DCE Software License Terms
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DCE Software License Terms |
Table of Contents
The Licensed Program(s) and Documentation subject to this Supplement shall be respectively Licensor's Distributed Computing Environment ("DCE") Version 1, Revision 0, through Version 1, Revision X (i.e. DCE 1.0 through DCE 1.X) as defined and released by Licensor from time to time, and all related DCE 1.X Documentation. Each Revision, identified by a change in the number to the right of the decimal point, shall become subject to this Supplement (i) upon acceptance by Licensor of a purchase order for the Revision, (ii) upon acceptance by Licensor of payment from Licensee of the then-current Source Code Fee (per Section 4) applicable to that Revision, or (iii) upon shipment to Licensee of a new Revision under a DCE Software Support Supplement, entitling Licensee to receive such new Revisions ("Revision Effective Date").
NOTE: For those Licensees located outside of the United States, the Licensed Program is the internationalized version of DCE, which does not include the "src/security/krb5/lib/destoo"and "rpc/kdes" directories which are related to DES encryption and is subject to U.S. Export restrictions. These directories are authorized for use in the United States only. They may not be resold, diverted, transferred, transshipped, electrically communicated, or otherwise be disposed of in any other country, either in their original form or after being incorporated through an intermediate process into other end-items, without the prior written approval of the U.S. Department of State.
The term "Run Time Copy" shall mean a Computer Program, in object code form, which does not include any portion of the Licensed Program except for routines from certain library files (identified below), and which is integrated or linked within a single application program and executable only with that single application. For example, a software vendor who packages such routines to run only within its application program and with no other application program has created an acceptable Run Time Copy. For purposes of this Supplement, the library files that may be included in a Run Time Copy are those referenced in the "src/libdce/Makefile" file.
The license grants in this Section 3 are in addition to those listed in Section 2 of the Master Software License Terms and Conditions:
(a) With respect to those portions of the Licensed Program or Documentation based on Informix C-ISAM source code, Licensee shall be permitted to use such source code only for the purpose of porting the "Global Directory Service ("GDS")" application. Such portions are all of the files identified in the "src/directory/gds/cisam" directory.
(b) With respect to code contained in portions of the Licensed Program identified in the release notes as "Reference Ports" or "Contributed Ports" which are located in the machine-dependent directories within the source file structure of the Licensed Program ("Machine-dependent Code"), all such Machine-dependent Code is provided to Licensee gratuitously for illustrative purposes only, and is provided "AS IS." Licensee, at its sole option, may use, copy, sublicense or distribute in object code form such Machine-dependent Code subject to the rights and licenses granted in this Section 3 and the other terms and conditions of this Agreement, particularly Section 3(c) of this Supplement.
(c) In the event that Licensee chooses to use, sublicense or distribute in object code form the Machine-dependent Code per Section 3(b) of this Supplement, Licensee shall do so at its own risk, and neither Licensor nor any third party developer of the Licensed Program shall be responsible for maintaining or supporting such Machine-dependent Code. LICENSOR PROVIDES THE MACHINE-DEPENDENT CODE TO LICENSEE "AS IS," AND HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND THE OTHER DEVELOPERS, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Furthermore, Licensor's indemnification of Licensee under Section 9 of the Master Software License Terms and Conditions and Section 5 of this Supplement shall not apply to such Machine-dependent Code.
(a) General. Licensing fees for the Licensed Program and Documentation shall be as specified in the Open Group's then-current Price List for the particular Revision of the OSF DCE ("Applicable Price List"), as of the Revision Effective Date for that Revision. Once established, the Licensing Fees for each particular Revision shall remain in effect for Licensee for the term of the Agreement.
(b) Source Code Fees. Licensee shall pay to Licensor the applicable Source Code Fee as specified in the Applicable Price List, for each central processing unit ("CPU") on which a source code copy of the Licensed Program is used by Licensee or a contractor of Licensee. Licensee shall not pay Licensor any Source Code Fee for a source copy of the Licensed Programs made for archival or back-up purposes. For purposes of this Paragraph 4(b), the term "CPU" shall also include a group of CPU's enclosed within the same housing.
(c) Object Code Fees. Licensee shall pay the applicable Object Code Fees as specified in the Applicable Price List, for each copy (other than copies for archival or back-up purposes) of the Licensed Program used or distributed to third parties in object code form pursuant to this Agreement by Licensee, its sublicensees, Distributors or sublicensees of its Distributors, if Licensor has not previously received an Object Code Fee for such copy. For purposes of this Section 4(c), when an object code copy of the Licensed Program is transferred to another party in a form containing a "lock" to prevent anyone from using or operating the Licensed Program unless they obtain from Licensee a corresponding "key," that copy shall be deemed to be "distributed" when Licensee provides the "key" to such party. Licensee also shall have the option to pay for such object code copies under either a cumulative volume discount schedule or under a minimum volume commitment schedule as specified in the Applicable Price List.
