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SOFT.R&D
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1994-04-29
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SOFTWARE DEVELOPERS
Computer-generated-holograms will become the backbone of photonic
technology development. Software that is capable of directly producing
photonic transistor products and product prototypes is expected to become very
valuable, because the products they produce will be valuable.
Complex photonic transistor products will require complex hologram
generation. CAD software will permit an engineer to lay out a design and
organize each of its photonic components. The software must then produce a
set of holograms that can be photographically reproduced as the manufactured
products.
To understand the process, programmers need hands-on experience with
the elementary functions of holographic generation. From that beginning,
faster and more sophisticated programs can emerge.
The elementary set of programs that are a part of our development
package will generate holograms. However, their greatest value will be as a
basis for the development of CAD software. Would you like to become a Photonic
Transistor Software Developer?
The software you develop will produce functioning photonic transistor
devices. Because the photonic transistor is patented, it is illegal to MAKE,
SELL, or USE the holograms produced without a license. So to get you started,
we are providing a special license for testing your holograms along with our
development package of hologram-producing programs. The programs you develop
may then be tested by producing actual functioning photonic transistor devices.
When your software is completed, you may submit it to us for evaluation
for sale through our sales network. If it is accepted, arrangements can be made
through us to provide licenses for your software customers.
To become a Photonic Transistor Software Developer, please fill out the
Software Developers license application. Because scope of this license is
smaller than the more general license provided to those who wish to develop
photonic transistor products themselves, this license is being offered at a
reduced rate.
(See the actual license application below for the current price.)
HOW TO FILL OUT THE SOFTWARE DEVELOPER'S LICENCE APPLICATION
FOR
PHOTONIC TRANSISTOR SOFTWARE TESTING
The following two pages are the actual licence agreement. It is a legal
contract between you and the Rocky Mountain Research Center that permits
research and development to begin. Until you have received back your
countersigned copy of the license, no device or product using the patented
photonic transistors or the method used to create computer functions using
interference fringe component regions may be constructed or used. Nor are
you protected under the terms of the licence until it has been approved and
returned to you.
This license has been prepared for individual developers. If you are
applying for a company, please contact the Rocky Mountain Research Center
for a copy of the license that contains the adjustments in language to make
the license applicable to a company rather than an individual.
Print out the two pages separately. The print must be clear and easy to
read and photocopy.
The name and address at the top of page 1 may be typed, printed in ink,
or filled in using an ASCII text editor in the blanks provided. Absolutely
NO other CHANGES are permitted in the text of the agreement. It must be printed
out exactly as you received it in this file.
After printing, SIGN and DATE legibly, in INK, on the lines marked
"Signature Licensee" at the bottom of BOTH pages.
Then return it with the license fee to:
Rocky Mountain Research Center
PO Box 4694
Missoula, Montana 59806-4694 U.S.A.
If accepted, your license will be signed and returned along with the photonic
transistor development package. If a problem occurs we will contact you for
clarification and correction before sending your license by return mail.
Foreign checks and money orders must be in U.S. funds, and may require an
additional $20 bank collection fee. To avoid this, use American Express money
orders available from American Express offices all over the world. Overseas
airmail, or fast delivery services must be prepaid.
All licensees, both foreign and domestic, should be aware that certain
products that you develop, and certain information about such products may be
restricted by other laws involving technology transfer and export. Such
determination must, of necessity, be made on a case-by-case basis. Therefore,
there may be a delay in the processing of foreign applications while possible
legal restrictions are being investigated. If there are additional legal
requirements, we will notify you. However, it is your responsibility to meet
all of the legal demands of your own country (if any,) and report these to us.
This license is for research and development only. An additional license is
required for the manufacture and sale of any photonic transistor products.
No guarantee is made as to whether the products you develop will be accepted
for sale through our network, just as you are not guaranteeing that you will
develop any certain product. The details of future agreements, and products
to be sold must be determined in the future.
