decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Daimler Chrysler-AT&T Agreement - Exhibit A to SCO's Complaint as text
Saturday, March 27 2004 @ 11:59 AM EST

Thanks to Frank Jaffe, we have the AT&T-Chrysler software agreement as text. There is one page that was so unclear, we couldn't make it out, but the rest is here. This was attached by SCO as Exhibit A [PDF] to their complaint.

******************************************

SS-Soft. Corp.-030184-070185 Agreement Number SOFT-01341

AT&T INFORMATION SYSTEMS INC.
SOFTWARE AGREEMENT


1. AT&T INFORMATION SYSTEMS INC., a Delaware corporation ("AT&T-IS"), having an office at [ADDRESS REDACTED], and CHRYSLER MOTORS CORPORATION, a Delaware corporation, having an office at [ADDRESS REDACTED],

for itself and its SUBSIDIARIES (collectively referred to herein as "LICENSEE") agree that, after execution of this Agreement by LICENSEE and acceptance of this Agreement by AT&T-IS, the terms and conditions set forth on pages 1 through 8 of this Agreement shall apply to use by LICENSEE of SOFTWARE PRODUCTS that become subject to this Agreement.

2. AT&T-IS makes certain SOFTWARE PRODUCTS available under this Agreement. Each such SOFTWARE PRODUCT shall become subject to this Agreement on acceptance by AT&T-IS of a Supplement executed by LICENSEE that identifies such SOFTWARE PRODUCT and lists the DESIGNATED CPUs therefor. The first Supplement for a specific SOFTWARE PRODUCT shall have attached a Schedule for such SOFTWARE PRODUCT. Any additional terms and conditions set forth in such Schedule shall also apply with respect to such SOFTWARE PRODUCT. Initially, Supplement(s) numbered 1 _____________________ are included in and made part of this Agreement.

3. Additional Supplements may be added to this Agreement to add additional SOFTWARE PRODUCTS (and DESIGNATED CPUs therefor) or to add or replace DESIGNATED CPUs for other SOFTWARE PRODUCTS covered by previous Supplements. Each such additional Supplement shall be considered part of this Agreement when executed by LICENSEE, if required, and accepted by AT&T-IS.

4. This Agreement and its Supplements set forth the entire agreement and understanding between the parties as to the subject matter hereof and merge all prior discussions between them, and neither of the parties shall be bound by any conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided herein or as duly set forth on or subsequent to the date of acceptance hereof in writing and signed by a proper and duly authorized representative of the party to be bound thereby. No provision appearing on any form originated by LICENSEE shall be applicable unless such provision is expressly accepted in writing by an authorized representative of AT&T-IS.


Accepted by:
CHRYSLER MOTORS CORPORATION AT&T INFORMATION
SYSTEMS INC.
By _________signature______________
By SEP 2 1988
(Signature) (Date) (Signature) (Date)

O. L. WILSON
(Type or print name)
(Type or print name)

Manager, UNIX Software Licensing
(Title)
(Title)


I. DEFINITIONS

1.01 CPU means central processing unit.

1.02 COMPUTER PROGRAM means any instruction or instructions, in source-code or object-code format, for controlling the operation of a CPU.

1.03 DESIGNATED CPU means any CPU listed as such for a specific SOFTWARE PRODUCT in a Supplement to this Agreement.

1.04 SOFTWARE PRODUCT means materials such as COMPUTER PROGRAMS, information used or interpreted by COMPUTER PROGRAMS and documentation relating to the use of COMPUTER PROGRAMS. Materials available from AT&T-IS for a specific SOFTWARE PRODUCT are listed in the Schedule for such SOFTWARE PRODUCT. Certain SOFTWARE PRODUCTS available under this Agreement may contain materials prepared by other developers.

1.05 SUBSIDIARY of a company means a corporation or other legal entity (i) the majority of whose shares or other securities entitled to vote for election of directors (or other managing authority) is now or hereafter controlled by such company either directly or Indirectly; or (ii) the majority of the equity interest in which is now or hereafter owned and controlled by such company either directly or indirectly; but any such corporation or other legal entity shall be deemed to be a SUBSIDIARY of such company only so long as such control or such ownership and control exists.

