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[Note: Lucent Technologies Inc., including its research and
development arm Bell Labs, is in process of being separated from AT&T
Corp. It is expected that Plan 9 licensing and marketing activities
will remain with Lucent, and that the terms and conditions stated
below, although still written as an agreement with AT&T, will remain
the same as the transition to an independent Lucent Technologies takes
place.]
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PLAN 9 (TM) LICENSE AGREEMENT
THE ENCLOSED SOFTWARE IS LICENSED TO CUSTOMERS FOR THEIR USE ONLY ON
THE TERMS SET FORTH BELOW. BY OPENING THIS PACKAGE, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS,
PROMPTLY RETURN THE UNOPENED SOFTWARE PACKAGE AND ACCOMPANYING
MATERIALS TO THE PLACE WHERE YOU OBTAINED THEM FOR A FULL REFUND.
1. LICENSE. AT&T Corp. (AT&T) grants you, the LICENSEE, a personal,
non-transferable and non- exclusive license to use the enclosed
software programs, documentation, and other materials (collectively
SOFTWARE), subject to the terms and restrictions of this Agreement.
The term SOFTWARE includes any works derived or modified from the
enclosed materials, but does not include your original works, even
though they conform to specifications included in the SOFTWARE
provided such works are not derived or modified from the SOFTWARE.
2. INTELLECTUAL PROPERTY. The SOFTWARE is owned by AT&T or its
suppliers and is protected by copyright and trade secret law. EXCEPT
AS DESCRIBED IN THIS SECTION, YOU MAY NOT USE, COPY, OR TRANSFER THE
SOFTWARE, IN SOURCE OR IN OBJECT FORM, OR ANY MODIFICATION OR
DERIVATIVE WORK THEREOF, IN WHOLE OR IN PART TO ANY THIRD PARTY.
This SOFTWARE may be used by you or by an organization of which you
are a member or employee solely for research or educational purposes.
Without executing an applicable sublicense with AT&T, no part of the
SOFTWARE may be published, sold, or offered for sale, nor may any part
of the SOFTWARE be made available on a computer network external to
you or your organization, nor may commercial services utilizing this
SOFTWARE be sold or offered for sale. You may transmit derived or
modified portions of this SOFTWARE specifically to other LICENSEES of
AT&T who are bound by the terms of this Agreement solely for their
internal research or educational purposes.
You agree to treat any modification or derivative work of the SOFTWARE
as if it were part of the SOFTWARE itself and you hereby grant to AT&T
and its affiliates a royalty-free license under the licensee's
Intellectual Property rights to the modifications and derivative
works. (AT&T claims no ownership interest in any portion of a
modification or derivative work that does not contain or embody part
of the SOFTWARE.)
Certain portions of this SOFTWARE are included by license of others.
You must not copy or distribute the Bigelow and Holmes, Inc. or Y&Y
Inc. fonts described in NOTICE files contained in the SOFTWARE, and
any printout of these fonts and typefaces must be of the same
resolution as that displayed on a screen. You must not copy,
distribute, reverse engineer, decompile or otherwise attempt to derive
source code from the Artifex Software Inc. software, nor the Sky
Publishing Corporation, Inc. NGC 2000.0 database as described in the
NOTICE files contained in the SOFTWARE.
Operation of the SOFTWARE may use inventions which are the subject
matter of one or more of AT&T's issued or pending patents. No license
under any AT&T existing or future patents is granted by AT&T to you
except that which is necessary for the limited use of the SOFTWARE in
the form provided to you and as authorized herein.
3. TERMINATION. This license is effective until terminated. Except for
Sections 2, 4, 5, 6, 7 and 8, this License shall terminate
automatically upon breach of your obligation. Upon termination, you
agree that you will return the original copy to AT&T and destroy all
others. This remedy shall be in addition to any other remedies
available to AT&T.
4. LIMITED WARRANTY. (a) AT&T warrants that the media on which the
SOFTWARE is distributed is free from defects in materials and
workmanship under normal use for a period of 90 days from the date of
purchase. If within such 90 day period you have documented to AT&T, in
writing, a defect covered by this limited warranty, AT&T will replace
the defective media without charge. You agree that the sole remedy
available to you will be the replacement of the software media. AT&T
bears no responsibility for supplying assistance for fixing or for
communicating known errors to you pertaining to the SOFTWARE supplied
hereunder. (b) AT&T DOES NOT WARRANT THAT THE FUNCTIONS 0F THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT SOFTWARE OPERATION WILL
BE ERROR-FREE OR UNINTERRUPTED (c) EXCEPT AS SPECIFICALLY PROVIDED IN
THIS AGREEMENT, THERE ARE NO OTHER WARRANTIES EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF THE
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR AGAINST
INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF A THIRD PARTY, WITH RESPECT
TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. (d) SOME
STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMIATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM ONE STATE OR JURISDICTION TO ANOTHER.
5. EXCLUSIVE REMEDIES. YOU AGREE THAT YOUR SOLE REMEDY AGAINST AT&T,
ITS AFFILIATES, SUPPLIERS, AND AGENTS FOR LOSS OR DAMAGE CAUSED BY ANY
DEFECT OR FAILURE IN THE SOFTWARE REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, SHALL BE THE REPLACEMENT OF AT&T FURNISHED SOFTWARE,
PROVIDED SUCH SOFTWARE IS RETURNED TO AT&T. THIS SHALL BE EXCLUSIVE OF
ALL OTHER REMEDIES AGAINST AT&T, ITS AFFILIATES, CONTRACTORS,
SUPPLIERS OR AGENTS, EXCEPT FOR YOUR RIGHT TO CLAIM DAMAGES FOR BODILY
INJURY TO ANY PERSON.
6. U.S. GOVERNMENT RESTRICTED USE. If you are acquiring the SOFTWARE
on behalf of any unit or agency of the U.S. Government, the following
shall apply: (i) for units of the Department of Defense: use,
duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data andComputer Software Clause at DFAR 252.227-7013; (ii)
for any other unit or agency: use, reproduction or disclosure is
subject to the restrictions set forth in subparagraphs (a) through (d)
of the Commercial Computer Software - Restricted Rights clause at FAR
52.227-19, and the limitations set forth in AT&T's standard commercial
agreement for SOFTWARE.
7. GENERAL. This Agreement shall be construed in accordance with and
governed by the laws of the State of New York, United States of
America.
8. ENTIRE AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT AND THAT, EXCEPT FOR SEPARATE WRITTEN
AGREEMENTS BETWEEN YOU AND AT&T, THIS AGREEMENT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF YOUR AGREEMENT WITH AT&T WHICH SUPERSEDES ANY
PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY COMMUNICATIONS BETWEEN AT&T
AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Contractor/manufacturer is AT&T Software Solutions Group. Should you
have any questions concerning this Agreement, you may contact AT&T
Software Solutions Group by writing to: AT&T Software Solutions Group,
10 Independence Blvd., Warren, NJ 07059.
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