(d) Run Time Copy Fees. Licensee shall pay the appropriate Run Time Copy fees specified in the Applicable Price List, for each Run Time Copy of the Licensed Program used or distributed by Licensee.
(e) Documentation Fees. Licensee shall pay to Licensor the Documentation Fees as specified in the Applicable Price List, for each copy of Documentation made or distributed by Licensee, its sublicensees, Distributors or sublicensees of its Distributors.
(f) Licensor will furnish one copy of the Licensed Program and one set of Documentation under this Agreement. Licensee shall be entitled to make two additional copies of the Licensed Program and Documentation in source code and object code form without incurring an additional fee. Licensee shall be responsible for reproducing Licensed Programs and Documentation.
The indemnification provision contained in Section 9(a) of the Master Software License Terms and Conditions, as applied to the Licensed Program, shall be limited to the following countries: United States, the EEC countries, Canada, Australia and Japan.
If Licensee has agreed to accept only a Limited Distribution Rights License by indicating so on the Master Software License and Support Agreement, the following changes to Section 2 of the Master Software License Terms and Conditions shall apply:
(a) In lieu of the distribution rights contained in Sections 2(a)(ii) and 2(a)(iii)with respect to the Licensed Program, and in lieu of the distribution rights contained in Sections 2(b)(iii) and 2(b)(iv) with respect to the Documentation, Licensee may distribute only Run Time Copies of the Licensed Program to third parties.
(b) Other than the limited rights granted in this Section 6, Licensee shall have no other rights to sublicense or distribute the Licensed Program or Documentation in any form to any other party.
(c) In lieu of the Source Code Fees applicable to a "Full Distribution Rights" License, Licensee shall pay the Source Code Fees applicable to a "Limited Distribution Rights" License, as specified in the Applicable Price List for the particular Revision of the Licensed Program.
(d) Object Code Fees, Run Time Fees, and Documentation Fees for the "Full Distribution Rights" License as specified in the Applicable Price List shall continue to apply to this "Limited Distribution Rights" License.
If Licensee has agreed to accept only a University Site License by indicating so on the Master Software License and Support Agreement, the following changes to Section 2 of the Master Software License Terms and Conditions shall apply:
(a) In lieu of the distribution rights contained in Sections 2(a)(ii) and 2(a)(iii) with respect to the Licensed Program, and in lieu of the distribution rights contained in Sections 2(b)(iii) and 2(b)(iv) with respect to the Documentation, Licensee may distribute only Run Time Copies of the Licensed Program to third parties.
(b) Other than the rights granted in this Section 7, Licensee shall have no other rights to sublicense or distribute the Licensed Program or Documentation in any form to any other party.
(c) In lieu of the Source Code Fees applicable to a "Full Distribution Rights" License, Licensee shall pay the Source Code Fee applicable to a University Site License, as specified in the Applicable Price List for the particular Revision of the Licensed Program. Licensee shall pay such fee for each entity located at a contiguous geographic area with a single mailing address at which the Licensed Program or Documentation is used ("Licensed Site").
(d) In lieu of the Object Code Fees applicable to a "Full Distribution Rights" Licensee, Licensee shall not owe any Object Code Fee for the internal use of the Licensed Program in object code form at a Licensed Site.
(e) Licensee shall not pay any Fee for the distribution to third parties of a Run Time Copy of the Licensed Program.
(f) In lieu of the Documentation Fees applicable to a "Full Distribution Rights" Licensee, Licensee shall not owe any Documentation Fee for the internal use of the Documentation at a Licensed Site.
In the event of a termination of either this Supplement or the Master Software License and Support Agreement, per Section 7 of the Master Software License Terms and Conditions, Licensor, to the extent Licensor has the right to do so, shall permit any agreements that Licensee has executed with any Distributors authorizing them to distribute object code copies of the Licensed Program, to continue in force and effect for ninety (90) days after such termination, provided that (i) such Distributors are not in breach of any material obligations of such agreements and (ii) such Distributors pay directly to Licensor any licensing fees due to Licensor for such object code copies.
This Supplement is effective on the date the Master Software License and Support Agreement, of which this Supplement forms a part, has been accepted by the Licensor.
© 1995 The Open Group.