II. GRANT OF RIGHTS

2.01 AT&T-IS grants to LICENSEE a personal, nontransferable and nonexclusive right to use in the United States each SOFTWARE PRODUCT identified in the one or more Supplements hereto, solely for LICENSEE'S
own internal business purposes and solely on or in conjunction with DESIGNATED CPUs for such SOFTWARE PRODUCT. Such right to use includes the right to modify such SOFTWARE PRODUCT and to prepare derivative
works based on such SOFTWARE PRODUCT, provided that any such modification or derivative work that contains any part of a SOFTWARE PRODUCT subject to this Agreement is treated hereunder the same as such SOFTWARE PRODUCT. AT&T-1S claims no ownership interest in any portion of such a modification or derivative work that is not part of a SOFTWARE PRODUCT.

2.02 (a) LICENSEE may permit access to SOFTWARE PRODUCTS by its contractors and allow use of SOFTWARE PRODUCTS by its contractors on DESIGNATED CPUs, provided such access and use is exclusively for LICENSEE in connection with work called for in written agreements between LICENSEE and such contractors in accordance with Section 2.02(1) of this Agreement. LICENSEE may designate contractors' CPUs as DESIGNATED CPUs pursuant to Section 2.04 and furnish SOFTWARE PRODUCTS to contractors for use on such CPUs.

(b) Any claim, demand or right of action arising on behalf of a contractor from the furnishing to it or use by it of SOFTWARE PRODUCTS shall be solely against LICENSEE.

(c) Contractors shall agree to the same responsibilities and obligations and other restrictions pertaining to the use of SOFTWARE PRODUCTS as those undertaken by LICENSEE under this Agreement.

(d) When a contractor's work for LICENSEE is completed, all copies of SOFTWARE PRODUCTS furnished to such contractor or made by such contractor and all copies of any modifications or derivative works made by such contractor based on such SOFTWARE PRODUCT shall be returned to LICENSEE or destroyed, including any copies stored in any computer memory or storage medium.

(e) A contractor may not acquire any ownership interest in any modification or derivative work prepared by such contractor based on or using a SOFTWARE PRODUCT subject to this Agreement unless such contractor also becomes a licensee of AT&T-IS for such SOFTWARE PRODUCT.

(f) LICENSEE and any such contractor shall enter into a written agreement before or at the time of permitting access to or allowing use of any SOFTWARE PRODUCT by a contractor or furnishing a SOFTWARE PRODUCT to a contractor- Such written agreement shall be consistent with the requirements of this Section 2.02- Copies of such agreements shall be provided to AT&T-IS on request; however, portions of such agreements not required by this Section may be deleted from such copies.

2.03 A single back-up CPU may be used as a substitute for a DESIGNATED CPU without notice to AT&T-IS during any time when such DESIGNATED CPU is inoperative because it is malfunctioning or undergoing repair,
maintenance or other modification.

2.04 LICENSEE may at any time notify AT&T-IS in writing of any changes, such as replacements or additions, that LICENSEE wishes to make to the DESIGNATED CPUs for a specific SOFTWARE PRODUCT- AT&T-IS will prepare additional Supplements as required to cover such changes. Changes covered by a Supplement shall become effective after execution of such Supplement by LICENSEE, if required, acceptance thereof by AT&T-IS and, in the case of each additional CPU, receipt by AT&T-IS of the appropriate fee.

2.05 On AT&T-IS'S request, but not more frequently than annually, LICENSEE shall furnish to AT&T-IS a statement, certified by an authorized representative of LICENSEE, listing the location, type and serial number of all DESIGNATED CPUs hereunder and stating that the use by LICENSEE of .SOFTWARE PRODUCTS subject to this Agreement has been reviewed and that each such SOFTWARE PRODUCT is being' used solely on DESIGNATED CPUs (or temporarily on back-up CPUs) for such SOFTWARE PRODUCTS in full compliance with the provisions of this Agreement.

