Subject: Re: Results of site name survey

From: [email-masked] (Jim Wright)
Date: Thu, 7 Sep 89 01:12:42 CDT

Here's the article in which it appeared.  To be sure, this little gem
got its share of lampooning.  One of the Commodore folks even posted
saying that the lawyer who wrote it admitted it "wasn't too clear". :-)

Jim

===========================================================================
In article <[email-masked]> [email-masked] (Marco Papa) writes:
>In article <[email-masked]> [email-masked] (Matt Monsoor) writes:
>|I have heard about the upgrade to WorkBench 1.3 and some of our members have
>|copies (one each member).  Is there somthing wrong with posting the upgrade
>|on our club board?  Does it cost to upgrade???  How can 'I' get a copy??
>
>WB 1.3.2 was posted on BIX's closed Developer Conference and was marked NOT
>FOR DISTRIBUTION for the simple reason that it has not passed QA testing yet.
>Some bozo developer posted it on a BBS.  It is clearly illegal to do so.

The above actually referred to WB 1.3.1 beta.  WB 1.3.2 was posted on BIX's
'open' developer conference.  It comes with an "interesting" software license
agreement, which I am enclosing here for your edification :-) It is rumored
that it is closely resembling Apple's software licenses.  Sorry for the foulup.

Enjoy.

Marco
--------------

                    SINGLE COMPUTER END-USER
                   SOFTWARE LICENSE AGREEMENT

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS
SOFTWARE.  ANY DOWNLOADING, REPRODUCTION, COPYING OR OTHER USE OF THE 
SOFTWARE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS AND CONDITIONS.  IF YOU 
DO NOT AGREE WITH THEM YOU SHOULD DISCONTINUE THIS TRANSMISSION.

I.  LICENSE

	Commodore-Amiga, Inc. ("Commodore") makes this Software available 
subject to the following non-exclusive license.  You are responsible
for selecting the appropriate Software (computer programs and related 
documentation) to meet your needs, and for its installation, use and 
results.

	A.  This license allows you to:

		1.  Use the Software only on a single AMIGA computer. 
	You must obtain a supplementary license from Commodore before 
	using the Software in connection with any other use;

		2.  Download the Software only on media that is
	compatible with the AMIGA;

		3.  Make one copy of the Software in any machine
	readable form for backup purposes.  The Software is protected by 
	United States copyright law.  You must reproduce the Commodore 
	copyright notice on any copy of the Software; and 

		4.  Configure the Software for your own use by adding
	or removing fonts, desk accessories and/or device drivers.

	THE SOFTWARE MAY BE USED ONLY FOR PERSONAL OR NON-COMMERCIAL USES 
ON AMIGA COMPUTERS AND MAY NOT BE USED FOR COMMERCIAL PURPOSES OR 
REDISTRIBUTED WITHOUT AN EXPRESS LICENSE FROM COMMODORE (available 
>From Commodore's Software Licensing Department).

	B.  Commodore reserves all rights not expressly granted to you 
	    above.

	C.  The following activities are expressly prohibited by this 
	    license:

		1.  The Software contains trade secrets and in order to
	protect them you may not decompile, reverse engineer, disassemble
	or otherwise reduce the Software to a human perceivable form.  
	You agree not to directly or indirectly divulge to any person or 
	entity the  Software, or any trade secrets related to the Software, 
	until such  time as Commodore makes such information available to
	the public  without restriction.  YOU SPECIFICALLY AGREE NOT TO 
	DECOMPILE, MODIFY, NETWORK, RENT, LEASE, LOAN, SELL OR DISTRIBUTE 
	THE SOFTWARE, OR ANY COPY, IN WHOLE OR IN PART.  YOU UNDERSTAND THAT 
	UNAUTHORIZED REPRODUCTION OF A COPY OF THE SOFTWARE OR UNAUTHORIZED 
	TRANSFER OF  ANY COPY OF THE SOFTWARE MAY SUBJECT YOU TO A LAWSUIT 
	FOR DAMAGES, INJUNCTIVE RELIEF, AND ATTORNEY'S FEES.

		2.  You agree and certify that neither the Software nor
	any other technical data received from Commodore or the direct
	product thereof, is being or will be downloaded, shipped, 
	transferred or reexported, directly or indirectly to Country 
	Groups Q, S, W, Y, or Z (see Attachment 1) or Afghanistan or the 
	People's Republic of China, without prior written approval from 
	Commodore and either a validated export license or written permission 
	from the U.S. Office of Export Administration.

