Item 7728387 94/05/16 13:22 From: DARREN_SMITH@NEXT.COM@INET01# Internet Gateway Subject: DPT 2000 Series SCSI Driver Pre-Release FOR IMMEDIATE RELEASE NeXT Announces Beta Program for DPT 2000 Series Driver Update NeXT will ship a beta version of the updated DPT 2000 series driver on Friday, May 20. In order to participate in the beta test, simply fill out the form below and return to darren_smith@next.com. (Note: You MUST have the ability to send and receive NeXTMail in order to participate in the beta program. This beta driver will ONLY be distributed in electronic form.) To report bugs, or when corresponding with NeXT about this driver, please send mail to bug_dpt@next.com. Everyone participating in the beta test of this driver will automatically receive the final version as soon as it becomes available. *** As always, when dealing with drivers, or beta software of any sort, remember to back your system up before installing, and save your files frequently while using. *** Disclaimer: NeXT PRERELEASE SOFTWARE LICENSE This Agreement sets forth the terms under which a release of the NeXT software described below, including documentation and other materials provided with such software ("NeXT Software") is being provided to you. Please read this Agreement, and if you do not agree to be bound by its terms, promptly return the NeXT Software to NeXT. 1. Software License Grant. NeXT grants you a nonexclusive, nontransferable, royalty-free license to use the NeXT Software for the sole purpose of beta testing the NeXT Software. You may not copy the NeXT Software except to make a single archival copy. You acknowledge that the NeXT Software contains copyrights, trade secrets and proprietary rights of NeXT and its third party suppliers and you may not use the NeXT Software, or trade secret, confidential or proprietary information contained in the NeXT Software in any product developed by You or on Your behalf. Accordingly, you agree not to remove or destroy any copyright or other proprietary rights notices contained on or in the NeXT Software 2. No Warranty; No Support. The NeXT Software is delivered "AS IS". NeXT does not warrant that the operation of the NeXT Software will be uninterrupted or error-free, that any NeXT Software errors will be corrected, that the NeXT Software will satisfy your requirements, or that the NeXT Software will operate in the combinations which you may select for use. In addition, NeXT DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3. Feedback to NeXT. You agree that, to the extent you generate or collect data in connection with the use of the NeXT Software under this Agreement, you will furnish to NeXT a copy of such information for the purpose of providing NeXT the benefit of your experience with respect to the use of the NeXT Software. You further agree to promptly report any bugs or errors you may discover in using the NeXT Software and, in any event, to deliver all final bug or error reports to NeXT in writing not later than July 1, 1994. 4. U.S. Government Licensees. If the NeXT Software is acquired by or on behalf of a unit or agency of the United States Government, the following provisions apply. The NeXT Software (a) is existing computer software and was developed at private expense, (b) is a trade secret of NeXT and its third-party suppliers for all purposes of the Freedom of Information Act, (c) is "commercial computer software" subject to limited utilization as expressly stated in this Agreement, (d) in all respects is proprietary data belonging solely to NeXT or third-party suppliers, and (e) is unpublished and all rights are reserved under the copyright laws of the United States. The NeXT Software is licensed only with "Restricted Rights" and use, reproduction or disclosure is subject to restrictions set forth in Alternate III(g)(3) of the Rights in Data - General clause at 52.227-14 (June 1987) and subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at 52.227-19 (June 1987) of the Federal Acquisition Regulations and their respective successors. For units of the Department of Defense (DoD), this NeXT Software is licensed only with "Restricted Rights" and use, duplication, or disclosure is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 (June 1988) of the DoD Supplement to the Federal Acquisition Regulations and its successors. Contractor/manufacturer is NeXT Computer, Inc., 900 Chesapeake Drive, Redwood City, CA 94063. 5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein. Description of NeXT Software: DPT 2000 Series SCSI Driver Prerelease Please return information below with your request: ------------------------------------------------------------ Name: Organization: Address: Phone: Email Address (must be NeXTMail): Type of 486/Pentium System: Have participated in previous beta testing (yes/no)? I acknowledge that this is beta software and agree to hold NeXT harmless in the event of any situations that might occur in the use of this beta software. ------------------------------------------------------------ To report bugs, or when corresponding with NeXT about this driver, please send mail to bug_dpt@next.com. Darren Smith NeXT Computer, Inc. =END=