2.06 No right is granted by this Agreement for the use of SOFTWARE PRODUCTS directly for others, or for any use of SOFTWARE PRODUCTS by others, except LICENSEE'S contractors pursuant to Section. 2-02, unless such uses. are permitted for a particular SOFTWARE PRODUCT by a specific provision in the Schedule for such SOFTWARE PRODUCT. For example, use of a SOFTWARE PRODUCT in a time-sharing service or a service-bureau operation is permitted only pursuant to such a specific provision.

III. DELIVERY

3.01 Within a reasonable time after AT&T-IS receives the fee specified in the first Supplement for a SOFTWARE PRODUCT, AT&T-IS will furnish to LICENSEE one (1) copy of such SOFTWARE PRODUCT in the form identified in the Schedule for such SOFTWARE PRODUCT.

3.02 Additional copies of SOFTWARE PRODUCTS covered by this Agreement will be furnished to LICENSEE after receipt by AT&T-IS of the then-current distribution fee for each such copy.

IV. EXPORT

4.01 LICENSEE agrees that it will not, without the prior written consent of AT&T-IS, export, directly or indirectly, SOFTWARE PRODUCTS covered by this Agreement to any country outside of the United States. LICENSEE also agrees that it will obtain any and all necessary export licenses for any such export or for any disclosure of a SOFTWARE PRODUCT to a foreign national.

V.. FEES AND TAXES

5.01 Within sixty (60) days after acceptance of this Agreement by AT&T-IS, LICENSEE shall pay to AT&T-IS the fees required by the Supplement(s) initially attached hereto for the DESIGNATED CPUs listed in such Supplement(s).

5.02 Within sixty (60) days after acceptance of each additional Supplement by AT&T-IS, LICENSEE shall pay to AT&T-IS any fee required by such additional Supplement for the DESIGNATED CPUs listed in such additional Supplement.

5.03 Payments to AT&T IS shall be made in United States dollars to AT&T-IS at the address specified In Section 7,10(a).

5.04 LICENSEE shall pay all taxes, Including any sales or use tax (and any related interest or penalty), however designated, imposed as a result of the existence or operation of this Agreement, except any income tax imposed upon AT&T-1S by any governmental entity within the United States proper (the fifty (50) states and the District of Columbia). Fees specified in Supplement(s) to this Agreement and in Schedule(s) attached to Supplement(s) do not include taxes. If AT&T-IS is required to collect a tax to be paid by LICENSEE, LICENSEE shall pay such tax to AT&T-IS on demand.

VI. TERM

6.01 This Agreement shall become effective on and as of the date of acceptance by AT&T-IS.

6.02 LICENSEE may terminate its rights under this Agreement by written notice to AT&T-IS certifying that LICENSEE has discontinued use of and returned or destroyed all copies of SOFTWARE PRODUCTS subject to this
Agreement.

6.03 If LICENSEE fails to fulfill one or more of its obligations under this Agreement, AT&T-IS may, upon its election and in addition to any other remedies that it may have, at any time terminate all the rights granted by it hereunder by not less than two (2) months' written notice to LICENSEE specifying any such breach, unless within the period of such notice all breaches specified therein shall have been remedied; upon such termination LICENSEE shall immediately discontinue use of and return or destroy all copies of SOFTWARE PRODUCTS subject to this Agreement.

6.04 In the event of termination of rights under Sections 6.02 or 6.03, AT&T-IS shall have no obligation to refund any amounts paid to it under this Agreement.

6.05 LICENSEE agrees that when a SUBSIDIARY'S relationship to LICENSEE changes so that it Is no longer a SUBSIDIARY of LICENSEE, (i) all rights of such former SUBSIDIARY to use SOFTWARE PRODUCTS subject to this Agreement shall immediately cease, and (ii) such former SUBSIDIARY shall immediately discontinue use of and return to LICENSEE or destroy all copies of SOFTWARE PRODUCTS subject to this Agreement. No fees paid to AT&T-IS for use of SOFTWARE PRODUCTS on DESIGNATED CPUs of such former SUBSIDIARIES shall be refunded; however, LICENSEE may substitute other CPUs for such DESIGNATED CPUs in accordance with Section 2.04.

