[TUHS] SCO removed the anchient UNIX offer web page
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Fri Jun 20 09:35:39 AEST 2003
20th Jun 2003
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SCO Ancient Unix
Software License Agreement
THE SANTA CRUZ OPERATION, INC. ("SCO") HEREBY GRANTS TO YOU THE SPECIAL
SOFTWARE LICENSE AGREEMENT STATED BELOW ONLY FOR THE PURPOSES STATED IN THIS
SPECIAL SOFTWARE LICENSE AGREEMENT. BY DOWNLOADING, INSTALLING, OR USING THE
ANCIENT UNIX SOURCE CODE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SPECIAL
SOFTWARE LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT.
THE SANTA CRUZ OPERATION, INC. SPECIAL SOFTWARE LICENSE AGREEMENT FOR ANCIENT
UNIX SOURCE CODE (AGREEMENT)
A. THE SANTA CRUZ OPERATION, INC., a California corporation (SCO), having an
office at 400 Encinal Street, Santa Cruz, California 95061-1900 and you as
LICENSEE, agree that, as of the Effective Date hereof, as defined in Section
7.1, the terms and conditions set forth in this AGREEMENT shall apply to use by
LICENSEE of SOURCE CODE PRODUCTS subject to this AGREEMENT.
B. SCO makes certain licensing rights for SOURCE CODE PRODUCTS available under
this AGREEMENT, including rights to make and use DERIVED BINARY PRODUCTS. Such
SOURCE CODE PRODUCT is identified in Section 3 of this AGREEMENT .
C. This AGREEMENT sets forth the entire agreement and understanding between the
parties as to the subject matter hereof and merges all prior discussions
between them, and neither of the parties shall be bound by any conditions,
definitions, warranties, understandings or representations with respect to such
subject matter other than as expressly provided herein or as duly set forth on
or subsequent to the date of acceptance hereof in writing and signed by a
proper and duly authorized representative of the party to be bound thereby. No
provision appearing on any form originated by LICENSEE shall be applicable
unless such provision is expressly accepted in writing by an authorized
representative of SCO.
D. The AUTHORIZED COUNTRY for this AGREEMENT shall be any countries not
excluded by Section 5.2
1.1 AUTHORIZED COUNTRY means one or more countries specified above.
1.2 CPU means a computer having one or more processing units and a single
global memory space.
1.3 COMPUTER PROGRAM means any instruction or instructions for controlling the
operation of a CPU.
1.4 DERIVED BINARY PRODUCT means COMPUTER PROGRAMS in OBJECT CODE format based
on a SOURCE CODE PRODUCT.
1.5 DESIGNATED CPU means all CPUs licensed as such for a specific SOURCE CODE
1.6 OBJECT CODE means a COMPUTER PROGRAM in binary form, resulting from the
compilation of SOURCE CODE by computer or compiler into machine executable code
and which is in a form of computer programs not convenient to human
understanding of the program logic, but which is appropriate for execution or
interpretation by computer.
1.7 SOURCE CODE means COMPUTER PROGRAMS written in certain programming
languages in electronic media form and in a form convenient for reading and
review by a trained individual, such
as a printed or written listing of programs, containing specific algorithms,
instructions, plans, routines and the like, for controlling the operation of a
computer system, but which is not in a form that would be suitable for
execution directly on computer hardware.
1.8 SOURCE CODE PRODUCT means a SCO software offering, primarily in SOURCE CODE
form. Such offering may also include OBJECT CODE components.
1.9 SUCCESSOR OPERATING SYSTEM means a SCO software offering that is (i)
specifically designed for a 16-Bit computer, or (ii) the 32V version, and (iii)
specifically excludes UNIX System V and
successor operating systems.
