I've started packaging the toolkit, and while I was looking through the
docs I discovered this formal legalese stuff. I don't speak lawyer, nor
do I know enough about the licenses Debian willingly puts up with to say
whether this is OK or not.
So is this tolerable?
-- starts --
1. This License Agreement, effective as of April 1, 1996, is between:
Carnegie Mellon University having a principal place of business at
5000 Forbes Avenue, Pittsburgh, PA 15213-3890 (``CMU''); and a company
(``COMPANY'').
2. CMU owns intellectual property rights to the computer software,
electronic information and data, in all forms and versions, identified
as Amulet, described in CMU Docket 96-050 (``Software''), and
associated documentation (``Document''), collectively (``Program'').
3. CMU grants to COMPANY, upon the terms and conditions set out below,
a fully-paid, nonexclusive, world-wide, royalty-free, non-revocable,
commercial license to use the Program, or any portion thereof, for any
purpose, including, but not limited to, the right to grant sublicenses
under CMU's patent and trade secret rights, and copyrights, including
any renewals and extensions, the right to use, copy adapt, prepare
derivative works of, distribute, sell, lease, or otherwise dispose of,
reverse engineer, or disassemble the Software, or any portion thereof
(including all subsequent editions, revisions, supplements, and
versions thereof), and CMU acknowledges that COMPANY hereby grants no
reciprocal rights.
4. COMPANY acknowledges that the Program is a research tool still in
the development stage, that it is being supplied ``as is,'' without
any accompanying services or improvements from CMU.
5. CMU MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED AS
TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, WARRANTY OF FITNESS FOR
PURPOSE, OR MERCHANTABILITY, EXCLUSIVITY OR RESULTS OBTAINED FROM
SPONSOR'S USE OF ANY INTELLECTUAL PROPERTY DEVELOPED UNDER THIS
AGREEMENT, NOR SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER FOR
INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR
INABILITY TO USE SAID INTELLECTUAL PROPERTY OR ANY APPLICATIONS AND
DERIVATION THEREOF. CMU DOES NOT MAKE ANY WARRANTY OF ANY KIND WITH
RESPECT TO FREEDOM FROM PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT,
OR THEFT OF TRADE SECRETS AND DOES NOT ASSUME ANY LIABILITY HEREUNDER
FOR ANY INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT ARISING
FROM THE USE OF THE PROGRAM, INFORMATION, INTELLECTUAL PROPERTY, OR
OTHER PROPERTY OR RIGHTS GRANTED OR PROVIDED TO IT HEREUNDER. THE USER
AGREES THAT IT WILL NOT MAKE ANY WARRANTY ON BEHALF OF CMU, EXPRESSED
OR IMPLIED, TO ANY PERSON CONCERNING THE APPLICATION OF OR THE RESULTS
TO BE OBTAINED WITH THE PROGRAM UNDER THIS AGREEMENT.
6. COMPANY hereby agrees to defend, indemnify and hold harmless CMU,
its trustees, officers, employees, attorneys and agents from all
claims or demands made against them (and any related losses, expenses
or costs) arising out of or relating to COMPANY's and/or its
sublicensees' use of, disposition of, or conduct regarding the
Licensed Technology and/or Licensed Product including but not limited
to, any claims of product liability, personal injury (including, but
not limited to, death) damage to property or violation of any laws or
regulations including, but not limited to, claims of active or passive
negligence.
7. COMPANY agrees that it will not make any warranty on behalf of CMU,
express or implied, to any person concerning the application of or the
results to be obtained with the Program.
8. Title to copyright to the Program and to Document shall at all
times remain with CMU, and COMPANY agrees to preserve same. COMPANY
agrees not to make any copies of the Document except for COMPANY's
internal use, without prior written consent of CMU. COMPANY agrees to
place the appropriate copyright notice on any such copies. Nothing
herein shall be deemed to grant any license or rights in any other
technology owned by CMU related to the Program.
9. COMPANY owns the rights to derivative works made by or on behalf of
COMPANY. Nothing herein shall be deemed to grant to CMU, or any other
party, any license or any rights in any technology owned by COMPANY
whether or not related to the Program, or any license or any rights to
COMPANY's products whether or not incorporating any portion of the
Software, or any portion of any derivative works thereof, and CMU
acknowledges that CMU has no rights to same.
10. This Agreement shall be construed, interpreted and applied in
accordance with the laws of the Commonwealth of Pennsylvania.
11. Nothing in this Agreement shall be construed as conferring rights
to use in advertising, publicity or otherwise any trademark or the
name of ``CMU''.
12. COMPANY understands that CMU is not responsible for support or
maintenance of the Program.
The complete list of people at CMU by whom Amulet has been developed
by so far is: Brad A. Myers, Alan Ferrency, Rich McDaniel, Robert C.
Miller, Andrew Faulring, Ellen Borison, Bruce D. Kyle, Yoshihiro
Tsujino, Patrick Doane, Andy Mickish, Alex Klimovitski, Amy McGovern,
William Moher, Robert Armstrong, Ashish Pimplapure, Patrick Rogan,
Qiang Rao, and Chun K. So.
_________________________________________________________________
Last Modified: 01:00pm EDT, May 12, 1997
-- ends --
--
Graham Hughes <ghughes@cs.ucsb.edu> MIME OK, PGP preferred
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