		3.  You agree and certify that you will not use, ship,
	transfer, or reexport any Software or other technical data, or any 
	direct product thereof, related to any commodity that will be used 
	directly or indirectly in the following activities (or in the 
	training of personnel for such activities), whether or not it is 
	specifically designed or modified for such activities;

			(i) designing, developing, fabricating or 
		testing nuclear weapons or nuclear explosive devices;
		        (ii) designing, constructing, fabricating, or
		operating the following facilities, or components for
		such facilities;

				(a)  the chemical processing or irradiated
			special nuclear or source material;
				(b)  the production of heavy water;
				(c)  the separation of isotopes of source 
			and special nuclear material;
				(d)  the fabrication of nuclear reactor fuel
			containing plutonium.

II.  TERM

	The license is effective until terminated.  You may terminate it
at any time by destroying the Software together with all copies.  The 
license will also terminate if you fail to comply with any of the terms or 
conditions of this Agreement.  You agree upon such termination to destroy all
copies of the Software.

III.  DISCLAIMER OF WARRANTY

	THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, 
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ITS MERCHANTABILITY 
OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.  SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU (AND NOT COMMODORE OR A COMMODORE AUTHORIZED REPRESENTATIVE) 
ASSUME THE  ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

	Commodore does not warrant that the functions contained in the 
Software will meet your requirements or that the operation of the Software 
will be uninterrupted or error free or that defects in the Software will be 
corrected.

	SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE 
ABOVE EXCLUSION MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

IV.  LIMITATION OF REMEDIES

	IN NO EVENT WILL COMMODORE OR ITS AFFILIATED COMPANIES BE LIABLE TO 
YOU FOR ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL OR 
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY 
SOFTWARE EVEN IF COMMODORE OR AN AUTHORIZED COMMODORE REPRESENTATIVE HAS 
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY 
OTHER PARTY.

	SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY 
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.

	Commodore's liability to you for actual damages for any cause 
whatsoever, and regardless of the form of the action, will be limited to 
the money paid to Commodore for the Software that caused the damages or that
is the subject matter of, or is directly related to, the cause of action.

V.  GOVERNMENT END-USERS

	If this Software is acquired by or on behalf of a unit or agency of 
the United States Government this provision applies.  This Software:  (a)
was developed at private expense, and no part of it was developed with 
government funds, (b) is a trade secret of Commodore for all purposes of the
Freedom of Information Act, (c) is "commercial computer software" subject to
limited  utilization as provided in the contract between the vendor and the
governmental entity and (d) in all respects is proprietary data belonging
solely to Commodore.

	For units of the Department of Defense (DoD), this Software is sold
only with "Restricted Rights" as that term is defined in the DoD Supplement
to the Federal Acquisition Regulations, 52.227-7013 (b) (3) (ii) and:

	Use, duplication or disclosure is subject to restrictions as set 
forth in subdivision (b) (3) (ii) of the Rights in Technical Data and 
Computer Software clause at 52.227-7013.  Manufacturer:  Commodore, 
1200 Wilson Drive, West Chester, PA  19380.

	If this Software was acquired under a GSA Schedule the 
Government has agreed to refrain from changing or removing any insignia 
or lettering from the Software that is provided or from producing copies 
of manuals or disks (except one copy for backup purposes) and:

		1.  Title to and ownership of this Software and
	documentation and any reproductions thereof shall remain
	with Commodore-Amiga, Inc.

		2.  Use of this Software and documentation shall be
	limited to the facility for which it is acquired; and 

		3.  If use of the Software is discontinued to the
	installation specified in the purchase/delivery order and the 
	Government desires to use it at another location, it may do so 
	by giving prior written notice to Commodore-Amiga, Inc., 
	specifying the type of computer and new location site.

	Governmental personnel using this Commodore Software, other than
	under a DoD contract or GSA Schedule, are hereby on notice that 
	use of this Software is subject to restrictions which are the same 
	as or similar to those specified above.

VI.  GENERAL

	Any attempt to network, rent lease, or sublicense the Software 
	or to transfer any of the rights, duties or obligations under this 
	Agreement is void.

	This Agreement will be construed under the laws of the state of
	Pennsylvania, except for that body of laws dealing with conflict 
	of laws.  If any provision of this Agreement shall be held by a 
	court of competent jurisdiction to be contrary to law, that
	provision will be enforced to the maximum extent permissible, and
	the remaining provisions of this Agreement shall remain in full
	force and effect.

RJG/908:smk
                          ATTACHMENT 1

(Note that this list is current as of January 28, 1987.  You should check 
with the Office of Export Administration for any subsequent updates or 
revisions.)

Country Group Q				Country Group Y
Romania						Albania
						Bulgaria
						Czechoslovakia
Country Group S					Estonia
Libya						German Democratic Republic
						Laos
Country Group W					Latvia
Hungary						Lithuania
Poland						Mongolian People's Republic
						USSR
							
Country Group Z
Cuba
Cambodia
North Korea
Vietnam
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