2. GRANT OF RIGHTS
2.1 (a) SCO grants to LICENSEE a personal, nontransferable and nonexclusive
right to use, in the AUTHORIZED COUNTRY, each SOURCE CODE PRODUCT identified in
Section 3 of this AGREEMENT, solely for personal use (as restricted in Section
2.1(b)) and solely on or in conjunction with DESIGNATED CPUs, and/or Networks
of CPUs, licensed by LICENSEE through this SPECIAL SOFTWARE LICENSE AGREEMENT
for such SOURCE CODE PRODUCT. Such right to use
includes the right to modify such SOURCE CODE PRODUCT and to prepare DERIVED
BINARY PRODUCT based on such SOURCE CODE PRODUCT, provided that any such
modification or DERIVED BINARY PRODUCT that contains any part of a SOURCE CODE
PRODUCT subject to this
AGREEMENT is treated hereunder the same as such SOURCE CODE PRODUCT. SCO claims
no ownership interest in any portion of such a modification or DERIVED BINARY
PRODUCT that is not part of a SOURCE CODE PRODUCT.
(b) Personal use is limited to noncommercial uses. Any such use made in
connection with the development of enhancements or modifications to SOURCE CODE
PRODUCTS is permitted only if (i) neither the results of such use nor any
enhancement or modification so developed is intended primarily for the benefit
of a third party and (ii) any copy of any such result, enhancement or
modification, furnished by LICENSEE to a third party holder of an equivalent
Software License with SCO where permitted by Section 8.4(b) below, is furnished
for no more than the cost of reproduction and shipping. Any such copy that
includes any portion of a SOURCE CODE PRODUCT shall be subject tothe provisions
of such Section 8.4.
(c) LICENSEE may produce printed and on-line copies of documentation included
with the SOURCE CODE PRODUCT as necessary for use with the DESIGNATED CPUs. All
copies must include a legally sufficient copyright notice and a statement that
the documents include a portion or all of SCO's copyrighted documentation,
which is being reproduced with permission.
(d) Commercial use by LICENSEE of SOURCE CODE PRODUCTS or of any result,
enhancement or modification associated with the use of SOURCE CODE PRODUCTS
under this AGREEMENT is not permitted. Such commercial use is permissible only
pursuant to the terms of an appropriate commercial software agreement between
SCO or a corporate affiliate thereof and LICENSEE. For purposes of this
AGREEMENT, commercial use includes, but is not limited to, furnishing copies to
third parties in a manner not permitted by Section 8.4(b).
(e) SCO also grants LICENSEE a personal, nontransferable and nonexclusive right
to make copies of DERIVED BINARY PRODUCTS and, subject to U. S. Government
export requirements and to Section 8.4(b), to furnish such copies directly to
other LICENSEES who have an equivalent Software License with SCO before or at
the time of furnishing each copy of a DERIVED BINARY PRODUCT.
2.2 (a) Any notice acknowledging a contribution of a third party appearing in a
SOURCE CODE PRODUCT shall be included in corresponding portions of DERIVED
BINARY PRODUCTS made by LICENSEE.
(b) Each portion of a DERIVED BINARY PRODUCT shall include an appropriate
copyright notice. Such copyright notice may be the copyright notice or notices
appearing in or on the corresponding portions of the SOURCE CODE PRODUCT on
which such DERIVED BINARY PRODUCT is based or, if copyrightable changes are
made in developing such DERIVED BINARY PRODUCT, a copyright notice
identifying the owner of such changes.
2.3 No right is granted hereunder to use any trademark of SCO (or a corporate
affiliate thereof). However, LICENSEE must state in packaging, labeling or
otherwise that a DERIVED BINARY PRODUCT is derived from SCO's software under
license from SCO and identify such software (including any trademark, provided
the proprietor of the trademark is appropriately identified). LICENSEE agrees
not to use a name or trademark for a DERIVED BINARY PRODUCT that is confusingly
similar to a name or trademark used by SCO (or a corporate affiliate thereof).
2.4 A single back-up CPU may be used as a substitute for the DESIGNATED CPU
without notice to SCO during any time when such DESIGNATED CPU is inoperative
because it is malfunctioning or undergoing repair, maintenance or other
3. LICENSED SOURCE CODE PRODUCTS
The SOURCE CODE PRODUCTS to which SCO grants rights under this AGREEMENT are
restricted to the following UNIX Operating Systems, including SUCCESSOR
OPERATING SYSTEMs, that operate on the 16-Bit PDP-11 CPU and early versions of
the 32-Bit UNIX Operating System with specific exclusion of UNIX System V and
successor operating systems:
16-Bit UNIX Editions 1, 2, 3, 4, 5, 6, 7 32-bit 32V
SCO makes no guarantees or commitments that any SOURCE CODE PRODUCT is
available from SCO. If available, and upon acceptance by LICENSEE of the terms
of this AGREEMENT, SCO will provide LICENSEE one (1) copy of such SOURCE CODE
PRODUCT via its FTP site established for such purpose.
