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.