Open Group Dektop Technologies
Standard Supplement -- OSF/Motif 2.1

If there is any conflict between this Supplement and the Master Software License Terms and Conditions executed between Licensor and Licensee the terms of this Supplement shall control.

Licensed Program and Documentation

The Licensed Program(s) and Documentation subject to this Supplement shall be (i) OSF/Motif Version 2 Revision 1 ("OSF/Motif 2.1") as defined and released by Licensor from time to time, and all related OSF/Motif 2.1 Documentation, and (ii) the OSF/Motif Automated Quality Assurance Test Suite Version 2 Revision 0 (i.e. QATS 2.0) as defined and released by Licensor from time to time, and all related QATS 2.0 Documentation. The Licensed Programs shall become subject to this Supplement (i) upon acceptance of a purchase order or payment for the Revision, or (ii) upon shipment of Version 2 Revision 1 of OSF/Motif and Documentation under an OSF/Motif Software Support Program ("Revision Effective Date") entitling Licensee to receive the same.

Definitions

a) The term "Embedded System" means a computer system which has been designed by the manufacturer for a specific, dedicated, non-user-alterable function. For example, (i) a computer bound within or directly linked to the control or operation of a machine or an appliance, or (ii) a computer which provides an operator interface for the control or operation of a machine or appliance, is an Embedded System. An Embedded System does not allow the user to run, or add, general purpose application software, nor does it allow the user to perform other computer system administration functions.

b) The term "Executive Copy" means a copy of any subset of routines from the "libXm," "libMrm" library files, and "header" files, or any portion thereof in object code from which is able to be either statically or dynamically linked with an application program. The Executive Copy must not contain any portion of either the Window Manager or the User Interface Language component.

c) The term "Floating Copy" means one copy of the Licensed Program in object code form which resided on Licensee's network, is electronically passed or distributed from one user to another, and which no more than one user at a time may use. When a user has completed its use of the copy, the Floating Copy is available for use by another. A Floating Copy may be implemented using a lock and key method (see Section 4 (c) of this Supplement for lock and key), whereby multiple locked copies may reside on the network, unlocked by a single key.

d) The term "Run Time Copy" means a copy of any subset of routines from the "libXm" or "libMrm" library files in object code form which is statically linked within an application program and executable only with that single application. That Run Time Copy must not contain any portion of either the Window Manager or the user Interface Language component, or a shared library of the Licensed Program. Further, it must not enable generation of any portion of the Licensed Program in either source or object code form, nor may it allow any other applications to use the Licensed Program. For example, a software vendor who statically links routines form the "libXm" or libMrm" library files of the Licensed Program in object code form to run only within its application and with no other application has created an acceptable Run time Copy.

e) The term "Single User System" means any computer designed by the manufacturer to allow only one user to operate it at a time. The Single User System must meet the following requirements: (i) the operating system is not capable of accommodating more than one user, (ii) the computer as delivered by the manufacturer is not capable of adding users, and (iii) the computer does not allow another computer to run general purpose applications software on its local processor.

f) The term "Site" means a Licensee facility located within a contiguous geographic area with a single mailing address.

g) The term "University Site" means a degree-granting educational institution, including its remote campus sites, if any, operating under one Administrative/Admissions Department. For example, the University of California at Berkeley and its remote campus sites qualify as a single University Site. However, the University of California at Berkley and the University of California at San Diego do not qualify as a single University Site.

h) The term "X-Terminal" means any hardware and software system that meets all of the following five conditions: (i) the hardware does not now have, nor is it at any time capable of having, the ability to access local or attached mass storage devices such as disk devices, (e.g. fixed, and/or optical) or tape drives; (ii) a floppy disk drive may be attached to an X Terminal, only if it is used exclusively as a convenience for transferring files between a remote host and another user system; the floppy may have no other use or capability; (iii) the hardware may have no bus expansion slots, ports, connectors, and/or controllers to accommodate internal or external mass storage; (iv) the software for the hardware is down loaded into memory at start-up and/or it is in ROM; and (v) the combination of both hardware and software utilizes exclusively the X protocol as the interface to the rest of the system. Specifically, the X client/server protocol must be exclusively used for distributed applications. For example, the system can run both the server and clients on the local processor, however, it can not run a shell, directory listings, generic utilities or commercially available "off the shelf" applications.

