Installation, duplication, and use of this software from NeXT Software, Inc. ("NeXT") are governed by the NeXT Software License Agreement set forth below (the "Agreement") to the maximum extent permitted by the law of your state of residence. If you reside outside the United States of America, some of the provisions below may not apply to you; refer to <<http://www.next.com/Legal/License_Agreements/OPENSTEPEnterprise, for license terms applicable in your country.
Important: Before opening the package containing the NeXT software, or installing and using the NeXT software, you should read this NeXT Software License Agreement ("Agreement"). By breaking the seal surrounding the media containing the NeXT software and by installing and using it, you accept the terms of this Agreement. If you do not agree with the terms of this Agreement, please promptly return the software to the place of purchase for a refund. If you are licensing the NeXT software solely to upgrade previously licensed copies of NeXT software, by signing below, you further certify that you have previously licensed from NeXT the same number of copies of NeXT software as you are authorized to make under this Agreement.
1. SCOPE OF LICENSE AND GRANT. This Agreement governs the use of the NeXT system software and user documentation in printed and electronic forms (the "OPENSTEP Enterprise Software"). The OPENSTEP Enterprise Software also includes, and this Agreement also governs, any later release of the OPENSTEP Enterprise Software which NeXT Software, Inc. (in Europe, NeXT Computer Software Logistics B.V.) ("NeXT") distributes without additional charge to licensees of your release of the OPENSTEP Enterprise Software. The OPENSTEP Enterprise Software is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have purchased license rights for each
computer to which the OPENSTEP Enterprise Software is distributed.
1.1 Developer License Grant. If you licensed a copy (or copies) of OPENSTEP Enterprise Software for purposes of developing and testing applications and you paid the applicable developer license fee(s), then subject to the important restrictions below, and in consideration for your payment of such license fees, NeXT grants to you a personal, non-exclusive license to use each such copy of OPENSTEP Enterprise Software on one computer at a time solely for the purpose of developing application programs which run with the OPENSTEP Enterprise Software. You are not authorized to install or execute those application programs (other than for such development and testing) without a separate deployment license available from NeXT.
1.2 Deployment License Grant. If you licensed a copy (or copies) of OPENSTEP Enterprise Software in order to deploy application programs which use or are designed to use OPENSTEP Enterprise Software and you paid the applicable deployment license fee(s), NeXT grants to you a personal, non-exclusive license to:
Install, access, and use OPENSTEP Enterprise Software and application programs which use or are designed to use OPENSTEP Enterprise Software, or any portion thereof, for your internal use on any terminal, wireless device, workstation or computer owned and/or operated by you and is of the type on which the OPENSTEP Enterprise Software is designed to operate ("Authorized System") up to the maximum number of Authorized Systems (set forth below);
Reproduce OPENSTEP Enterprise Software to the extent required to install and execute OPENSTEP Enterprise Software as permitted hereunder and, in addition, make one backup copy for archival purposes of OPENSTEP Enterprise Software.
1.3 EOF Upgrade License Grant. If you licensed a copy (or copies) of OPENSTEP Enterprise Software solely in order to upgrade NeXT Enterprise Objects Framework (EOF) server software for use with a later release of NeXT EOF client software contained in OPENSTEP Enterprise Software, and you paid the applicable upgrade license fee(s), NeXT grants to you a personal, non-exclusive license to (a) to use the OPENSTEP Enterprise Software to reproduce the same number of copies of the Enterprise Objects Framework component of the OPENSTEP Enterprise Software ("EOF Software") as shall equal the number of valid EOF Software licenses you have paid to upgrade and to use each such copy to replace and upgrade an existing licensed copy of an earlier release of EOF Software, (b) to use any and all copies of the EOF Software permitted to be reproduced by you hereunder solely for internal use on the computer on which the earlier version of the EOF Software was used (or a replacement computer of the same processor family) and for which the EOF Software is designed to operate, and (c) to use each copy of the EOF Software in the manner permitted under the terms of the NeXT software license agreement provided to you with such earlier release of EOF Software. You must cease all use of the copies of the earlier version of the EOF Software (including any backup copies) and return to NeXT or destroy all of those copies.
