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diff --git a/licenses/CMASS b/licenses/CMASS new file mode 100644 index 000000000000..5bb80fefe5c9 --- /dev/null +++ b/licenses/CMASS @@ -0,0 +1,96 @@ + + Critical Mass License Agreement + + Critical Mass Modula-3 (CM3) + + 1. Grant Of License. Critical Mass, Inc., 1770 Massachusetts Ave. + Cambridge, MA 02140 USA ("CRITICAL MASS"), grants to you + ("LICENSEE") the non-exclusive, non-transferable, royalty free + right to use, modify, reproduce and distribute Critical Mass + Modula-3 ("SOFTWARE") subject to the terms set forth herein. Any + distribution of SOFTWARE shall include this Critical Mass License + Agreement in human readable form. + + 2. Title to Intellectual Property and Software. Subject to the + limited rights and licenses granted under this License Agreement, + all rights, title and interests including patent, copyright, and + trademark rights in SOFTWARE are and shall remain vested in + CRITICAL MASS to the exclusion of LICENSEE. CRITICAL MASS + represents and warrants that CRITICAL MASS has the legal right to + grant such licenses as are expressly granted under this Agreement. + + 3. Copyright. The SOFTWARE is owned by CRITICAL MASS or its + suppliers and is protected by United States copyright laws and + international treaty provisions. Therefore, you must treat the + SOFTWARE like any other copyrighted material (e.g., a book or + musical recording) except that you may use the SOFTWARE as + provided in this Critical Mass License Agreement. + + 4. Improvements. LICENSEE hereby grants to CRITICAL MASS a + non-exclusive, non-transferable, royalty free right to use, + modify, reproduce and distribute with the right to sublicense at + any tier, any improvements, enhancements, extensions, or + modifications that LICENSEE make to SOFTWARE, provided such are + returned to CRITICAL MASS by LICENSEE. + + 5. DISCLAIMER OF WARRANTY. Because the SOFTWARE is a research work + and not a released product, it is provided "AS IS" WITHOUT + WARRANTY OF ANY KIND AND WITHOUT ANY SUPPORT SERVICES. EXCEPT AS + SPECIFICALLY PROVIDED ABOVE IN SECTION 2, CRITICAL MASS FURTHER + DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF + MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE + ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE + REMAINS WITH YOU. + + 6. Limitation of Liability. IN NO EVENT SHALL CRITICAL MASS OR ITS + SUPPLIERS BE LIABLE IN AN AMOUNT THAT EXCEEDS THE LICENSE FEE PAID + BY LICENSEE FOR ANY DAMAGES (INCLUDING, WITH LIMITATION, DAMAGES + FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF + BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), REGARDLESS OF THE + FORM OF CLAIM OR ACTIONS, ARISING OUT OF THE USE OF OR INABILITY + TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF CRITICAL MASS HAS + BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME + STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR + CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT + APPLY TO YOU. + + 7. Acknowledgement of Allocation of Risk. LICENSEE acknowledges and + agrees that the fees charged by CRITICAL MASS in this Agreement + reflect the allocation of risks provided by the foregoing + limitation of liability. LICENSEE acknowledges and represents + that it has read and understands these allocations of risk + limiting the liability of CRITICAL MASS and that it understands + that a modification of the allocation of risks set forth in this + agreement would affect the fees charged by CRITICAL MASS, and that + LICENSEE, in consideration of such fees, agrees to such + allocations of risk. + + 8. LICENSEE INDEMNIFICATION. LICENSEE SHALL INDEMNIFY CRITICAL MASS + AGAINST ALL COSTS AND DAMAGE JUDGEMENTS, INCLUDING ATTORNEY'S FEES + AND COSTS OF DEFENSE, INCURRED BECAUSE OF CLAIMS OF DAMAGE ARISING + FROM LICENSEE'S POSSESSION OR USE OR INABILITY TO USE SOFTWARE. + + 9. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are + provided with RESTRICTED RIGHTS. Use duplication, or disclosure + by the Government is subject restrictions as set forth in + subparagraph (c)(1)(ii) of The Rights in Technical Data and + Computer Software clause in DFARS 252.227-7013, or subparagraphs + (c)(i) and (2) of the Commercial Computer Software -- Restricted + Rights at 48 CFR 52.227-19, as applicable. Manufacturer is + Critical Mass, Inc., 1770 Massachusetts Ave., Cambridge, MA 02140 + USA. + +10. Severability. If any provision of the Agreement is held illegal + or unenforceable by any court of competent jurisdiction, such + provision shall be deemed separable from the remaining provisions + of this Agreement and shall not affect or impair the validity or + enforceability of the remaining provisions of this Agreement. + +11. Governing Law. This Agreement is governed by the laws of the + Commonwealth of Massachusetts. + +12. Publicity. You my not use the name of CRITICAL MASS in any + advertisement, press release or other publicity with reference to + Critical Mass Modula-3 without prior written consent of CRITICAL + MASS. + |