Grant of Rights

a) Developer Distribution Rights. The following changes to Section 2 of the Master Software License Terms and Conditions shall apply:

  1. 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 Executive and Run Time Copies to third parties.
  2. Other than the limited rights granted in this Section 3(a), Licensees shall have no other right to sublicense or distribute the Licensed Program or Documentation in any form to any other party.

b) Limited Distribution Rights. The following changes to Section 2 of the Master Software License Terms and Conditions shall apply:

  1. 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, License may distribute only Run Time Copies to third parties. Internal use or distribution to third parties of Run Time Copies shall be solely for use on systems that contain a licensed copy of the Licensed Program in object code form.
  2. Other than the limited rights granted in this Section 3(b), Licensees shall have no other right to sublicense or distribute the Licensed Program or Documentation in any form to any other party.

c) University Site License. The following changes to Section 2 of the Master software Terms and Conditions shall apply:

  1. 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.
  2. Other than the rights granted in this Section 3 (c), Licenses shall have no other right to sublicense or distribute the Licensed Program or Documentation in any form to any other party.

NOTE: If a University Site Licensee chooses to upgrade to Full Distribution Rights, or the Developer Distribution Rights, the Full Distribution Rights or the Developer Distribution Rights License shall define Licensee's right to sublicense or externally distribute the Licensed Program, and the University Site License shall continue to govern Licensee's internal use of the Licensed Program.

d) Style Guide. The following changes are in addition to those listed in Section 2 of the Master Software License Terms and Conditions. With respect to those portions of the Documentation identified as the CDE/Motif Style Guide ("Style Guide") Licensee agrees

(i) to include the following disclaimer on all modifications to or derivative works of such Documentation.

"Portions of this document include text excerpted and/or derived from The Open Group's CDE/Motif Style Guide ("Style Guide") with the permission of The Open Group ("TOG"). However, the text appearing herein does not represent the official TOG version of such Style Guide.

and

(ii) to not use any name or designation for such modification or derivative work that is confusingly similar to the CDE/Motif Style Guide.

e) Files. The following source code files may be distributed with an object code copy only of the Licensed Program solely for the purpose of implementing that object code copy: header files, make files and include files.

f) QATS. The rights for the QATS portion of the Licensed Program and Documentation in this Section 3 (f) are in addition to the rights granted in Sections 2 (c), (d), (e), (f) and (j) of the Master Software License Terms and Conditions. The remainder of Section 2 of said Master Software License Terms and Conditions is hereby deleted for purposes of this Section 3 (f):

(i) Licensor grants to Licensee and Licensee accepts a non-exclusive, non-transferable, worldwide license to use, display, copy, modify and prepare derivative works of the QATS portion of the Licensed Program and Documentation in both source and object code form for Licensee's own internal business purposes.

ii) Licensee shall use, display, copy, modify and prepare derivative works of the QATS portion of the Licensed Program and Documentation in source code or object code form at its own risk, and neither Licensor nor any third party developer of the QATS portion of the Licensed Program shall be responsible for maintaining or supporting such QATS code.

iii) LICENSOR PROVIDES THE QATS 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 MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Furthermore, Licensor's indemnification of Licensee under Section 9 of the Master Software License Terms and Conditions shall not apply to the QATS portion of the licensed Program and Documentation.

iv) Other than the rights provided in this Section 3 (f) above, no right or license to distribute the QATS and related QATS 2.0 Documentation, or any modification thereof, has been granted hereunder.

Licensing Fees

  1. General. Licensing fees shall be as specified in Licensor's then-current Price List for the Licensed Program ("Applicable Price List"), as of the Revision Effective Date. The Licensing Fees for the Licensed Program shall remain in effect for Licensee for the term of this Agreement. Licensee shall not pay any Source or Object Code Fees for a source or object code copy made for archival or back-up purposes.