VII. MISCELLANEOUS PROVISIONS

7.01 This Agreement shall prevail notwithstanding any conflicting terms or legends which may appear in a SOFTWARE PRODUCT.

7.02 AT&T-IS warrants for a period of ninety (90) clays from furnishing a SOFTWARE PRODUCT to LICENSEE that any magnetic medium on which portions of a SOFTWARE PRODUCT are furnished will be free under normal use from defects in materials, workmanship or recording. If such a defect appears within such warranty period LICENSEE may return the detective medium for replacement without charge. Replacement is LICENSEE'S sole remedy with respect to such a defect. AT&T-IS also warrants that it is empowered to grant the rights granted herein. AT&T-IS and other developers make no other representations or warranties, expressly or impliedly. By way of example but not of limitation, AT&T-IS and other developers make no representations or warranties of merchantability or fitness for any particular purpose, or that the use of any SOFTWARE PRODUCT will not infringe any patent, copyright or trademark. AT&T-IS and other developers shall not be held to any liability with respect to any claim by LICENSEE, or a third party on account of, or arising from, the use of any SOFTWARE PRODUCT.

7.03 No right is granted herein to use any identifying mark (such as, but not limited to, trade names, trademarks, trade devices, service marks or symbols, and abbreviations, contractions or simulations thereof) owned by, or used to identify any product or service of, AT&T-IS or a corporate affiliate thereof. LICENSEE agrees that it will not, without the prior written permission of AT&T-IS, (i) use any such identifying mark in advertising, publicity, packaging, labeling or in any other manner to identify any of its products or services or (ii) represent, directly or indirectly, that any product or service of LICENSEE is a product or service of AT&T-IS or such an affiliate or is made in accordance with or utilizes any information or documentation of AT&T-IS or such an affiliate.

7.04 Neither the execution of this Agreement nor anything in it or in any SOFTWARE PRODUCT shall be construed as an obligation upon AT&T-IS or any other developer to furnish any person, including LICENSEE, any assistance of any kind whatsoever, or any information or documentation other than the SOFTWARE PRODUCTS to be furnished by AT&T-IS pursuant to Sections 3.01 and 3.02.

7.05 (a) LICENSEE agrees that it shall hold all parts of the SOFTWARE PRODUCTS subject to this Agreement in confidence for AT&T-IS. LICENSEE further agrees that it shall not make any disclosure of any or all of such SOFTWARE PRODUCTS (including methods or concepts utilized therein) to anyone, except to employees and contractors of LICENSEE to whom such disclosure is necessary to the use for which rights are granted hereunder. LICENSEE shall appropriately notify each employee to whom any such disclosure is made that such disclosure is made in confidence and shall be kept in confidence by such employee. If information relating to a SOFTWARE PRODUCT subject to this Agreement at any lime becomes available without restriction to the general public by acts not attributable to LICENSEE, its contractors or employees of either, LICENSEE'S obligations under this section shall not apply to such information after such time.

(b) Notwithstanding the provisions of Section 7.05(a), LICENSEE may distribute copies of a SOFTWARE PRODUCT, either in modified or unmodified form, to third parties having licenses of equivalent scope herewith from AT&T-IS (or a corporate affiliate or authorized distributor thereof) for the same SOFTWARE PRODUCT, provided that LICENSEE first verifies the status of the recipient by calling AT&T-IS at 800-828-8619 (or other number specified by AT&T-IS). AT&T-IS will give oral verification of the recipient's status for recipients in the United States and written verification for recipients outside the United States- LICENSEE shall maintain a record of each such distribution and, for each quarterly period (ending on March 31st, June 30th, September 30th and December 31st) during which any such distribution occurs, forward a copy of such record for such period to AT&T-IS at the correspondence address specified-in Section 7.10(b) within thirty (30) days of the end of such period. Such record shall include, for each such distribution. the identity of the recipient, the date of verification, the name of the person at AT&T-IS providing verification and the date of distribution. LICENSEE may also obtain materials based on a SOFTWARE PRODUCT subject to this Agreement from such a third party and use such materials pursuant to this Agreement, provided that LICENSEE treats such materials hereunder the same as such SOFTWARE PRODUCT.

