# Digital License Agreement

This document is your Proof of License and the legal agreement governing
your use of the OS/8 software.


## 1 DEFINITION

SOFTWARE TECHNOLOGY shall mean the sources and binaries to the OS/8, an
operating system that runs on PDP-8 computers.

DIGITAL’S INTELLECTUAL PROPERTY RIGHTS shall mean DIGITAL’s patent,
copyright and trade secret rights in its SOFTWARE TECHNOLOGY.


## 2 LICENSE GRANT

Digital grants to Customer a worldwide, non-exclusive, royalty-free
license under DIGITAL’s INTELLECTUAL PROPERTY RIGHTS to reproduce,
modify, use and distribute the SOFTWARE TECHNOLOGY solely for
non-commercial uses.


## 3 TECHNOLOGY TRANSFER AND ACCEPTANCE

3.1 CUSTOMER acknowledges that it accepts the SOFTWARE TECHNOLOGY "AS
IS".

3.2 DIGITAL is under no obligation to supply error corrections or
updates to the SOFTWARE TECHNOLOGY as they become available, or to
provide training, support or consulting for the SOFTWARE TECHNOLOGY.


## 4 WARRANTY DISCLAIMER/LIMITATION OF LIABILITY

DIGITAL 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 DIGITAL BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, 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 LICENSE HEREUNDER.


## 5 INDEMNITY

CUSTOMER will hold DIGITAL 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,
DIGITAL 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 provided to CUSTOMER under this
Agreement.  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 DIGITAL.

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 DIGITAL
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 term 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.