1.4 Partial Use Upgrade License Grant. If you licensed a copy (or copies) of OPENSTEP Enterprise Software solely in order to upgrade a license (or licenses) for an earlier release of the user version of NeXT OPENSTEP or NEXTSTEP software, and for such earlier user license(s) you did not obtain or pay for an associated license (or licenses) for NeXT Portable Distributed Objects software ("PDO Software") and/or EOF Software (as defined above), and you paid the applicable partial use upgrade license fee(s), NeXT grants to you a personal, non-exclusive license
to reproduce and install the number of copies of the user runtime component of OPENSTEP Enterprise Software as shall equal the number of earlier user license(s) which you have paid to upgrade;
to reproduce and install the number of copies of the EOF Software component and/or PDO Software component of OPENSTEP Enterprise Software as shall equal the number of earlier license(s) for the EOF Software component and/or PDO Software component which you have paid to upgrade, if any;
to use each copy permitted to be reproduced by you hereunder to replace and upgrade such existing and earlier licensed copy (or copies);
to use each copy permitted to be reproduced by you hereunder solely for internal use on the computer on which such earlier licensed copy (or copies) was (or were) used (or a replacement computer of the same processor family) and for which the OPENSTEP Enterprise Software is designed to operate; and
to use each copy in the manner permitted under the terms of the NeXT software license agreement provided to you with such earlier license(s).
You must cease all use of the copies of such earlier licensed software (including any backup copies) and return to NeXT or destroy all of those copies. No right is granted to use EOF Software component or the PDO Software component of OPENSTEP Enterprise Software for the partial use upgrade license fee(s), unless you have previously licensed and paid for EOF Software or PDO Software, as applicable.
1.5 Restrictions on Academic Release. If you licensed the academic release of OPENSTEP Enterprise Software, you represent to NeXT that you are an accredited educational institution or a current member of the faculty or student body of such an institution ("Educational User"). Educational Users are licensed to use OPENSTEP Enterprise Software, in accordance with this Agreement, solely for purposes directly related to (i) teaching and degree-granting programs or (ii) noncommercial research by students and faculty members ("Educational Purposes"). Any use of the academic release of OPENSTEP Enterprise Software by other than Educational Users or for other than Educational Purposes is expressly prohibited.
1.6 Limitations Applicable to All License Grants.
You are authorized to install OPENSTEP Enterprise Software on up to the number of Authorized Systems specified in the purchase order under which you ordered OPENSTEP Enterprise Software. If your purchase order does not state a number of Authorized Systems to be licensed or there is no such purchase order, then the number authorized by this Agreement shall be one (1) Authorized System. If you wish to have more Authorized Systems, you must acquire an additional license from NeXT.
Except as expressly set forth in this Agreement, you agree not to use, copy, disseminate or permit access to OPENSTEP Enterprise Software, or any portion thereof, in any form or medium. Without limiting the generality of the foregoing, you shall not permit any use of OPENSTEP Enterprise Software, for other than your internal use by Authorized Systems. You shall not permit use of the OPENSTEP Enterprise Software on a server connected to a network such as the Internet that permits access to the OPENSTEP Enterprise Software by other than Authorized Systems or by computers not licensed under a valid NeXT license agreement for OPENSTEP Enterprise Software. Any upgrade or replacement copy received pursuant to this Agreement is licensed solely for your internal use on the computer on which the copy it replaces is used (or a replacement computer), provided that you cease all use of the earlier version (including its backup copy) and return it to NeXT or destroy all copies. You agree to permit NeXT, upon request, to examine your computer system, including the Authorized Systems, in order to ensure your compliance with this Agreement. You agree to remedy immediately any noncompliance discovered by any such examination.
2. COPYRIGHT.
The OPENSTEP Enterprise Software (including any images, "applets," photographs, animations, video, audio, music, and text incorporated into the OPENSTEP Enterprise Software ) is owned by NeXT or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the OPENSTEP Enterprise Software like any other copyrighted material (e.g., a book or musical recording) except that you may (a) make one copy of OPENSTEP Enterprise Software for backup or archival purposes, or (b) transfer the OPENSTEP Enterprise Software to a single hard disk of each Authorized System provided you keep the original solely for backup or archival purposes. Developer licensees may print one copy of all documentation provided in electronic or online format. Deployment licensees may print one copy of all documentation provided in electronic or online format for each Authorized System.
3. OWNERSHIP.
OPENSTEP Enterprise Software contains software proprietary to NeXT and certain other software proprietary to third parties ("Third-Party Suppliers") and licensed to NeXT. The Third-Party Suppliers are identified in the copyright notice on or in the OPENSTEP Enterprise Software. As licensee, you own the media on which the OPENSTEP Enterprise Software is originally or subsequently recorded, but NeXT and Third-Party Suppliers retain title and ownership to the OPENSTEP Enterprise Software recorded on the media and all copyright and other intellectual property rights therein. This license is not a sale of the OPENSTEP Enterprise Software or any copy. You agree not to alter, reverse engineer, decompile, or disassemble the OPENSTEP Enterprise Software. The foregoing is not intended to prevent you from debugging your own original programs using the software development tools which may be provided with the OPENSTEP Enterprise Software.