      NOTES:

    1. Volume Discounts. For purposes of calculating either the minimum volume commitment, or the per copy volume discount, licensee may not count: (i) Run Time Copies, Development Object Code copies, and any other object code copies for which no fee has been paid by Licensee, (ii) different types of object code copies (Executive Copy or mwm), and (iii) different license types (i.e., Single User System or Embedded System).
    2. Object Code Fees. Object Code Fees include: Development Object Code, Executive Copy, Floating Copy, and Run Time Copy Fees.
    3. Source Code Fees. Licensee shall pay the applicable Source Code Fee 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. For purposes of this Paragraph 4 (b), the term "CPU" shall also include a group of CPU's enclosed within the same housing.
    4. Object Code Fees. Licensee shall pay the applicable Object Code Fee specified in the Applicable Price List for each copy of the Licensed Program used or distributed to third parties in object code form by Licensee, its sublicensees, Distributors or sublicensees of its Distributors. If the CPU on which the object code copy of the Licensed Program is used or distributed has been previously licensed by the same Licensee for the same Version, Revision and Update of the Licensed Program, then Licensee shall not owe an additional object code fee for such copy.

      Lock and Key. 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.

    5. Defective Copies. There shall be no Object Code Fee payable for any copies of the Licensed Program that are returned or rejected because of defects or that are used to replace defective copies for which a fee has been paid.
    6. Developer Distribution Rights. Licensee shall pay the Source Code, Object Code, Embedded System, Single User System, and Documentation Fees applicable to a Developer Distribution rights License, as specified in the Applicable Price List for the Licensed Program.
    7. Development Object Code Fees. Licensee shall pay the applicable Development Object Code Fees specified in the Applicable Price List, for each object code copy of the Licensed Program which is used internally by Licensee solely for the purpose of developing application programs incorporating the licensed Programs (or any portion thereof).
    8. Developer Site and Developer Multi-Site Fees. Payment of the Developer Site Fee shall permit Licensee, at a single Site, to copy and use one (1) copy each of the Licensed Program (in both source code and object code forms) and Documentation on each CPU on which Licensee's employees are developing derivative works of the Licensed Program or Documentation. Payment of the Developer Multi-Site Fee shall permit Licensee to exercise these same rights at all worldwide Sites.
    9. Embedded System Fees. Licensee shall pay the Embedded System Fees specified in the Applicable Price List for each Embedded System on which an object code copy of the Licensed Program and documentation is used or distributed by Licensee.
    10. Executive Copy Fees. Licensee shall pay the Executive Copy Fees specified in the Applicable Price List for each Executive Copy of the Licensed Program used or distributed by Licensee.
    11. Floating Copy Fees. Licensee shall pay the Floating Copy Fees specified in the Applicable Price List, for each Floating Copy of the Licensed Program used or distributed by Licensee.
    12. Limited Distribution Rights Fees. Licensee shall pay the Source Code, Object Code, Embedded System, Single User System, and Documentation Fees applicable to a Limited Distribution Rights License, as specified in the Applicable Price List for the Licensed Program.
    13. Run Time Copy Fees. Licensee shall pay the Run Time Copy Fees specified in the Applicable Price List, for each Run Time Copy of the Licensed Program used or distributed by Licensees.
    14. Single User System Fees. Licensee shall pay the Single System User Fees specified in the Applicable Price List, for each Single User System on which an object code copy of the Licensed Program and Documentation is used or distributed by Licensee.
    15. University Site License Fees. Licensee shall pay the Source Code, Objcet Code, Embedded System, Single User System, and Documentation Fees applicable to a University Site License, as specified in the Applicable Price List for the Licensed Program.
    16. Upgrades. If Licensee upgrades an object code copy of the Licensed Program either via a change in: (i) the Version, Revision, or Update level, (ii) the type of object code copy (i.e., Run Time Copy to Executive Copy), or (iii) the type of license (i.e., Embedded System to Single User System) Licensee shall pay the Applicable Price List fee for such upgrade.
    17. Window Manager Fees. Licensee shall pay the Fees specified in the applicable Price List for each X-Terminal, or Single User System on which an object code copy of the Window Manager (mwm) file is used or distributed to third parties by Licensee, its sublicensees, Distributors or sublicensees of its Distributors. The "mwm" files are the files identified in the following directory: $(TOP)/clients/mwm/.

        
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