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Standard Supplement
Common Desktop Environment
CDE 2.1


Contents

  1. Licensed Program and Documentation
  2. Definitions
  3. Grant Of Rights
  4. License Fees
  5. Trademarks And Other Rights


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

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1. Licensed Program and Documentation

The Licensed Program and Documentation which are subject to this Supplement shall be the Common Desktop Environment Version 2, Revision 1, ("CDE 2.1") as defined and released by Licensor from time to time and all related CDE 2.1 Documentation issued by Licensor. The Licensed Program has been integrated with certain components of Licensor's graphical user interface code bearing the name Motif or OSF/Motif Version 2, Revision 1. The Licensed Program shall become subject to this Supplement when Licensee has acquired a Motif 2.1 license from Licensor and (i) Licensor has accepted a purchase order for the Licensed Program or (ii) Licensor has accepted payment from Licensee of the applicable Source Code Fee(s) for the Licensed Program.

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2. Definitions

a) The term "CPU" shall mean a central processing unit owned or leased by Licensee and located at a Licensee Site, on which Licensee is authorized to use a source code copy of the Licensed Program based upon the applicable Source Code Fee(s) paid to Licensor.

b) The term "Derivative Work" shall mean a work which is based upon the Licensed Program and/or Documentation, as the case may be, such as a revision, enhancement, modification, or any other forms in which the Licensed Program and/or Documentation may be recast, transformed, or adapted, and which, if prepared without authorization of the copyright owners of the Licensed Program and Documentation, would constitute copyright infringement.

c) The term "Externals" shall mean any (i) pictorial, graphic or audio/visual works (including appearance and behavior, icons, screens, music and characters) generated by execution of Computer Programs, and (ii) any application programming interfaces, interoperability interfaces, or other programming interfaces or protocols implemented in the Computer Program, to enable interaction with other computer programs. Externals do not include the Licensed Programs themselves.

d) The term "Motif" means OSF/Motif 2.1 object and/or source code, Documentation and associated Externals of Licensor's OSF/Motif Revision 2 Version 1, including all object code, source code, Documentation and/or any portions thereof, listed in Licensor's Motif 2.1 Price List for the applicable Motif 2.1 Software License, and all portions thereof.

e) The term "Non-Profit Research Organization" shall mean any corporation, association or other legal entity which has been approved by the Internal Revenue Service of the United Sates as being a "Non-Profit" organization under Section 503 (c) of the Internal Revenue Code, and which continues to qualify for such approval during the term of any license granted hereunder, and which is not controlled by, or otherwise associated with, any entity doing business for profit.

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

g) The term "University Site" shall mean a degree-granting educational institution, including its remote campus sites, if any, operating under one (1) Administration/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 Berkeley and the University of California at San Diego do not qualify as a single University Site.

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3. Grant Of Rights

a) The license grants in this Section are in addition to those listed in Section 2 of the Master Software License Terms and Conditions. In addition, while the Licensed Program is being made available by Licensor as integrated with certain Motif 2.1 code, the sole terms and conditions governing the Motif content shall be those embodied in the Standard Supplement for Motif 2.1, and no provision of this CDE 2.1 Supplement is intended to amend or otherwise modify the terms of the Motif 2.1 Standard Supplement. Similarly, the sole terms and conditions to govern the Licensed Program are contained and referenced in this CDE 2.1 Supplement.

b) The Open Group CDE 2.1 Source Non-Commercial Evaluation Only License. Subject to the terms and conditions of this Supplement and Licensee's payment of the applicable fee(s) for The Open Group CDE 2.1 Source Non-Commercial Evaluation Only License, Licensor grants to Licensee and Licensee accepts, a non-exclusive, personal and non-transferable, worldwide license to use, modify and prepare Derivative Works of the Licensed Program and Documentation, in Source Code form, on a CPU at Licensee's Site, for Licensee's own internal evaluation (including development activities performed as part of such evaluation).

Such license includes the right to use the Licensed Program in Source Code form on any CPU(s) at the Site, provided that Licensee has paid Licensor The Open Group CDE 2.1 Source Non-Commercial Evaluation Only License fee for each CPU on which the Source Code will be present and/or can be accessed at any given point(s) in time. In addition, this license does not include any right to distribute the Object Code of the Licensed Program and/or Derivative Work(s), whether internally or externally. However, should Licensee later decide to acquire a Full distribution Rights License per the provisions of Paragraph 3 (b) above, the fee paid for the Non-Commercial Evaluation Only License will be credited in full against the fee due for the Full Distribution Rights License if the version and revision of the Licensed Program then being licensed by Licensor is the same as that originally licensed by Licensee for internal evaluation.

c) The Open Group CDE 2.1 University/Non-Profit Research Organization Site License. Subject to the terms and conditions of this Supplement, and Licensee's payment of the applicable fees, Licensor grants to Licensee, and Licensee accepts, a non-exclusive, personal, non-transferable, worldwide license to use, execute, display, perform, make copies of, modify and prepare Derivative Works of the Licensed Program and Documentation, on CPU's at Licensee's Site, for educational and research and development purposes. Licensee shall be entitled, however, to make copies of the Licensed Program in object code form and the Documentation in Output File form, available to its students and employees for its educational and research purposes respectively, at such Site(s). A University or Non-Profit Research Organization shall be entitled to a License on the same terms set forth in Paragraph 3 (b) above.

d) The rights and licenses granted pursuant to the Master Software Terms and Conditions and this Supplement apply to the pictorial, graphic and audio/visual work of the Externals generated by HP-VUE Code, but only for use on an X Window System as defined or developed by the Massachusetts Institute of Technology, X Consortium or successor organization.

e) Prerequisites:

(i) The rights and licenses granted above require that Licensee be an existing OSF/Motif 2.1 Source Code licensee, as applicable.

