General ETH Oberon System Source License License Terms of the Swiss Federal Institute of Technology Zuerich (Eidgenoessische Technische Hochschule Zuerich [ETHZ]), represented by Prof. Dr. Juerg Gutknecht, Institute for Computer Systems, (hereafter Institute), concerning the Source Code to the software ETH Oberon. Article 1 Subject Subject of these license terms is the source code of the software system ETH Oberon, hereafter referred to as source code. Article 2 Rights of the Licensee The Licensee shall be granted the right to use the source code in whole or in part for private use, for conversion to another platform or for production of an application software, to grant sub-licenses of the source code as well as, under the condition of Article 3, to adapt or to modify it. The Licensee shall not be allowed to use the source code or derivatives thereof commercially, unless this right has been granted explicitly. Article 3 Prohibition (1) The Licensee may not do either of the following (a) modify the interfaces of the source code in any way that disagrees with style and content of the system. (b) produce conversions to another platform that disagree with style and content of the system. (2) In case of doubt the Institute shall be asked for written consent. Article 4 Obligations of the Licensee (1) Sub-licenses must confer the identical legal position which is granted by the present license terms. The Sub-Licensee must therefore be entitled to the same rights and must be bound by the same obligations as well as by the same prohibition as the Licensee. (2) The source code of each module, also in each copy, must at the beginning refer to the present license terms as follows: (* ETH Oberon, Copyright 2000 ETH Zuerich Institut fuer Computersysteme, ETH Zentrum, CH-8092 Zuerich. Refer to the "General ETH Oberon System Source License" contract available at: http://www.oberon.ethz.ch/ *) (3) The source code and each conversion resulting from its utilization must be provided with the name Oberon and designate as author the "Team of the Institute for Computer Systems of ETH Zuerich" at the beginning. Any further developments, updates and applications must be marked "based on Oberon". (4) Modifications by the Licensee are to be clearly identified. Article 5 Consequences of Infringements Each infringement of these license terms shall directly result in the loss of the rights granted in Article 2. There shall be no right to distribute those products which have been produced in violation of this contract. Article 6 Information (1) Upon request the Institute (e-mail: oberon@inf.ethz.ch) shall provide the Licensee with information on modifications, updates and further developments of the source code by the Institute. (2) Upon request the Licensee and each Sub-Licensee shall disclose to the Institute their applications, modifications, updates and further developments of the source code as well as the thereby gained experiences and knowledge. Article 7 Liability (1) The Institute does not assume any liability for damage directly or indirectly caused by the application of the source code. (2) If a third party takes legal action based on infringement of its protective rights by the Licensee's use of the source code, the contract party sued must immediately notify the other contract party. The Licensee is not entitled to conclude a settlement without the expressive and written consent of the Institute. Article 8 Modifications The Institute may modify these license terms. The valid version may be downloaded or requested as mentioned in Article 4 sub-paragraph 2. Article 9 Validity and Duration of License (1) Upon receipt of the source code these license terms are deemed to be accepted. (2) By notification with registered mail, the Institute may withdraw the license or the sub-license with immediate effect. (3) The obligations of the licensee according to Articles 3 and 4 sub-paragraphs 2 - 4 shall remain effective even after the termination of the license. Article 10 Applicable Law and Place of Jurisdiction This Agreement is governed by Swiss law. Place of jurisdiction is Zuerich. For the Institute: Zuerich, May 10, 2000 Juerg Gutknecht