5.1 LICENSEE agrees that it will not, without the prior written consent of SCO,
export, directly or indirectly, SOURCE CODE PRODUCTS covered by this AGREEMENT
to any country outside of the AUTHORIZED COUNTRY.
5.2 LICENSEE acknowledges that the SOURCE CODE PRODUCTS, the media, and any
immediate product (including processes) produced directly by the use of any
such SOURCE CODE PRODUCTS are subject to export controls under the U.S. Export
Administration Regulations and the export regulations of other countries.
LICENSEE may not export or re-export, directly or indirectly, the SOURCE CODE
PRODUCTS, the media, any related technical information or materials covered by
this AGREEMENT, or any immediate product (including processes) produced
directly by the use of any such SOURCE CODE PRODUCTS to any country that is in
violation of U.S. Export Administration Regulations and/or the export
regulations of other countries unless an appropriate authorization from the
U.S. Commerce Department and any other relevant government authority has been
5.3 LICENSEE agrees that its obligations under Sections 5.1 and 5.2 shall
survive and continue after any termination of rights under this AGREEMENT.
6. FEES AND TAXES
6.1 The rights granted to LICENSEE for use of the SOURCE CODE PRODUCTS
identified in Section 3 above are granted to LICENSEE at no charge.
6.2 LICENSEE shall pay all taxes (and any related interest or penalty), however
designated, imposed as a result of the existence or operation of this
AGREEMENT, except (i) any tax imposed upon SCO (or a corporate affiliate
thereof) in the jurisdiction in which LICENSEE is located if such tax is
allowable as a credit against United States income taxes of SCO (or such an
affiliate) and (ii) any income tax imposed upon SCO (or such an affiliate) by
the United States or any governmental entity within the United States proper
(the fifty (50) states and the District of Columbia). To assist in obtaining
the credit identified in (i) of this Section 6.2, LICENSEE shall furnish SCO
with such evidence as may be required by United States taxing authorities to
establish that any such tax has been paid. If SCO is required to collect a tax
to be paid by LICENSEE, LICENSEE shall pay such tax to SCO on demand.
7.1 This AGREEMENT shall become effective on and as of the date of acceptance
of the terms of this AGREEMENT. The initial term of this AGREEMENT shall be for
one (1) year. Thereafter, the AGREEMENT will automatically renew for successive
one (1) year terms unless either party gives the other, no later than ninety
(90) days before the end of the initial term, or then current extension,
written notice of its intent to terminate this AGREEMENT. Nothing in this
AGREEMENT shall be construed to require either party to extend this AGREEMENT
beyond the initial term or any subsequent term.
7.2 LICENSEE may terminate its rights under this AGREEMENT by written notice to
SCO certifying that LICENSEE has discontinued use of and returned or destroyed,
at SCO's option, all copies of SOURCE CODE PRODUCTS subject to this AGREEMENT.
7.3 If LICENSEE fails to fulfill one or more of its obligations under this
AGREEMENT, SCO may, upon its election and in addition to any other remedies it
might have, at any time terminate all the rights granted by it hereunder to
LICENSEE. Upon such termination LICENSEE shall immediately discontinue use of
and return or destroy, at SCO's option, all copies of SOURCE CODE PRODUCTS in
7.4 In the event of termination of LICENSEE's rights under Sections 7.2 or 7.3,
(i) all fees that LICENSEE has become obligated to pay shall become immediately
due and payable and (ii) SCO shall have no obligation to refund any amounts
paid to it hereunder.
8. MISCELLANEOUS PROVISIONS
8.1 This AGREEMENT shall prevail notwithstanding any conflicting terms or
legends which may appear in a SOURCE CODE PRODUCT.