This product includes software developed by the University of California, Berkeley, and its contributors, including the Bourne Shell. Complete source code for the Bourne Shell is provided on the NeXT distribution media. Use and redistribution are subject to restrictions on further distribution and warranty limitations of the University of California, Berkeley, which are stated in the Bourne Shell source code.
4. REDISTRIBUTABLE FILES AND RUN-TIME LIBRARIES.
OPENSTEP Enterprise Software contains certain run-time libraries owned by NeXT ("NeXT Files") and redistributable files and run-time libraries owned by Microsoft
Corporation and identified in the NeXT technical documentation ("MS Files"). If you have not licensed a copy (or copies) of OPENSTEP Enterprise Software for purposes of developing and testing applications and you paid the applicable developer license fee(s), you may not reproduce and distribute the NeXT Files or MS Files. If you licensed a copy (or copies) of OPENSTEP Enterprise Software for purposes of developing and testing applications and you paid the applicable developer license fee(s), NeXT grants you a non-exclusive, royalty-free right to reproduce and distribute the object code version of the NeXT Files and the MS Files, provided that you agree that: (1) you may distribute the NeXT Files and the MS Files only in conjunction with and as a part of your software application product which adds significant and primary value to the NeXT Files and MS Files and which is designed, developed and tested to operate in the Microsoft Windows NT environment; (2) you may distribute the NeXT Files only if linked into original programs you generate using the OPENSTEP Enterprise Software; (3) you may distribute NeXT Files and MS Files only together as a single set solely in conjunction with your software application, only to licensees of the OPENSTEP Enterprise Software and only on an "As-Is" basis without warranty of any kind; (4) you shall refrain from using the name, logo or trademarks of NeXT, Third-Party Suppliers, or Microsoft to market such software application product, except that you may use such names when referring to the source of the NeXT Files or MS Files; (5) you shall include a valid copyright notice on your software application product; (6) you may not permit further redistribution of the NeXT Files or MS Files by your customers or other end users; (7) you agree to indemnify, hold harmless, and defend NeXT, Third-Party Suppliers and Microsoft from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your software application product.
5. TRANSFER.
You agree not to rent, lease, sell, transfer, or sublicense the OPENSTEP Enterprise Software, or any copy or portion thereof, to any other person, except that you may assign your rights under this Agreement to another person so long as (a) the assignee agrees to be bound by the terms and conditions of this Agreement, and (b) you transfer all copies of the OPENSTEP Enterprise Software to the assignee and cease all use of the OPENSTEP Enterprise Software.
6. PROPRIETARY NOTICES.
You agree not to alter, remove, or obscure any copyright notices or other proprietary notices on and in the OPENSTEP Enterprise Software. You agree to include on and in any copies of the OPENSTEP Enterprise Software the same proprietary notices and other legends contained on and in the OPENSTEP Enterprise Software as furnished to you by NeXT.
7. PRINTING.
You are licensed to use the OPENSTEP Enterprise Software to output bitmaps generated by the PostScript interpreter included with the OPENSTEP Enterprise Software (a) to create images for display on your computer screen, (b) to output to Group III or Group IV facsimile devices, (c) to output to any output device containing its own PostScript language interpreter, and (d) to output to either (i) NeXT Laser Printers or (ii) NeXT Color Printers manufactured prior to April 1993 (i.e., black NeXT-labeled printers). You are not otherwise licensed to print PostScript language files created with OPENSTEP Enterprise Software without an additional license available from NeXT.
8. CODED FONT PROGRAMS.
You agree not to sell or otherwise distribute any bitmaps generated by the coded font programs contained in the OPENSTEP Enterprise Software. The trademarks used to identify the coded font programs are the property of the trademark owners identified on or in the OPENSTEP Enterprise Software or accompanying documentation and may not be used except to identify printed output produced by the respective coded font programs. You shall use such trademarks only in accordance with accepted trademark practice, including identification of the trademark owner's name.
