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Critical Mass License Agreement
Critical Mass Modula-3 (CM3)
1. Grant Of License. Critical Mass, Inc., 1770 Massachusetts Ave.
Cambridge, MA 02140 USA ("CRITICAL MASS"), grants to you
("LICENSEE") the non-exclusive, non-transferable, royalty free
right to use, modify, reproduce and distribute Critical Mass
Modula-3 ("SOFTWARE") subject to the terms set forth herein. Any
distribution of SOFTWARE shall include this Critical Mass License
Agreement in human readable form.
2. Title to Intellectual Property and Software. Subject to the
limited rights and licenses granted under this License Agreement,
all rights, title and interests including patent, copyright, and
trademark rights in SOFTWARE are and shall remain vested in
CRITICAL MASS to the exclusion of LICENSEE. CRITICAL MASS
represents and warrants that CRITICAL MASS has the legal right to
grant such licenses as are expressly granted under this Agreement.
3. Copyright. The SOFTWARE is owned by CRITICAL MASS or its
suppliers and is protected by United States copyright laws and
international treaty provisions. Therefore, you must treat the
SOFTWARE like any other copyrighted material (e.g., a book or
musical recording) except that you may use the SOFTWARE as
provided in this Critical Mass License Agreement.
4. Improvements. LICENSEE hereby grants to CRITICAL MASS a
non-exclusive, non-transferable, royalty free right to use,
modify, reproduce and distribute with the right to sublicense at
any tier, any improvements, enhancements, extensions, or
modifications that LICENSEE make to SOFTWARE, provided such are
returned to CRITICAL MASS by LICENSEE.
5. DISCLAIMER OF WARRANTY. Because the SOFTWARE is a research work
and not a released product, it is provided "AS IS" WITHOUT
WARRANTY OF ANY KIND AND WITHOUT ANY SUPPORT SERVICES. EXCEPT AS
SPECIFICALLY PROVIDED ABOVE IN SECTION 2, CRITICAL MASS FURTHER
DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE
REMAINS WITH YOU.
6. Limitation of Liability. IN NO EVENT SHALL CRITICAL MASS OR ITS
SUPPLIERS BE LIABLE IN AN AMOUNT THAT EXCEEDS THE LICENSE FEE PAID
BY LICENSEE FOR ANY DAMAGES (INCLUDING, WITH LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), REGARDLESS OF THE
FORM OF CLAIM OR ACTIONS, ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF CRITICAL MASS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
7. Acknowledgement of Allocation of Risk. LICENSEE acknowledges and
agrees that the fees charged by CRITICAL MASS in this Agreement
reflect the allocation of risks provided by the foregoing
limitation of liability. LICENSEE acknowledges and represents
that it has read and understands these allocations of risk
limiting the liability of CRITICAL MASS and that it understands
that a modification of the allocation of risks set forth in this
agreement would affect the fees charged by CRITICAL MASS, and that
LICENSEE, in consideration of such fees, agrees to such
allocations of risk.
8. LICENSEE INDEMNIFICATION. LICENSEE SHALL INDEMNIFY CRITICAL MASS
AGAINST ALL COSTS AND DAMAGE JUDGEMENTS, INCLUDING ATTORNEY'S FEES
AND COSTS OF DEFENSE, INCURRED BECAUSE OF CLAIMS OF DAMAGE ARISING
FROM LICENSEE'S POSSESSION OR USE OR INABILITY TO USE SOFTWARE.
9. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are
provided with RESTRICTED RIGHTS. Use duplication, or disclosure
by the Government is subject restrictions as set forth in
subparagraph (c)(1)(ii) of The Rights in Technical Data and
Computer Software clause in DFARS 252.227-7013, or subparagraphs
(c)(i) and (2) of the Commercial Computer Software -- Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
Critical Mass, Inc., 1770 Massachusetts Ave., Cambridge, MA 02140
USA.
10. Severability. If any provision of the Agreement is held illegal
or unenforceable by any court of competent jurisdiction, such
provision shall be deemed separable from the remaining provisions
of this Agreement and shall not affect or impair the validity or
enforceability of the remaining provisions of this Agreement.
11. Governing Law. This Agreement is governed by the laws of the
Commonwealth of Massachusetts.
12. Publicity. You my not use the name of CRITICAL MASS in any
advertisement, press release or other publicity with reference to
Critical Mass Modula-3 without prior written consent of CRITICAL
MASS.
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