY.
7.4 The waiver of a breach hereunder may be effected only by a writing signed
by the waiving party and shall not constitute a waiver of any other breach.
7.5 CUSTOMER acknowledges that he has read this Agreement, understands it and
agrees to be bound by its term and further agrees that it is the complete and
exclusive statement of the Agreement between the parties which supersedes all
communications and understanding between the parties relating to the subject
matter of this Agreement.