8.2 SCO warrants that it is empowered to grant the rights granted herein. SCO
and other developers make no other representations or warranties, expressly or
impliedly. By way of example but not of limitation, SCO and other developers
make no representations or warranties of merchantability or fitness for any
particular purpose, or that the use of any SOURCE CODE PRODUCT will not
infringe any patent, copyright or trademark. SCO and other developers shall not
be held to any liability with respect to any claim by LICENSEE, or a third
party on account of, or arising from, the use of any SOURCE CODE PRODUCT.
8.3 Neither the execution of this AGREEMENT nor anything in any SOURCE CODE
PRODUCT shall be construed as an obligation upon SCO or any other developer to
furnish any person, including LICENSEE, any assistance of any kind whatsoever,
or any information or documentation.
8.4 (a) LICENSEE agrees that it shall hold all parts of the SOURCE CODE
PRODUCTS subject to this AGREEMENT in confidence for SCO. LICENSEE further
agrees that should it make such disclosure of any or all of such SOURCE CODE
PRODUCTS (including methods or concepts utilized therein) to anyone to whom
such disclosure is necessary to the use for which rights are granted hereunder,
LICENSEE shall appropriately notify each such person to whom any such
disclosure is made that such disclosure is made in confidence and shall be kept
in confidence and have each such person sign a confidentiality agreement
containing restrictions on disclosure substantially similar to those set forth
If LICENSEE should become aware of a violation of SCO's intellectual property
and/or proprietary rights, LICENSEE shall promptly notify SCO and cooperate
with SCO in such enforcement.
If information relating to a SOURCE CODE PRODUCT subject to this AGREEMENT at
any time becomes available without restriction to the general public by acts
not attributable to LICENSEE, LICENSEE's obligations under this section shall
not apply to such information after such time.
(b) Notwithstanding the provisions of Section 8.4(a), LICENSEE may make
available copies of a SOURCE CODE PRODUCT, either in modified or unmodified
form, to third parties in the AUTHORIZED COUNTRY having Source Code Licenses of
the same scope herewith from SCO for the same SOURCE CODE PRODUCT, if and only
if (i) LICENSEE first requests verification of the status of the recipient by
contacting SCO at the address contained in Section 8.8(a) or other number
specified by SCO, and (ii) SCO gives written verification of the recipient's
software license status. LICENSEE shall maintain a record of each such SOURCE
CODE PRODUCT made available.
8.5 On SCO's request, but not more frequently than annually, LICENSEE shall
furnish to SCO a statement, listing the location, type and serial number of the
DESIGNATED CPU hereunder and stating that the use by LICENSEE of SOURCE CODE
PRODUCTS subject to this AGREEMENT has been reviewed and that each such SOURCE
CODE PRODUCT is being used solely on the DESIGNATED CPU (or temporarily on a
back-up CPU) for such SOURCE CODE PRODUCTS in full compliance with the
provisions of this AGREEMENT.
8.6 The obligations of LICENSEE under Section 8.4 shall survive and continue
after any termination of rights under this AGREEMENT.
8.7 Neither this AGREEMENT nor any rights hereunder, in whole or in part, shall
be assignable or otherwise transferable by LICENSEE and any purported
assignment or transfer shall be null and void.
8.8 (a) Correspondence with SCO relating to this AGREEMENT shall be sent to:
THE SANTA CRUZ OPERATION, INC.
400 Encinal Street
Santa Cruz, California 95061-1900
United States of America
Attention: Law and Corporate Affairs
8.9 LICENSEE shall obtain all approvals from any governmental authority in the
AUTHORIZED COUNTRY required to effectuate this AGREEMENT according to its
terms, including any such approvals required for LICENSEE to make payments to
SCO pursuant to this AGREEMENT. LICENSEE shall bear all expenses associated
with obtaining such approvals.
8.10 The construction and performance of this AGREEMENT shall be governed by
the laws of the State of California, USA.
Click ACCEPT to proceed.
[Buttons still work, in fact I just got my copy of Sys III :) ]
Last reviewed Mayl 2, 2000
--- Kenneth Stailey <kstailey at yahoo.com> wrote:
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