On Sun, Jan 11, 2004 at 01:05:23PM +, MJ Ray wrote:
> For convenience, please send the text of the document to -legal.
OK, here we go (mostly simply pasted from OOo, hope the formatting isn't too
bad):
[beginning of file]
DRIVER OBJECT CODE DISTRIBUTION AGREEMENT
This Agreement ("Agreement") is entered into and is effective as of the 23rd
day of October 2003 ("Effective Date") by and between ATI Technologies Inc.,
an Ontario corporation with its principal place of business at One Commerce
Valley Drive East, Markham, Ontario L3T 7X6, its subsidiaries, (collectively
"ATI") and DEBIAN PROJECT ("Licensee").
ARTICLE I
DEFINITIONS
1.1 Definitions
1.1.1 "Licensed Purpose" shall mean the purpose of including Licensed
Software with the Licensee's product: "Debian GNU/Linux".
1.1.2 "Licensed Software" shall mean ATI's software as described in
Attachment A and shall include any associated documentation provided
by ATI and relating thereto.
1.1.3 "Object Code" shall mean the machine readable form computer
programming code as opposed to the human readable form of computer
programming code.
1.1.4 "Source Code" shall mean the human readable form computer programming
code and related system level documentation, including all comments
and any procedural code such as job control language.
ARTICLE II
LICENSE
2.1 License. Subject to the terms and conditions of this Agreement, ATI
grants Licensee a non-exclusive, revocable, non-transferable, non-assignable,
limited license solely for the Licensed Purpose to distribute the Object Code
of the Licensed Software solely for use in association with ATI hardware
which works in conjunction with the Licensed Software and for no other
purpose. No right, license or privilege is granted to any person or entity
other than Licensee. Specifically, but without limitation, no right, license
or privilege is granted to any entities related to or associated with
Licensee including, but not limited to, affiliates, subsidiaries, parent
entities or agents of Licensee.
2.2 Restrictions. Restrictions regarding Licensee¿s use of the Licensed
Software regardless of whether the Licensee received the Licensed Software
before, on, or after the Effective Date of this Agreement, are as follows:
2.2.1 Licensee shall use the Licensed Software only for the Licensed
Purpose and for no other purpose;
2.2.2 Licensee shall reproduce all notices, including without limitation,
copyright and confidentiality notices, on all permitted copies of the
Licensed Software;
2.2.3 Except as expressly provided for in this Agreement, or as reasonably
required to fulfill the Licensed Purpose, Licensee shall not copy or
reproduce in any form, the Licensed Software or any portion thereof;
2.2.4 Licensee shall not reverse engineer, decompile, disassemble,
re-engineer, or otherwise reproduce in any form or create or attempt to
create or permit, allow or assist others to create the Source Code of any
portion or component of the Licensed Software;
2.2.5 Licensee shall enter into an end user license with each sublicensee
that Licensee provides a copy of the Licensed Software or a portion thereof.
The end user license may be in the Licensee¿s standard form agreement and
shall contain terms and conditions substantially similar to the terms and
conditions in Attachment B;
2.2.6 Licensee shall not, without ATI's prior written approval, alter or
modify the Licensed Software; and
2.2.7 Licensee shall not remove, alter, modify or obscure any ATI
trademark, logo or similar mark from any Licensed Product or permitted copy
thereof.
ARTICLE III
OWNERSHIP; ASSIGNMENT
3.1 Ownership. Licensee acknowledges and agrees that the Licensed
Software and all intermediate and partial versions thereto, including without
limitation all modifications, enhancements, updates, bug fixes, inventions,
know-how, as well as all intellectual property rights including, without
limitation, copyrights, patents, trade secrets, and all other information
relating thereto are and will remain the sole and exclusive property of ATI
or a third party which may license parts of the Licensed Software to ATI, and
Licensee shall have no right, title or interest therein except as expressly
set forth in this Agreement. With respect to any derivative programs of the
Licensed Software developed by Licensee, including without limitation,
modifications, improvements and enhancements, and any documentation relating
thereto, Licensee hereby assigns to ATI exclusively all right, title and
interest to such derivative programs, and all copies thereof, and all related
intellectual property rights (including, without limitation, copyrights)
without further consideration. All such modifications, improvements, or
enhancements, and any documentation relating thereto, shall be provided to
ATI within thirty (30) days of creation.
ARTICLE IV
WARRANTY, DISCLAIMERS, AND INDEMNIFICATIO