NONEXCLUSIVE LICENSE
PHOTONIC TRANSISTOR
THIS AGREEMENT made and entered into by and between ROCKY MOUNTAIN RESEARCH
CENTER, whose address is P.O. Box 4694, Missoula, Montana 59806, U.S.A.,
hereinafter referred to as Licensor, and
(Name)____________________________________________________________________
of
(Mailing Address)_________________________________________________________
(City, State, Postal Code)________________________________________________
(Provence, Country if non-U.S.)___________________________________________
(Telephone number) _______________________________________________________,
hereinafter referred to as Licensee.
Licensor is the owner by assignment from the inventor of U.S. Patent No.
5,093,802 for "Optical Computing Method Using Interference Fringe Component
Regions," commonly known as Photonic Transistor, hereinafter referred to as
Licensed Patent.
Licensee desires to license the Licensed Patent from Licensor.
THEREFORE, in consideration of mutual covenants contained herein and upon
signature of an authorized representative of Licensor, Licensor hereby grants
to Licensee a nonexclusive license to make computer-generated-holograms
containing the Licensed Patent for the purposes of evaluating software used
to produce said holograms.
1. WARRANTY OF TITLE. Licensor represents and warrants that it is the owner of
the Licensed Patent, and that it has the right to grant the license described
hereinafter.
2. LICENSE GRANT. Licensor hereby grants to Licensee, and Licensee hereby
accepts, a nonexclusive, nontransferable, nonassignable license to make and
test devices covered by the claims of the License Patent for the purposes of
testing computer-generated holograms containing said devices. The rights
granted herein do NOT include the right to sell or produce for sale, or profit
in any way, from any technology, developments, products or information
developed or created as a result of or pursuant to activities under this
license, except by the sale of hologram-generating software to the Licensor
or to person(s), or organization(s) designated in writing by the Licensor, if
Licensor determines to do so. Licensor is not obligated by this agreement to
purchase said software.
3. DURATION. This license shall continue for a period of three years from the
date of acceptance by Licensor, and shall be renewable, on terms to be
determined by Licensor, for successive three-year periods.
4. EXECUTION AND PAYMENT. When submitting this license for approval of
Licensor, Licensee shall submit a signed copy of this license, together with a
cashier's check, postal money order or personal check (personal check must
clear bank before license becomes effective) in the amount of Two Hundred
Fifty dollars ($ 250.00). Upon receipt of this license properly completed and
executed and a determination that Licensor desires to so license, and upon
clearance of check if a personal check is used, Licensor shall countersign
and deliver a copy of this license, together with a photonic transistor
development package and instructions to Licensee.
Page 1 of 2
________________________________________________________________________
Signature Licensee Date
5. TERMINATION. Licensor may cancel this license if Licensee conducts
activities inconsistent with the terms of this license. There shall be no
right to correct such inconsistencies for the purpose of keeping this license
in effect. Upon termination, Licensee shall immediately cease all activities
under this license. Should legal action be necessary to enforce this provision,
Licensee agrees to pay all court costs and all of Licensor's attorney fees.
6. CROSS-LICENSING. Licensee hereby agrees that if Licensee makes any
significant developments related to the Licensed Patent, Licensee will
immediately notify Licensor and that Licensee hereby licenses Licensor to
conduct research, product development and evaluation of such developments
under the same terms and conditions as the present license.
7. GOVERNING LAW. This license is entered into in the State of Montana and,
as such, is controlled by Montana State law, and U.S. Federal law, and any
actions brought to enforce any terms of this license shall be brought in
Montana. Both parties agree to Montana jurisdiction and venue.
8. LIABILITY. Licensor shall not be held liable for any activity related to
this license, or the use or misuse of any product, or process involving the
Licensed Patent.
9. ENTIRE AGREEMENT. This writing sets forth the entire agreement and
understanding between the parties, there being no oral agreements, promises
or representations which are or may be incidental or supplementary to the
provisions hereof.
Page 2 of 2
________________________________________________________________________
Signature Licensee Date
________________________________________________________________________
Signature Licensor Date
Rocky Mountain Research Center
License form number & date: 4-29-94