96 lines
5 KiB
Text
96 lines
5 KiB
Text
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Critical Mass License Agreement
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Critical Mass Modula-3 (CM3)
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1. Grant Of License. Critical Mass, Inc., 1770 Massachusetts Ave.
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Cambridge, MA 02140 USA ("CRITICAL MASS"), grants to you
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("LICENSEE") the non-exclusive, non-transferable, royalty free
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right to use, modify, reproduce and distribute Critical Mass
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Modula-3 ("SOFTWARE") subject to the terms set forth herein. Any
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distribution of SOFTWARE shall include this Critical Mass License
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Agreement in human readable form.
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2. Title to Intellectual Property and Software. Subject to the
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limited rights and licenses granted under this License Agreement,
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all rights, title and interests including patent, copyright, and
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trademark rights in SOFTWARE are and shall remain vested in
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CRITICAL MASS to the exclusion of LICENSEE. CRITICAL MASS
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represents and warrants that CRITICAL MASS has the legal right to
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grant such licenses as are expressly granted under this Agreement.
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3. Copyright. The SOFTWARE is owned by CRITICAL MASS or its
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suppliers and is protected by United States copyright laws and
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international treaty provisions. Therefore, you must treat the
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SOFTWARE like any other copyrighted material (e.g., a book or
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musical recording) except that you may use the SOFTWARE as
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provided in this Critical Mass License Agreement.
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4. Improvements. LICENSEE hereby grants to CRITICAL MASS a
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non-exclusive, non-transferable, royalty free right to use,
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modify, reproduce and distribute with the right to sublicense at
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any tier, any improvements, enhancements, extensions, or
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modifications that LICENSEE make to SOFTWARE, provided such are
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returned to CRITICAL MASS by LICENSEE.
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5. DISCLAIMER OF WARRANTY. Because the SOFTWARE is a research work
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and not a released product, it is provided "AS IS" WITHOUT
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WARRANTY OF ANY KIND AND WITHOUT ANY SUPPORT SERVICES. EXCEPT AS
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SPECIFICALLY PROVIDED ABOVE IN SECTION 2, CRITICAL MASS FURTHER
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DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF
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MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE
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ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE
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REMAINS WITH YOU.
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6. Limitation of Liability. IN NO EVENT SHALL CRITICAL MASS OR ITS
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SUPPLIERS BE LIABLE IN AN AMOUNT THAT EXCEEDS THE LICENSE FEE PAID
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BY LICENSEE FOR ANY DAMAGES (INCLUDING, WITH LIMITATION, DAMAGES
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FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
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BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), REGARDLESS OF THE
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FORM OF CLAIM OR ACTIONS, ARISING OUT OF THE USE OF OR INABILITY
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TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF CRITICAL MASS HAS
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
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STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
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CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
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APPLY TO YOU.
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7. Acknowledgement of Allocation of Risk. LICENSEE acknowledges and
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agrees that the fees charged by CRITICAL MASS in this Agreement
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reflect the allocation of risks provided by the foregoing
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limitation of liability. LICENSEE acknowledges and represents
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that it has read and understands these allocations of risk
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limiting the liability of CRITICAL MASS and that it understands
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that a modification of the allocation of risks set forth in this
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agreement would affect the fees charged by CRITICAL MASS, and that
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LICENSEE, in consideration of such fees, agrees to such
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allocations of risk.
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8. LICENSEE INDEMNIFICATION. LICENSEE SHALL INDEMNIFY CRITICAL MASS
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AGAINST ALL COSTS AND DAMAGE JUDGEMENTS, INCLUDING ATTORNEY'S FEES
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AND COSTS OF DEFENSE, INCURRED BECAUSE OF CLAIMS OF DAMAGE ARISING
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FROM LICENSEE'S POSSESSION OR USE OR INABILITY TO USE SOFTWARE.
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9. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are
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provided with RESTRICTED RIGHTS. Use duplication, or disclosure
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by the Government is subject restrictions as set forth in
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subparagraph (c)(1)(ii) of The Rights in Technical Data and
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Computer Software clause in DFARS 252.227-7013, or subparagraphs
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(c)(i) and (2) of the Commercial Computer Software -- Restricted
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Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
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Critical Mass, Inc., 1770 Massachusetts Ave., Cambridge, MA 02140
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USA.
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10. Severability. If any provision of the Agreement is held illegal
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or unenforceable by any court of competent jurisdiction, such
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provision shall be deemed separable from the remaining provisions
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of this Agreement and shall not affect or impair the validity or
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enforceability of the remaining provisions of this Agreement.
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11. Governing Law. This Agreement is governed by the laws of the
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Commonwealth of Massachusetts.
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12. Publicity. You my not use the name of CRITICAL MASS in any
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advertisement, press release or other publicity with reference to
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Critical Mass Modula-3 without prior written consent of CRITICAL
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MASS.
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