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| Critical Mass License Agreement |
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| Critical Mass Modula-3 (CM3) |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 11. Governing Law. This Agreement is governed by the laws of the |
| Commonwealth of Massachusetts. |
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| 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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