>>William King wrote:
>
>> I recently acquired a load of 9 track tapes from eBay. What a deal, I only
>> paid 1 cent for a trunk load of tapes. In there, I found an original DEC
>> RSX11M+ (3.0) distribution, several DECUS RSX SIG tapes from the fall of
>> 1981 to the spring of 1987 and a bunch of other miscellaneous tapes!
>
>Jerome Fine replies:
>
>As mentioned from another reply, Tim Shoppa probably has those DECUS
>RSX-11 tapes already available for download.
If he doesn't copies need to be provided to his archive. For anyone that's
not aware of what he's doing, he provides the primary archive for all DECUS
PDP-11 software, and all (DECUS and DEC) PDP-10 software.
>But the RSX11M+ (V3.00) may be OK to make available for download
>as well. Zane, do you have a copy of the hobby license from Mentec as
>to which versions of RSX-11 are allowed?
You're right, RSX-11M+ V3.0 is allowed under the license. However, this
has gotten kind of tricky. As I understand it this only applies to
emulators released by DEC, we've known that Ersatz-11 wasn't covered, well
guess what, as I understand it the latest versions of simh, technically
aren't either (note, neither Bob Supnik nor Mentec have commented on this
as far as I know, but this has been brought up in the newsgroups). So it
sounds like simh v2.3d or so can be used to run RSX-11M+ V3.0 as a hobbyist
legally, but that's about it. Confused yet?
I've included the license text below, hopefully it doesn't get to scrambled.
Oh, and done't forget layered products for RSX-11M+ V3.0 that were released
before or at the time of RSX-11M+ V3.0 are also covered under this license.
Zane
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 Administrator |
| healyzh_at_aracnet.com (primary) | OpenVMS Enthusiast |
| | Classic Computer Collector |
+----------------------------------+----------------------------+
| Empire of the Petal Throne and Traveller Role Playing, |
| and Zane's Computer Museum. |
| http://www.aracnet.com/~healyzh/ |
Received on Thu Jul 19 2001 - 11:38:15 BST