(ii) Licensee's right and license to grant sublicenses pursuant to Paragraph 3(c) above will become effective when the Licensee's sublicensees (including Distributors) have executed a written agreement with the Licensee containing terms no less restrictive than the terms undertaken by Licensee under this Agreement. and Licensee has verified with Licensor that the sublicensee(s) (including Distributors) are existing licensee(s) of Version 2.1 or higher of OSF/Motif.

(iii) The rights and licenses granted above require that Licensee, and all sublicensees, place and preserve existing copyright notices, as well as legally sufficient copyright notices, on each copy of the Licensed Program, Documentation and any Derivative Works thereof.

(iv) The rights and licenses granted in Section 2 (a) and (b) of the Master Software Terms and Conditions include the limited right of Licensee and its sublicensees (including Distributors), to distribute those portions of the Licensed Program and Documentation designated as Sun Pre-Existing ToolTalk Code and Documentation or HP Pre-Existing SPCD, (Sub-Process Control Daemon Code), or any Derivative Works thereof, (to the extent that Documentation describes Externals) only:

(1) as part of the Licensed Program or Derivative Works of the Licensed Program; or

(2) as part of any other product, provided that:

(a) the product includes such ToolTalk Code, Documentation, and/or HP SPCD Code to provide linkage to and architectural consistency with the Licensed Program or Derivative Works thereof; (b) the functionality of such ToolTalk Code, Documentation and/or HP SPCD Code is ancillary to the primary functionality of the product; and (c) the product as a whole is not a separate (unbundled) distribution or clone of such Sun ToolTalk Code, Documentation and/or HP SPCD Code; or

(3) if the product does not qualify under subparagraph (i) and (ii) above, Licensee is already licensed under a separate agreement with the licensor of such Sun ToolTalk Code, Documentation and/or HP-SPCD Code to distribute it with such product; or

(4) to the extent that only minor portions of the Sun ToolTalk Code, Documentation and/or HP-SPCD Code are used (provided that such portions do not perform the primary or dominant functions of the Sun ToolTalk Code, Documentation and/or HP-SPCD Code and do not implement the application programming interfaces of such Code and Documentation so as to expose such application programming interfaces to customers); or

(5) as part of the window manager (Desktop Window Manager).

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4. License Fees

a) General: License fees shall be as specified in Licensor's then-current Price List for the Licensed Program, and shall remain in effect until Licensee has entered into a license agreement with Licensor for any next release of the Licensed Program. All License Fees due hereunder are in addition to and not in lieu of, any license fees paid or payable for Motif software. Licensee shall be entitled to make a single copy of the Licensed Program (in source code and/or object code form, as applicable) without payment of an additional Source License Fee or Object Code Fee, provided that such copy is made and used by Licensee solely for archival or back-up purposes.

b) Source Code License Fees. Licensee shall pay the applicable Source Code Fee identified in the Price List, for each CPU on which the Licensed Program is loaded or otherwise accessed at any given point in time. Accordingly, and for example, only one (1) Source Code License Fee will be due if a single licensed copy of the Licensed Program is simply transferred by Licensee from one CPU to another CPU at the same Licensee site and is never used and/or accessed by more than one Licensee CPU at any given point in time.

c) Object Code License Fees. Licensee shall pay the applicable Object Code Fees as specified in the Price List for each copy of the Licensed Program and Derivative Works thereof used and/or distributed by Licensee, its sublicensees, Distributors, as well as sublicensee of Distributors, at any tier. The Object Code Fees shall be paid to Licensor within 60 days after the end of the quarter in which Licensee's obligation to pay the fees accrued.

If Licensee elects either the Motif Option A or Motif Option B Object Code Fee Volume Discount pursuant to the OSF/Motif 2.1 Price List, then Licensee will be eligible for the next volume discount level applicable to Licensee's current Motif Object Code Fee rate. Provided, however, that no discounts will become effective unless Licensee (i) has notified TOG, in writing, of the next level volume discount for which it has qualified, (ii) is a OSF/Motif 2.1 licensee in good standing, and (iii) has received written confirmation from TOG that Licensee has qualified for such discount.

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 another from using or operating the Licensed Program unless they obtain from Licensee a corresponding key , the copy shall be deemed to be distributed when Licensee provides the key to such party.

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5. Trademarks And Other Rights

No provision of this Supplement confers upon Licensee any right or license to use any trademark(s), tradename(s), or service mark(s) of Licensor, or of any developer of, or contributor to, the Licensed Program and Documentation licensed hereunder. Except as specifically provided herein, no license or right is granted to Licensee, whether expressly or by implication, estoppel or otherwise, under any patent, trademark, copyright, trade secret or other intellectual property right of Licensor or any developer of/contributor to, the Licensed Program and/or Documentation licensed hereunder.



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