Hello Debian Legal Guys, I've recently adopted a non-free package (simh-rsts-images). During the process of renaming the package, an ftpmaster has concerns that the license perhaps prevents even inclusion in the non-free archive.
I've included the license below. The point of concerns are:
"...to use such software technology at his or her residence for
personal, non-commercial purposes."
"...to use and copy the SOFTWARE TECHNOLOGY solely for personal,
non-commercial uses in conjunction with the EMULATOR."
Which leads to the question: "Do those clauses exclude having the
packaged software resident on Debian mirrors."
The ftpmaster and I were hoping some license experts could help us.
Thanks!
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LICENSE AGREEMENT
This Agreement, dated ________________, is entered into by Mentec
Inc., a Massachusetts Company, located at 55 Technology Drive, Lowell,
MA 01851, U.S.A. (MENTEC), and
_____________________________________________ having a residence at
__________________________________________________________ (CUSTOMER).
Whereas, MENTEC owns the rights to the following PDP-11 Operating
Systems and associated layered products (RT-11 V5.3 or prior, RSTS/E
V9.6 or prior, RSX-11M V4.3 or prior, RSX-11M PLUS V3.0 or prior)
(SOFTWARE TECHNOLOGY) and is prepared to grant a non-exclusive license
to use such SOFTWARE TECHNOLOGY for personal, non-commercial purposes;
Whereas, CUSTOMER desires to enter into a License Agreement which will
allow CUSTOMER to use such software technology at his or her residence
for personal, non-commercial purposes;
MENTEC and CUSTOMER agree as follows:
1 DEFINITIONS
SOFTWARE TECHNOLOGY shall mean the binary versions of the PDP-11
Operating Systems (RT-11 V5.3 or prior, RSTS/E V9.6 or prior, RSX-11M
V4.3 or prior, RSX-11M PLUS V3.0 or prior), and associated utilities
and layered products that run on PDP-11 computers.
MENTEC?S INTELLECTUAL PROPERTY RIGHTS shall mean MENTEC?s patent,
copyright and trade secret rights in its SOFTWARE TECHNOLOGY.
EMULATOR shall mean software owned by Digital Equipment Corporation
that emulates the operation of a PDP-11 processor and allows PDP-11
programs and operating systems to run on non-PDP-11 systems.
2 LICENSE GRANT
MENTEC grants to CUSTOMER a worldwide, non-exclusive, royalty-free
license under MENTEC's INTELLECTUAL PROPERTY RIGHTS to use and copy
the SOFTWARE TECHNOLOGY solely for personal, non-commercial uses in
conjunction with the EMULATOR.
3 TECHNOLOGY TRANSFER AND ACCEPTANCE
3.1 CUSTOMER is responsible for obtaining copies of SOFTWARE
TECHNOLOGY and accepts the SOFTWARE TECHNOLOGY "AS IS".
3.2 MENTEC is under no obligation to supply SOFTWARE TECHNOLOGY,
documentation, error corrections or updates to the SOFTWARE
TECHNOLOGY if or when they become available, or to provide training,
support or consulting for the SOFTWARE TECHNOLOGY.
4 WARRANTY DISCLAIMER/LIMITATION OF LIABILITY
MENTEC DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SOFTWARE TECHNOLOGY
LICENSED TO CUSTOMER HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL MENTEC BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE OR DATA, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF ANY SOFTWARE TECHNOLOGY LICENSED HEREUNDER.
5 INDEMNITY
CUSTOMER will hold MENTEC harmless against all liabilities, demands,
damages, expenses, or losses arising out of use by CUSTOMER of
SOFTWARE TECHNOLOGY or information furnished under this Agreement.
6 TERM AND TERMINATION
6.1 This Agreement shall be effective until otherwise terminated.
Either party may terminate this Agreement at any time upon 30 days
written notice.
6.2 If CUSTOMER shall fail to perform or observe any of the terms and
conditions to be performed or observed by it under this Agreement,
MENTEC may in its sole discretion thereafter elect to terminate this
Agreement, and this Agreement and all the obligations owed and
rights granted herein to CUSTOMER shall immediately terminate.
6.3 The parties agree that the termination of this Agreement shall not
release either party from any other liability which shall have
accrued to the other party at the time such termination becomes
effective, nor affect in any manner the survival of any right, duty
or obligation of either party.
6.4 In the event of any termination of this Agreement for any reason,
CUSTOMER shall delete all original and all whole or partial copies and
derivatives of the SOFTWARE TECHNOLOGY from his or her computer
system. CUSTOMER further shall cease to use and distribute the
SOFTWARE TECHNOLOGY in all forms immediately upon the date of
termination.
7 GENERAL TERMS
7.1 This Agreement shall be governed by the laws of the Commonwealth
of Massachusetts.
7.2 This Agreement imposes personal obligations on CUSTOMER. CUSTOMER
shall not assign any rights under this Agreement not specifically
transferable by its terms without the written consent of MENTEC.
7.3 The SOFTWARE TECHNOLOGY obtained under this Agreement may be
subject to US and other government export control regulations.
CUSTOMER assures that it will comply with these regulations whenever
it exports or re-exports a controlled product or technical data
obtained from MENTEC or any product produced directly from the
SOFTWARE TECHNOLOGY.
7.4 The waiver of a breach hereunder may be effected only by a writing
signed by the waiving party and shall not constitute a waiver of any
other breach.
7.5 CUSTOMER acknowledges that he has read this Agreement, understands
it and agrees to be bound by its terms and further agrees that it is
the complete and exclusive statement of the Agreement between the
parties which supersedes all communications and understanding
between the parties relating to the subject matter of this
Agreement.
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