Mentec License for Emulators

From: Jerome Fine <jhfine_at_idirect.com>
Date: Thu Aug 27 13:20:53 1998

>Zane H. Healy wrote:

> This might answer a few of the questions, I just dug this up out of the
> Supnick emulator distribution:
>
> LICENSE AGREEMENT
>
> This Agreement, dated ________________, is entered into by Mentec Inc., a
> Massachusetts Company, located at 55 Technology Drive, Lowell, MA 01851,
> U.S.A. (MENTEC), and _____________________________________________ having a
> residence at __________________________________________________________
> (CUSTOMER).
>
> Whereas, MENTEC owns the rights to the following PDP-11 Operating Systems
> and associated layered products (RT-11 V5.3 or prior, RSTS/E V9.6 or prior,
> RSX-11M V4.3 or prior, RSX-11M PLUS V3.0 or prior) (SOFTWARE TECHNOLOGY)
> and is prepared to grant a non-exclusive license to use such
> SOFTWARE TECHNOLOGY for personal, non-commercial purposes;
>
> Whereas, CUSTOMER desires to enter into a License Agreement which will
> allow CUSTOMER to use such software technology at his or her residence for
> personal, non-commercial purposes;
>
> MENTEC and CUSTOMER agree as follows:
>
> 1 DEFINITIONS
>
> SOFTWARE TECHNOLOGY shall mean the binary versions of the PDP-11 Operating
> Systems (RT-11 V5.3 or prior, RSTS/E V9.6 or prior, RSX-11M V4.3 or prior,
> RSX-11M PLUS V3.0 or prior), and associated utilities and layered products
> that run on PDP-11 computers.
>
> MENTEC?S INTELLECTUAL PROPERTY RIGHTS shall mean MENTEC?s patent, copyright
> and trade secret rights in its SOFTWARE TECHNOLOGY.
>
> EMULATOR shall mean software owned by Digital Equipment Corporation that
> emulates the operation of a PDP-11 processor and allows PDP-11 programs and
> operating systems to run on non-PDP-11 systems.
>
> 2 LICENSE GRANT
>
> MENTEC grants to CUSTOMER a worldwide, non-exclusive, royalty-free license
> under MENTEC's INTELLECTUAL PROPERTY RIGHTS to use and copy the SOFTWARE
> TECHNOLOGY solely for personal, non-commercial uses in conjunction with the
> EMULATOR.
>
> 3 TECHNOLOGY TRANSFER AND ACCEPTANCE
>
> 3.1 CUSTOMER is responsible for obtaining copies of SOFTWARE TECHNOLOGY and
> accepts the SOFTWARE TECHNOLOGY "AS IS".
>
> 3.2 MENTEC is under no obligation to supply SOFTWARE TECHNOLOGY,
> documentation, error corrections or updates to the SOFTWARE TECHNOLOGY if
> or when they become available, or to provide training, support or
> consulting for the SOFTWARE TECHNOLOGY.
>
> 4 WARRANTY DISCLAIMER/LIMITATION OF LIABILITY
>
> MENTEC DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SOFTWARE TECHNOLOGY
> LICENSED TO CUSTOMER HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF
> MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL MENTEC BE LIABLE FOR ANY
> SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
> RESULTING FROM LOSS OF USE OR DATA, WHETHER IN AN ACTION OF CONTRACT,
> NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER TORTIOUS ACTION,
> ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE
> TECHNOLOGY LICENSED HEREUNDER.
>
> 5 INDEMNITY
>
> CUSTOMER will hold MENTEC harmless against all liabilities, demands,
> damages, expenses, or losses arising out of use by CUSTOMER of SOFTWARE
> TECHNOLOGY or information furnished under this Agreement.
>
> 6 TERM AND TERMINATION
>
> 6.1 This Agreement shall be effective until otherwise terminated. Either
> party may terminate this Agreement at any time upon 30 days written notice.
>
> 6.2 If CUSTOMER shall fail to perform or observe any of the terms and
> conditions to be performed or observed by it under this Agreement, MENTEC
> may in its sole discretion thereafter elect to terminate this Agreement,
> and this Agreement and all the obligations owed and rights granted herein
> to CUSTOMER shall immediately terminate.
>
> 6.3 The parties agree that the termination of this Agreement shall not
> release either party from any other liability which shall have accrued to
> the other party at the time such termination becomes effective, nor affect
> in any manner the survival of any right, duty or obligation of either party.
>
> 6.4 In the event of any termination of this Agreement for any reason,
> CUSTOMER shall delete all original and all whole or partial copies and
> derivatives of the SOFTWARE TECHNOLOGY from his or her computer system.
> CUSTOMER further shall cease to use and distribute the SOFTWARE TECHNOLOGY
> in all forms immediately upon the date of termination.
>
> 7 GENERAL TERMS
>
> 7.1 This Agreement shall be governed by the laws of the Commonwealth of
> Massachusetts.
>
> 7.2 This Agreement imposes personal obligations on CUSTOMER. CUSTOMER shall
> not assign any rights under this Agreement not specifically transferable by
> its terms without the written consent of MENTEC.
>
> 7.3 The SOFTWARE TECHNOLOGY obtained under this Agreement may be subject to
> US and other government export control regulations. CUSTOMER assures that
> it will comply with these regulations whenever it exports or re-exports a
> controlled product or technical data obtained from MENTEC or any product
> produced directly from the SOFTWARE TECHNOLOGY.
>
> 7.4 The waiver of a breach hereunder may be effected only by a writing
> signed by the waiving party and shall not constitute a waiver of any other
> breach.
>
> 7.5 CUSTOMER acknowledges that he has read this Agreement, understands it
> and agrees to be bound by its terms and further agrees that it is the
> complete and exclusive statement of the Agreement between the parties which
> supersedes all communications and understanding between the parties
> relating to the subject matter of this Agreement.
>
> | Zane H. Healy | UNIX Systems Adminstrator |
> | healyzh_at_ix.netcom.com (primary) | Linux Enthusiast |
> | healyzh_at_holonet.net (alternate) | Classic Computer Collector |
> +----------------------------------+----------------------------+
> | Empire of the Petal Throne and Traveller Role Playing, |
> | and Zane's Computer Museum. |
> | http://www.dragonfire.net/~healyzh/ |

I think there may be interest here as well. I messed up the address the
first attempt.

Megan says she has a V5.3 of RT-11 to be made available.
And I think someone else just mentioned that they had acquired
a set of RX50 for V5.3 of RT-11. Happy computing.

Sincerely yours,

Jerome Fine
RT-11/TSX-PLUS User/Addict
Received on Thu Aug 27 1998 - 13:20:53 BST

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