7.06 The obligations of LICENSEE, its employees and contractors under Section 7.0.5(s) shall survive and continue after any termination of rights under this Agreement or cessation of a SUBSIDIARY'S status as a SUBSIDIARY.

7.07 LICENSEE agrees that It will not use SOFTWARE PRODUCTS subject to this Agreement except as authorized herein and that it will not make, have made or permit to be made any copies of such SOFTWARE PRODUCTS except for use on DESIGNATED CPUs for such SOFTWARE PRODUCTS (including backup and archival copies necessary in connection with such use) and for distribution in accordance with Section 7.03(b). Each such copy shall contain any copyright notice, proprietary notice or notice giving credit to another developer, which appears on or in the SOFTWARE PRODUCT being copied. Specific instructions regarding such notices may also appear in the Schedules for certain SOFTWARE PRODUCTS.

7.08 Neither this Agreement nor any rights hereunder, in whole or in part, shall be assignable or otherwise transferable by LICENSEE and any purported assignment or transfer shall be null and void.

7.09 Except as provided in Section 7.05(b), nothing in this Agreement grants to LICENSEE the right to sell, lease or otherwise transfer or dispose of a SOFTWARE PRODUCT in whole or in part.

7.10 (a) Payments to AT&T-IS under this Agreement shalt be made payable and sent to:

AT&T INFORMATION SYSTEMS
P.O. Box 65080
Charlotte, North Carolina 28265

(b) Correspondence with AT&T-IS relating to this Agreement shall be sent to:

AT&T INFORMATION SYSTEMS
UNIX(TM) Software Licensing
P.O. Box 25000
Greensboro, North Carolina 27420

(c) Any statement, notice, request or other communication shall be deemed to be sufficiently given to the addressee and any delivery hereunder deemed made when sent by certified mail addressed to LICENSEE at its office specified in this Agreement or to AT&T-IS at the appropriate address specified in this Section 7.10. Each party to this Agreement may change an address relating to it by written notice to the other party.

7.11 If LICENSEE is not a corporation, all references to LICENSEE'S SUBSIDIARIES shall be deemed deleted.

7.I2 The construction and performance of this Agreement shall be governed by the law of the State of New York.



052386-052287 Page 1 of 7
Schedule for
UNIX* System V, Release 3.0
and
UNIX System V, Release 3.0 International Edition**
May 22, 1987
1. Fees
(a) Right-to-use fees
(i) Initial DESIGNATED CPU $65,000
(ii) Each additional DESIGNATED CPU $20,000
(iii) Each of third and subsequent DESIGNATED CPUs after initial
sublicensing fee has been paid $ 2,000
(iv) Fees listed in item (iii) above do not cover distribution of a copy of this SOFTWARE PRODUCT

(b) Distribution fee for each additional copy of this SOFTWARE PRODUCT $ 2,000
(c) Upgrade Fees

LICENSEES for any prior release or version of UNIX System V may upgrade those systems for the following fee: $22,000

Information on upgrade fees from other UNIX operating systems is available upon request.

(d) Right-to-use fees, upgrade fees and the distribution fee are subject to change upon ninety {90) days notice.
(e) Sublicensing fees (applicable only to SUBLICENSED PRODUCT under a Sublicensing Agreement)
(i) Initial $25,000***

(ii) Per Copy Fees (See Notes l and 2)

Base System $ 30
Kernel Extension 10
Basic Utilities Extension 20
Advanced Utilities Extension 60
Administered System Extension 80
Software Development Extension 80
Terminal Interface Extension 30
--------------------------------------------------------------------
Unlimited User System combining the above
seven components $150
1-2 User System combining the above seven
components 50
--------------------------------------------------------------------
Network Services Extension $ 30

(iii) UNIX System V ASSIST Software may be provided with a SUBLICENSED PRODUCT at no fee.