9. GNU SOFTWARE.
OPENSTEP Enterprise Software includes certain software owned by Free Software Foundation, Inc. ("FSF") and licensed by NeXT. You may obtain a complete machine-readable copy of the source code for FSF software under the terms of FSF's general public licenses, without charge except for the cost of media, shipping, and handling, upon written request to NeXT. Copies of FSF's general public licenses are included in the NeXT Software on-line technical documentation.
10. WARRANTY.
NeXT warrants, to you personally, for a period of ninety (90) days from the date of purchase of this License Agreement (the "Warranty Period"), that the media containing the OPENSTEP Enterprise Software shall be free from defects in material and workmanship. NeXT further warrants, for the Warranty Period, that the OPENSTEP Enterprise Software shall operate substantially in accordance with the functional specifications in the accompanying documentation if properly used on a machine for which it was designed. If during the Warranty Period a defect in the OPENSTEP Enterprise Software or media appears, you may return the OPENSTEP Enterprise Software to your place of purchase for either, at the election of NeXT, replacement or refund of the amounts paid by you for the license of the OPENSTEP Enterprise Software. You agree that the foregoing constitutes your sole and exclusive remedy for breach by NeXT and Third Party Suppliers of any warranties made under this Agreement.
This product includes software developed by the University of California, Berkeley, and its contributors, which is software subject to a separate warranty disclaimer reproduced in the Bourne Shell source code.
11. DISCLAIMER.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 10 ABOVE, YOU AGREE THAT THE OPENSTEP ENTERPRISE SOFTWARE IS FURNISHED ON AN "AS-IS" BASIS. NEITHER NEXT NOR ANY THIRD-PARTY SUPPLIER MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE OPENSTEP ENTERPRISE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NEITHER NEXT NOR ANY THIRD-PARTY SUPPLIER WARRANTS THAT THE OPENSTEP ENTERPRISE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT IT WILL OPERATE IN THE COMBINATIONS WHICH YOU MAY SELECT, OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER NEXT NOR ANY THIRD-PARTY SUPPLIER ASSUMES ANY LIABILITY REGARDING USE OF, OR ANY DEFECT IN, THE OPENSTEP ENTERPRISE SOFTWARE. In the United Kingdom, this paragraph shall not affect your statutory rights as a consumer.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL NeXT OR THIRD-PARTY SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In the United Kingdom, this paragraph shall not affect your statutory rights as a consumer.
13. EXPORT.
You agree that neither you nor your customers intends to or will, directly or indirectly, export or re-export (a) the OPENSTEP Enterprise Software, or related documentation and technical data or (b) your software application product (or any part thereof), or process, or service that is the direct product of the OPENSTEP Enterprise Software, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
14. SEVERABILITY.
If any provision of this Agreement is held invalid or unenforceable for any reason, such invalidity shall not affect the validity of the remaining provisions of this Agreement, and the parties will substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision.
15. TERMINATION.
This Agreement shall be effective until terminated. Any failure by you to comply with any of the provisions of this Agreement will be a material breach of this Agreement and entitle NeXT to terminate this Agreement immediately. Upon termination, you are to immediately stop all use of the OPENSTEP Enterprise Software and to return to NeXT or erase all copies of OPENSTEP Enterprise Software in any form (including copies contained in any mass storage device).
16. ENTIRE AGREEMENT.
This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes any prior agreements or understandings between the parties, whether written or oral, with respect hereto. No modification to this Agreement shall be of any force or effect unless made in writing signed by each party.
17. GOVERNING LAW.
This Agreement shall be construed in accordance with and governed by the laws of the State of California, U.S.A. excluding its choice of law rules.
18. U.S. GOVERNMENT END USERS.
If the OPENSTEP Enterprise Software is acquired by or on behalf of a unit or agency of the United States Government, the following provisions apply. The OPENSTEP Enterprise Software (a) is existing computer software and was developed at private expense, (b) is a trade secret of NeXT and 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 or as provided in the contract between the vendor and the governmental entity, (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 OPENSTEP Enterprise 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 OPENSTEP Enterprise Software is licensed only under the license customarily provided to the public as set forth above, as provided by Section 227.7203-3(b), Defense Federal Acquisition Regulation Supplement (DFARS) (June 1995). This software has not been previously furnished to the government with greater rights than those provided hereunder. Use, duplication, or disclosure of any commercial technical data provided under this Agreement which is not "commercial computer software" is subject to restrictions as set forth in the Technical Data - Commercial Items clause at DFARS 252.227-7015 (June 1995) and its successors. Contractor/manufacturer is NeXT Software, Inc., 900 Chesapeake Drive, Redwood City, CA 94063.
