Standard Supplement -- CTL 1.0
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Standard Supplement -- CTL 1.0 |
If there is any conflict between this Supplement and the Master Terms and
Conditions and/or the Motif 2.1 or CDE 2.1 Supplements executed between
Licensor and Licensee, the terms of this Supplement shall control.
The Licensed Program and Documentation which are subject to this Supplement shall be Complex Text Layout, ("CTL") as defined and released by Licensor from time to time and all related CTL Documentation issued by Licensor. The Licensed Program shall become subject to this Supplement when Licensee has acquired the prerequisite CDE 2.1 or 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.
a) The term "CDE" means Common Desktop Environment Version 2, Revision 1 ("CDE 2.1") object and/or source code, Documentation and associated Externals of Licensor's CDE 2.1, including all object code, source code, Documentation and/or any portions thereof, listed in Licensor's CDE 2.1 Price List for the applicable CDE Software License, and all portions thereof.
b) The term "Motif" means The Open Group Motif 2.1 object and/or source code, Documentation and associated Externals of Licensor's 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.
c) The term "Run Time Copy" means a copy of any subset of routines from the "libXm", or "liblayout" library files in object code form which is statically linked within an application program and executable only with that single application. The Run Time Copy must not contain 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 from the libXm or liblayout 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.
d) The term "Executive Copy" means a copy of any subset of routines from the "libXm" or "liblayout" library files, and "header" files, or any portion thereof in object code form which is able to be either statically or dynamically linked with an application program.
a) The Licensed Program and Documentation are licensed pursuant to the grants set out in Section 2 of the Master Software License Terms and Conditions, as well as to the provisions of the Motif 2.1 and CDE 2.1 Supplements.
b) Prerequisites:
(i) The rights and licenses granted above require that Licensee be an existing, corresponding CDE 2.1 Source Code licensee or Motif 2.1 Source Code licensee and are in addition to, and not in lieu of, the terms set out in the CDE 2.1 or Motif 2.1 Standard Supplements.
(ii) Licensee's right and license to grant sublicenses pursuant to Paragraph 3 of the Master Software License Terms and Conditions 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 CDE 2.1 or Version 2.1 or higher of 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.
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 CDE or 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, 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. None. Object Code License Fees are included in such object code fees for CDE 2.1 and Motif 2.1.
No provision of this Supplement confers upon Licensee any right or license
to use any trademark(s), trade name(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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Permission is granted to reproduce any portion of the text or graphic images of this document provided that you prominently display both the copyright notice listed above and the following acknowledgment: Portions of this document have been reproduced with the permission of the copyright owner, The Open Group, Inc., Cambridge, MA.