(iv) The extensions are defined in the System V Interface Definition, Issue 2, Volumes 1, 2 and 3. Use of any portion of an extension in deriving a SUBLICENSED PRODUCT will require payment of the full fee for that extension except as listed below:

- Routines from files in usr/src/lib whose pathnames end in .o or .a may be included in object-code format in customer developed applications software without payment of a sublicensing fee to AT&T.

- Routines in directories usr/src/head may be used to interface to routines in usr/src/lib whose pathnames end in .o or .a or files in usr/lib whose pathnames end in .a without payment of a sublicensing fee to AT&T.

(v) Sublicensing fees are subject to change on ninety (90) days' notice. However, if the per-copy fees are increased, a licensee may continue to pay the per-copy fees in effect at the beginning of such licensee's then-current period (initial period or additional one-year period) until the end of such period.

Notes:

1. A 1-2 user system is defined as having input/output ports for (a) not more than two (2) login terminals (including the, system console, if any) or (b) a login terminal and a network connection.

2. "User" means a login terminal for entry of information and display or printing of Information, such terminal being serviced on a time-sharing basis by an end-user CPU running a SUBLICENSED PRODUCT based on UNIX System V, Release 3.0 or UNIX System V, Release 3.0, International Edition. An end-user must not be given the ability to increase the number of users supported by a SUBLICENSED PRODUCT for a 1-2 user system.

2. Documentation Furnished

(a) Printed Documentation

AT&T 3B2 Computer UNIX System V Release 3.0 -
- Documentation Roadmap
- Product Overview
- Release Notes
- Systems Administrator's Guide
- Systems Administrator's Reference Manual

2. Documentation Furnished (Cont'd)

AT&T UNIX System V Release 3.0 -
- Programmer's Guide
- Programmer's Reference Manual
- STREAMS Programmer's Guide
- STREAMS Primer
- Network Programmer's Guide
- User's Guide
- User's Reference Manual

UNIX System V ASSIST Software
- User's Guide
Development Tools Guide
Release Notes

Computer Remote File Sharing Utilities Release 1.0 Release Notes
Computer Networking Support Utilities Release 1.0 Release Notes

Programming Language Utilities Issue 4 Release Notes.

anced Programming Utilities Release Notes.

X System V Release 3.0 Source Code Provision e Notes
Porting Rules
I Interface Definition, Issue 2
Programmer's Handbook
Computer Systems Documentation Catalog Computer Software Catalog. UNIX
System V
s marked with a pound sign (#) may NOT be reproduced, be purchased from
AT&T.
s noted in Section b, LICENSEE may reproduce no more copies of the
printed documentation per DESIGNATED additional copies may be reproduced
only upon execution
supplement for UNIX System V, Release 3.0 and UNIX ,

Release 3.0 International Edition - Documentation
:ion and payment of the appropriate fees.

NOTE: The printed documentation listed is general in nature and not intended to completely describe the COMPUTER PROGRAMS listed in Section 3; nor are all COMPUTER PROGRAMS described in such documentation necessarily included in the SOFTWARE PRODUCT.

3. COMPUTER PROGRAMS Furnished

The COMPUTER PROGRAMS listed in this section will be supplied on nine track, 1600 BPI magnetic tape or data cartridge.

(a) The usr/src directory and subdirectory file system in cpio format. Includes the following subdirectories and their associated lower level subdirectories and files:

cmd lib
head scripts
uts

(b) Source code for the graphics software.
Includes the graphics make file (graf.mk) and the following directories and their associated files and subdirectories:

include
src

Note: The "crypt" command, scripts, library function and associated documentation are not included in UNIX System V, Release 3.0, International Edition.

4. Sublicensing (under a Sublicensing Agreement)

(a) A SUBLICENSED PRODUCT based on UNIX System V, Release 3.0 or UNIX System V, Release 3.0, International Edition, may include:

(i) COMPUTER PROGRAMS in object-code format. All COMPUTER PROGRAMS may be treated as object-code except for files and subdirectories under directory usr/src.

