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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