The following text and data files and directories may be treated as.object code:
usr/src/cmd/spell/american usr/src/cmd/spell/list
usr/src/cmd/spell/british usr/src/cmd/spell/local
usr/src/cmd/spell/extra usr/src/cmd/spell/stop

(ii) The following, documents are proprietary to AT&T and may NOT be distributed with a SUBLICENSED PRODUCT:

AT&T UNIX System V, Release 3.0 - Source Code Provision Release Notes
System V Porting Rules

(iii) Except as noted in Section 2(b), not more than two copies of the permitted printed documentation may be reproduced and distributed with each copy of a SUBLICENSED PRODUCT containing the BASE system without execution of a Supplement for UNIX System V, Release 3.0 and UNIX System V, Release 3.0 International Edition - Documentation Reproduction and payment of the appropriate fees.

(iv) Documents which may not be reproduced may be purchased from AT&T and distributed with a SUBLICENSED PRODUCT based on UNIX System V, Release 3.0.

(b) A SUBLICENSED PRODUCT must conform to the following requirements:

(i) if a SUBLICENSED PRODUCT contains any portion of the BASE System, such portion must conform to the System V Interface Definition, Issue 2, Volumes 1,.2 and 3 ("SVID2").

(ii) After June 30, 1988, if LICENSEE offers a SUBLICENSED PRODUCT containing a portion of the BASE System such SUBLICENSED PRODUCT must conform to the entire BASE system as defined in SVID2.

(iii) if a SUBLICENSED PRODUCT contains any portion of the NETWORK SERVICES EXTENSION, such portion must conform to the SVID2 and must be designed to run with BASE Systems that conform to the SVID2.

(iv) After June 30, 1988, if LICENSEE offers a SUBLICENSED PRODUCT containing a portion of the NETWORK SERVICES EXTENSION such LICENSEE must also offer either a single SUBLICENSED PRODUCT containing the entire functionality of the NETWORK SERVICES EXTENSION or multiple
SUBLICENSED PRODUCTS which when combined contain the entire functionality of the NETWORK SERVICES EXTENSION. Such SUBLICENSED PRODUCTS(S) must conform to the SVID2 and must be designed to run with BASE systems that conform to the SVID2.

(v) A SUBLICENSED PRODUCT containing any portion of any extension outlined in Section 1(e)(11), except the SOFTWARE DEVELOPMENT EXTENSION, must be designed to run with BASE Systems that conform to
the SVID2.

(vi) A SUBLICENSED PRODUCT containing any portion of UNIX System V ASSISI Software must he designed to run with BASE Systems that conform to the SVID2.

(c) A SUBLICENSED PRODUCT does not need to conform to the SVID2 if it is being used on a CPU for porting and development activities related to such SUBLICENSED PRODUCT.

6. Other Software

The products listed below may be used in' the United States on DESIGNATED CPUs for UNIX System V? Release 3.0 as if they were that product. The products may also he used outside the United States on DESIGNATED CPUs for UNIX System V, Release 3.0, International Edition as if they were that product. Only those products marked with an "@" may be shipped outside the United States by AT&T.

All prior releases and versions of UNIX System V
@All prior releases and versions of UNIX System V, International Versions
UNIX System III
UNIX 32V Time-Sharing System, Version 1.0
UNIX Time-Sharing System, Seventh Edition
UNIX Time-Sharing System, Sixth Edition
UNIX :Programmer's Workbench System, Edition 1.0
UNIX Mini Time-Sharing System, Version 6

6. Time Sharing

UNIX System V, Release 3.0 or UNIX System V, Release 3.0, International Edition, may be used on a DESIGNATED CPU for such SOFTWARE PRODUCT to furnish a time-sharing service to third parties. A SUBLICENSED PRODUCT based on UNIX System V, Release 3.0 or UNIX System V, Release 3.0, International Edition, may also be used to furnish a time-sharing service to third parties.



*UNIX is a registered trademark of AT&T in the USA and other countries.
**Furnished to LICENSEES outside the United States
***Not payable by LICENSEES who have paid Initial Sublicensing Fee for another release or version of UNIX System V





  


Daimler Chrysler-AT&T Agreement - Exhibit A to SCO's Complaint as text | 0 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
No user comments.
Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )