Scott McKellar has done the endlessly tedious work of OCRing and transcribing this 1985 AT&T-IBM Software Agreement, referred to as SOFT-00015 in the legal documents, SCO's Exhibit A to its Amended Complaint. Thank you, Scott. The original as PDF is here [PDF].
SS-Soft. Corp-030184
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Agreement Number SOFT-00015
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AT&T TECHNOLOGIES, INC.
SOFTWARE AGREEMENT
1. AT&T TECHNOLOGIES, INC., a New York corporation ("AT&T"), having
an office at 222 Broadway, New York, New York 10038, and INTERNATIONAL
BUSINESS MACHINES CORPORATION, a New York corporation,
having an office at Old Orchard Road, Armonk, New York 10504,
for itself and its SUBSIDIARIES (collectively referred to as "LICENSEE")
agree that, after execution of this Agreement by LICENSEE and acceptance of this
Agreement by AT&T, the terms and conditions set forth on pages 1 through 6 of
this Agreement shall apply to use by LICENSEE of SOFTWARE PRODUCTS
that become subject to this Agreement.
2. AT&T makes certain SOFTWARE PRODUCTS available under this
Agreement. Each such SOFTWARE PRODUCT shall become subject to this
Agreement on acceptance by AT&T of a Supplement executed by LICENSEE that
identifies such SOFTWARE PRODUCT and lists the DESIGNATED CPUs
therefor. The first Supplement for a specific SOFTWARE PRODUCT shall have
attached a Schedule for such SOFTWARE PRODUCT. Any additional terms and
conditions set forth in such Schedule shall also apply with respect to such
SOFTWARE PRODUCT. Initially, Supplement(s) numbered 1, 2 and 3
-------------------- are included in and made part of this Agreement.
3. Additional Supplements may be added to this Agreement to add additional
SOFTWARE PRODUCTS (and DESIGNATED CPUs therefor) or to add or
replace DESIGNATED CPUs for other SOFTWARE PRODUCTS covered by
previous Supplements. Each such additional Supplement shall be considered part
of this Agreement when executed by LICENSEE and accepted by AT&T.
4. This Agreement and its Supplements set forth the entire agreement and
understanding between the parties as to the subject matter hereof and merge all
prior discussions between them, and neither of the parties shall be bound by any
conditions, definitions, warranties, understandings or representations with respect
to such subject matter other than as expressly provided herein or as duly set forth
on or subsequent to the date of acceptance hereof in writing and signed by a proper
and duly authorized representative of the party to be bound thereby. No provision
appearing on any form originated by LICENSEE shall be applicable unless such
provision is expressly accepted in writing by an authorized representative of
AT&T.
INTERNATIONAL BUSINESS
MACHINES CORPORATION
By {signature: R.A. McDonough} 2/1/85
(Signature) (Date)
R.A. McDonough III
(Type or print name)
COUNSEL - SYSTEMS PRODUCT DIV.
(Title)
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Accepted by:
AT&T TECHNOLOGIES, INC.
By {signature: illegible} 2-1-85
(Signature) (Date)
for
O. L. WILSON
(Type or print name)
Manager, Software Sales and Marketing
(Title)
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I. DEFINITIONS
1.01 CPU means central processing unit.
1.02 COMPUTER PROGRAM means any instruction or instructions, in
source-code or object-code format, for controlling the operation of a CPU.
1.03 DESIGNATED CPU means any CPU listed as such for a specific
SOFTWARE PRODUCT in a Supplement to this Agreement.
1.04 SOFTWARE PRODUCT means materials such as COMPUTER
PROGRAMS, information used or interpreted by COMPUTER PROGRAMS
and documentation relating to the use of COMPUTER PROGRAMS. Materials
available from AT&T for a specific SOFTWARE PRODUCT are listed in the
Schedule for such SOFTWARE PRODUCT.
1.05 SUBSIDIARY of a company means a corporation or other legal entity (i)
the majority of whose shares or other securities entitled to vote for election of
directors (or other managing authority) is now or hereafter controlled by such
company either directly or indirectly; or (ii) the majority of the equity interest in
which is now or hereafter owned and controlled by such company either directly or
indirectly; but any such corporation or other legal entity shall be deemed to be a
SUBSIDIARY of such company only so long as such control or such ownership
and control exists.
II. GRANT OF RIGHTS
2.01 AT&T grants to LICENSEE a personal, nontransferable and nonexclusive
right to use in the United States each SOFTWARE PRODUCT identified in the
one or more Supplements hereto, solely for LICENSEE'S own internal business
purposes and solely on or in conjunction with DESIGNATED CPUs for such
SOFTWARE PRODUCT. Such right to use includes the right to modify such
SOFTWARE PRODUCT and to prepare derivative works based on such
SOFTWARE PRODUCT, provided the resulting materials are treated hereunder
as part of the original SOFTWARE PRODUCT.
2.02 A single back-up CPU may be used as a substitute for a DESIGNATED
CPU without notice to AT&T during any time when such DESIGNATED CPU is
inoperative because it is malfunctioning or undergoing repair, maintenance or
other modification.
2.03 LICENSEE may at any time notify AT&T in writing of any changes, such
as replacements or additions, that LICENSEE wishes to make to the
DESIGNATED CPUs for a specific SOFTWARE PRODUCT. AT&T will
prepare additional Supplements as required to cover such changes. Changes
covered by a Supplement shall become effective after execution of such Supplement
by LICENSEE, acceptance thereof by AT&T and, in the case of each additional
CPU, receipt by AT&T of the appropriate fee.
2.04 On AT&T's request, but not more frequently than annually, LICENSEE
shall furnish to AT&T a statement, certified by an authorized representative of
LICENSEE, listing the location, type and serial number of all DESIGNATED
CPUs hereunder and stating that the use by LICENSEE of SOFTWARE
PRODUCTS subject to this Agreement has been reviewed and that each such
SOFTWARE PRODUCT is being used solely on DESIGNATED CPUs (or
temporarily on back-up CPUs) for such SOFTWARE PRODUCTS pursuant to
the provisions of this Agreement.
2.05 No right is granted by this Agreement for the use of SOFTWARE
PRODUCTS directly for others, or for any use of SOFTWARE PRODUCTS by
others.
III. DELIVERY
3.01 Within a reasonable time after AT&T receives the fee specified in the first
Supplement for a SOFTWARE PRODUCT, AT&T will furnish to LICENSEE
one (1) copy of such SOFTWARE PRODUCT in the form identified in the
Schedule for such SOFTWARE PRODUCT.
3.02 Additional copies of SOFTWARE PRODUCTS covered by this
Agreement will be furnished to LICENSEE after receipt by AT&T of the
then-current distribution fee for each such copy.
IV. EXPORT
4.01 LICENSEE agrees that it will not, without the prior written consent of
AT&T, export, directly or indirectly, SOFTWARE PRODUCTS covered by this
Agreement to any country outside of the United States.
V. FEES AND TAXES
5.01 Within sixty (60) days after acceptance of this Agreement by AT&T,
LICENSEE shall pay to AT&T the fees required by the Supplement(s) initially
attached hereto for the DESIGNATED CPUs listed in such Supplement(s).
5.02 Within sixty (60) days after acceptance of each additional Supplement by
AT&T, LICENSEE shall pay to AT&T any fee required by such additional
Supplement for the DESIGNATED CPUs listed in such additional Supplement.
5.03 Payments to AT&T shall be made in United States dollars to AT&T at the
address specified in Section 7.11(a).
5.04 LICENSEE shall pay all taxes, including any sales or use tax (and any
related interest or penalty), however designated, imposed as a result of the existence
or operation of this Agreement, except any income tax imposed upon AT&T by
any governmental entity within the United States proper (the fifty (50) states and
the District of Columbia). Fees specified in Supplement(s) to this Agreement and in
Schedule(s) attached to Supplement(s) are exclusive of any taxes. If AT&T is
required to collect a tax to be paid by LICENSEE, LICENSEE shall pay such tax
to AT&T on demand.
VI. TERM
6.01 This Agreement shall become effective on and as of the date of acceptance
by AT&T.
6.02 LICENSEE may terminate its rights under this Agreement by written
notice to AT&T certifying that LICENSEE has discontinued use of and returned or
destroyed all copies of SOFTWARE PRODUCTS subject to this Agreement.
6.03 If LICENSEE fails to fulfill one or more of its obligations under this
Agreement, AT&T may, upon its election and in addition to any other remedies
that it may have, at any time terminate all the rights granted by it hereunder by not
less than two (2) months' written notice to LICENSEE specifying any such breach,
unless within the period of such notice all breaches specified therein shall have been
remedied; upon such termination LICENSEE shall immediately discontinue use of
and return or destroy all copies of SOFTWARE PRODUCTS subject to this
Agreement.
6.04 In the event of termination of rights under Sections 6.02 or 6.03, AT&T
shall have no obligation to refund any amounts paid to it under this Agreement.
6.05 LICENSEE agrees that when a SUBSIDIARY'S relationship to
LICENSEE changes so that it is no longer a SUBSIDIARY of LICENSEE, (i) all
rights of such former SUBSIDIARY to use SOFTWARE PRODUCTS subject to
this Agreement shall immediately cease, and (ii) such former SUBSIDIARY shall
immediately discontinue use of and return to LICENSEE or destroy all copies of
SOFTWARE PRODUCTS subject to this Agreement. No fees paid to AT&T for
use of SOFTWARE PRODUCTS on DESIGNATED CPUs of such former
SUBSIDIARIES shall be refunded; however, LICENSEE may substitute other
CPUs for such DESIGNATED CPUs in accordance with Section 2.03.
VII. MISCELLANEOUS PROVISIONS
7.01 Nothing contained herein shall be construed as conferring by implication,
estoppel or otherwise any license or right under any patent or trademark. However,
in respect of patents under which AT&T can grant rights, AT&T grants to
LICENSEE all such rights necessary for the use by LICENSEE, pursuant to the
rights granted herein, of SOFTWARE PRODUCTS, except to the extent that
such patents apply (i) independently of the use of any such SOFTWARE
PRODUCT, (ii) because a DESIGNATED CPU is used in combination with other
hardware or (iii) because any such SOFTWARE PRODUCT is modified from the
version furnished hereunder to LICENSEE by AT&T or is used in combination
with other software.
7.02 This Agreement shall prevail notwithstanding any conflicting terms or
legends which may appear in a SOFTWARE PRODUCT.
7.03 AT&T warrants that it is empowered to grant the rights
granted hereunder. AT&T makes no other representations or
warranties, expressly or impliedly. By way of example but not of
limitation, AT&T makes no representations or warranties of
merchantability or fitness for any particular purpose, or that the use
of any SOFTWARE PRODUCT will not infringe any patent,
copyright or trademark. AT&T shall not be held to any liability with
respect to any claim by LICENSEE, or a third party on account of, or
arising from, the use of any SOFTWARE PRODUCT.
7.04 LICENSEE agrees that it will not, without the prior written permission of
AT&T, (i) use in advertising, publicity, packaging, labeling or otherwise any trade
name, trademark, trade device, service mark, symbol or any other identification or
any abbreviation, contraction or simulation thereof owned by AT&T (or a
corporate affiliate thereof) or used by AT&T (or such an affiliate) to identify any of
its products or services, or (ii) represent, directly or indirectly, that any product or
service of LICENSEE is a product or service of AT&T (or such an affiliate), or is
made in accordance with or utilizes any information or documentation of AT&T (or
such an affiliate).
7.05 Neither the execution of this Agreement nor anything in it or in any
SOFTWARE PRODUCT shall be construed as an obligation upon AT&T to
furnish any person, including LICENSEE, any assistance of any kind whatsoever,
or any information or documentation other than the SOFTWARE PRODUCTS to
be furnished pursuant to Sections 3.01 and 3.02.
7.06 (a) LICENSEE agrees that it shall hold all parts of the SOFTWARE
PRODUCTS subject to this Agreement in confidence for AT&T. LICENSEE
further agrees that it shall not make any disclosure of any or all of such
SOFTWARE PRODUCTS (including methods or concepts utilized therein) to
anyone, except to employees of LICENSEE to whom such disclosure is necessary to
the use for which rights are granted hereunder. LICENSEE shall appropriately
notify each employee to whom any such disclosure is made that such disclosure is
made in confidence and shall be kept in confidence by such employee. If
information relating to a SOFTWARE PRODUCT subject to this Agreement at
any time becomes available without restriction to the general public by acts not
attributable to LICENSEE or its employees, LICENSEE'S obligations under this
section shall not apply to such information after such time.
(b) Notwithstanding the provisions of Section 7.06(a), LICENSEE may
distribute copies of a SOFTWARE PRODUCT, either in modified or unmodified
form, to third parties having licenses of equivalent scope herewith from AT&T (or a
corporate affiliate thereof) for the same SOFTWARE PRODUCT, provided that
LICENSEE first verifies the status of any such third party in accordance with
specific instructions issued by AT&T. Such instructions may be obtained on request
from AT&T at the correspondence address specified in Section 7.11(b). LICENSEE
may also obtain materials based on a SOFTWARE PRODUCT subject to this
Agreement, provided that LICENSEE treats such materials as if they were part of
such SOFTWARE PRODUCT.
7.07 The obligations of LICENSEE and its employees under Section 7.06(a)
shall survive and continue after any termination of rights under this Agreement or
cessation of a SUBSIDIARY'S status as a SUBSIDIARY.
7.08 LICENSEE agrees that it will not use SOFTWARE PRODUCTS subject
to this Agreement except as authorized herein and that it will not make, have made
or permit to be made any copies of such SOFTWARE PRODUCTS except for use
on DESIGNATED CPUs for such SOFTWARE PRODUCTS (including backup
and archival copies necessary in connection with such use) and for distribution in
accordance with Section 7.06(b). Each such copy shall contain the same copyright
and/or proprietary notices or notice giving credit to a developer, which appear on
or in the SOFTWARE PRODUCT being copied.
7.09 Neither this Agreement nor any rights hereunder, in whole or in part, shall
be assignable or otherwise transferable by LICENSEE and any purported
assignment or transfer shall be null and void.
7.10 Except as provided in Section 7.06(b), nothing in this Agreement grants to
LICENSEE the right to sell, lease or otherwise transfer or dispose of a
SOFTWARE PRODUCT in whole or in part.
7.11 (a) Payments to AT&T under this Agreement shall be made payable and
sent to:
AT&T TECHNOLOGIES, INC.
P.O. Box 65080
Charlotte, North Carolina 28265
(b) Correspondence with AT&T relating to this Agreement shall be sent to:
AT&T TECHNOLOGIES, INC.
Software Sales and Marketing Organization
P.O. Box 25000
Greensboro, North Carolina 27420
(c) Any payment, statement, notice, request or other communication shall be
deemed to be sufficiently given to the addressee and any delivery hereunder
deemed made when sent by certified mail addressed to LICENSEE at its office
specified in this Agreement or to AT&T at the appropriate address specified in this
Section 7.11. Each party to this Agreement may change an address relating to it by
written notice to the other party.
7.12 If LICENSEE is not a corporation, all references to LICENSEE'S
SUBSIDIARIES shall be deemed deleted.
7.13 The construction and performance of this Agreement shall be governed by
the law of the State of New York.
Agreement Number SOFT-00015
Supplement Number 1
AT&T TECHNOLOGIES, INC.
SOFTWARE AGREEMENT SUPPLEMENT
The CPU(s) listed below are hereby made DESIGNATED CPUs for the following
SOFTWARE PRODUCT: UNIX* System V, Release 2.0--------------
subject to the referenced Agreement.
[X]
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A Schedule for such SOFTWARE PRODUCT is attached to this
Supplement.
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[ ]
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A Schedule for such SOFTWARE PRODUCT was attached to
Supplement No. ________________________.
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DESIGNATED CPUs
Location
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Type
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Serial No.
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Source or
Object
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Fee
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All CPUs that are SOURCE CPUs under the prior January 1, 1982 Software
Agreement, as Modified, Between Our Companies Relating to UNIX System V,
Release 2.0 and other UNIX Operating Systems, for which agreement this
agreement has been substituted. All fees for such CPUs have been paid
pursuant to such prior agreement.
[X]
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This Supplement is attached to and made a part of the referenced
Agreement. Execution and acceptance of such Agreement also
constitutes execution and acceptance of this Supplement.
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[ ]
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Execution and acceptance of this Supplement follow.
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Accepted by:
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____________________________
By__________________________
(Signature)
(Date)
____________________________
(Type or print name)
____________________________
(Title)
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AT&T TECHNOLOGIES, INC.
By__________________________
(Signature)
(Date)
____________________________
(Type or print name)
____________________________
(Title)
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*UNIX is a trademark of AT&T Bell Laboratories.
O-040184
R-120184
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Page 1 of 6
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Schedule for
UNIX* System V, Release 2.0 Version 1
and
UNIX System V, Release 2.0 Version 1, International Edition**
1. Fees
(a) Right-to-use fees
(i) First DESIGNATED CPU (Source) $43,000***
(ii) Each additional DESIGNATED CPU (Source) $16,000
(iii) Each of third and subsequent DESIGNATED CPUs
(Source) after initial sublicensing fee has been
paid
1-32 user system $ 1,000
1-64 user system $ 3,500
> 64 user system $ 7,000
(See Notes 1 and 3)
(iv) DESIGNATED CPU (Object) $ 4,800
(See Note 2)
(v) Fees listed in items (iii) and (iv) do not
include a distribution of software.
(b) Distribution fee for each additional
copy $ 400
(c) Sublicensing fees (applicable only to
SUBLICENSED PRODUCT under a Sublicensing
Agreement)
(i) Initial $25,000***
(ii) Per-Copy
1-2 user system $ 60
1-8 user system $ 125
1-16 user system $ 500
1-32 user system $ 1,000
1-64 user system $ 3,500
> 64 user system $ 7,000
(See Notes 1 and 3)
------------
*UNIX is a trademark of AT&T Bell Laboratories
**Furnished to LICENSEES outside the United States
***Lower fees may apply to LICENSEES for other versions of UNIX System V
(d) Upgrade Fees
LICENSEES for the following UNIX operating system(s)
may upgrade those systems for the fees shown:
UNIX System V Release 1.0 or Release 1.1 $2,500
UNIX System III $3,500
Information on upgrade fees for other UNIX operating
systems is available upon request.
(e) Fees in this schedule are subject to change without notice.
Notes:
1. "User" means a terminal for entry of information and display
or printing of information, such terminal being serviced on a
time-sharing basis by a DESIGNATED CPU running UNIX System V,
Release 2.0 Version 1 or UNIX System V, Release 2.0 Version 1,
International Edition, or an end-user CPU running a
SUBLICENSED PRODUCT based on UNIX System V, Release 2.0
Version 1 or UNIX System V, Release 2.0 Version 1,
International Edition. An end-user must not be given the
ability to increase the number of users supported by a
SUBLICENSED PRODUCT.
2. All of UNIX System V, Release 2.0 Version 1 or UNIX System V,
Release 2.0 Version 1, International Edition may be used on or
in conjunction with a DESIGNATED CPU (Source). Only the
materials that may be included in a SUBLICENSED PRODUCT
pursuant to Section 4 of this Schedule may be used on or in
conjunction with a DESIGNATED CPU (Object).
3. The number of users supported on a DESIGNATED CPU paid for
under Paragraph 1(a) (iii) or supported by a SUBLICENSED
PRODUCT may be increased from a lower number to a higher
number on payment of the difference between the fee stated for
the lower number and the fee stated for the higher number.
2. Documentation Furnished
(a) Printed Documentation
Items marked with an asterisk (*) are supplied with UNIX
System V, Release 2.0 Version 1, International Edition only
- UNIX System V - System Release Description
- UNIX System V - Portfolio
- UNIX System V - User Reference Manual
- UNIX System V - Administrator Reference Manual
- UNIX System V - Programmer Reference Manual
- UNIX System V - Error Message Reference Manual
- UNIX System V - Programming Guide
- UNIX System V - Support Tools Guide
- UNIX System V - Graphics Guide
- UNIX System V - User Guide
- UNIX System V - Operator Guide
- UNIX System V - Administrator Guide
-*UNIX System V - International Release Description
(b) On-Line Documentation
On-line documentation is provided for the UNIX System User
Reference Manual, the Administrator Reference Manual and the
Programmer Reference Manual.
NOTE: The printed documentation listed is general in nature and
not intended to completely describe the COMPUTER PROGRAMS
listed in Section 3; nor are all COMPUTER PROGRAMS described
in such documentation necessarily included in the SOFTWARE
PRODUCT.
3. COMPUTER PROGRAMS Furnished
The COMPUTER PROGRAMS listed in this section and the on-line
documentation listed in Section 2(b) above will be supplied on four
reels of nine track, 800 BPI (PDP** 11/70 only) or 1600 BPI
magnetic tape; plus a diagnostic tape for tape transport.
(a) Tape Boot Loader and Initial System Load program for copying
the system software from the distribution tape to the system
disk.
(b) An executable copy of the cpio program.
**PDP is a trademark of Digital Equipment Corporation
(c) A physical copy of the root file system.
Includes the following directories and their associated files:
bck
bin
etc
dev
lib
stand
tmp
(d) The root file system in cpio format.
Includes the following directories and their associated files:
bck
bin
etc
dev
lib
stand
tmp
(e) The /usr file system in cpio format. Includes the following
subdirectories and their associated lower level subdirectories
and files:
adm include news
bin lib preserve
catman lost + found pub
games mail spool
tmp
(f) Source code for the RJE software includes the RJE make file
(rje.mk) and the following directories and their associated
files:
lib
send.d
src
util
vpm
(g) Source code for the graphics software.
Includes the graphics make file (graf.mk) and the following
directories and their associated files and subdirectories:
include
lib
src
(h) Source code of the system software includes top level make
commands and the following directories and their associated
subdirectories and files:
cmd
games
head
lib
stand
uts
Note: The "crypt" command and associated documentation are not
included in UNIX System V, Release 2.0 Version 1,
International Edition.
4. Sublicensing (under a Sublicensing Agreement)
A SUBLICENSED PRODUCT based on UNIX System V, Release 2.0 Version 1
or UNIX System V, Release 2.0 Version 1, International Edition, may
include:
(a) Copies of the documents listed in Section 2 of this schedule.
(b) COMPUTER PROGRAMS in object-code format. All COMPUTER
PROGRAMS may be treated as object-code except for files and
subdirectories under directory /usr/src.
Also, the following files in the /usr/src/cmd/spell directory
American hash make
British list
extra htempl
list local
hash check
NOTE: Run-time Libraries
Routines from the following run-time libraries may be included
in customer-developed application software without payment of
a sublicensing fee to AT&T.
Standard C Library /lib/libc.a
Math Library /lib/libm.a
Object File Access Library /lib/libld.a
Fortran Library /usr/lib/libF77.a
5. Other Software
The products listed below may be used in the United States on
DESIGNATED CPUs for UNIX System V, Release 2.0 Version 1 and
sublicensed for use in the United States as if they were that
product. The products may be used outside the United States on
DESIGNATED CPUs for UNIX System V, Release 2.0 Version 1,
International Edition and sublicensed for use outside the United
States as if they were that product. Only those products marked
with a pound symbol (#) may be shipped outside the United States by
AT&T. Versions of such products, except those marked with an
asterisk (*), are available from AT&T for various types of CPUs at
$400 per copy.
UNIX System V, Release 2.0 Version 1
#UNIX System V, Release 1.0, International Edition
#UNIX System V, Release 2.0 Version 1, International Edition
UNIX System V, Release 1.0
UNIX System V, Release 1.1
UNIX System III
UNIX 32V Time-Sharing System, Version 1.0
UNIX Time-Sharing System, Seventh Edition
*UNIX Time-Sharing System, Sixth Edition
UNIX Programmer's Workbench System, Edition 1.0
*UNIX Mini Time-Sharing System, Version 6
6. Time Sharing
UNIX System V, Release 2.0 Version 1 or UNIX System V, Release 2.0
Version 1, International Edition, may be used on a DESIGNATED CPU
for such SOFTWARE PRODUCT to furnish a time-sharing service to
third parties. A SUBLICENSED PRODUCT based on UNIX System V,
Release 2.0 Version 1 or UNIX System V, Release 2.0 Version 1,
International Edition, may also be used to furnish a time-sharing
service to third parties.
Agreement Number SOFT-00015
Supplement Number 2
AT&T TECHNOLOGIES, INC.
SOFTWARE AGREEMENT SUPPLEMENT
The CPU(s) listed below are hereby made DESIGNATED CPUs for the following
SOFTWARE PRODUCT: UNIX* Documenter's Workbench** Software--
subject to the referenced Agreement.
[X]
|
A Schedule for such SOFTWARE PRODUCT is attached to this
Supplement.
|
[ ]
|
A Schedule for such SOFTWARE PRODUCT was attached to
Supplement No. ________________________.
|
DESIGNATED CPUs
Location
|
Type
|
Serial No.
|
Source or
Object
|
Fee
|
All CPUs that are SOURCE CPUs under the prior January 1, 1982 Software
Agreement, as Modified, Between Our Companies Relating to UNIX System V,
Release 2.0 and other UNIX Operating Systems, for which agreement this
agreement has been substituted. All fees for such CPUs have been paid
pursuant to such prior agreement.
[X]
|
This Supplement is attached to and made a part of the referenced
Agreement. Execution and acceptance of such Agreement also
constitutes execution and acceptance of this Supplement.
|
[ ]
|
Execution and acceptance of this Supplement follow.
|
|
Accepted by:
|
____________________________
By__________________________
(Signature)
(Date)
____________________________
(Type or print name)
____________________________
(Title)
|
AT&T TECHNOLOGIES, INC.
By__________________________
(Signature)
(Date)
____________________________
(Type or print name)
____________________________
(Title)
|
*UNIX is a trademark of AT&T Bell Laboratories.
**Documenter's Workbench is a trademark of AT&T Technologies.
Schedule for
UNIX* Documenter's Workbench** Software
April 1, 1984
1. Fees
(a) Right-to-use fees
(i) First CPU $ 4,000
(ii) Each additional CPU $ 2,000
(b) Sublicensing fees (applicable only to
SUBLICENSED PRODUCT under a Sublicensing
Agreement)
(i) Initial $ 3,000
(ii) Per-Copy
1-2 user system $ 10
1-8 user system $ 15
1-16 user system $ 30
1-32 user system $ 45
1-64 user system $ 125
> 64 user system $ 250
(See Notes 1 and 2)
(c) Fees in this schedule are subject to
change without notice.
Notes:
1. "User" means a terminal for entry of information and
display or printing of information, such terminal being
serviced on a time-sharing basis by an end-user CPU
running a SUBLICENSED PRODUCT based on Documenter's
Workbench Software. An end-user must not be given the
ability to increase the number of users supported by a
SUBLICENSED PRODUCT.
-----------------------
* UNIX is a trademark of AT&T Bell Laboratories
** Documenter's Workbench is a trademark of AT&T Technologies.
2. The number of users supported by a SUBLICENSED PRODUCT
may be increased from a lower number to a higher number
on payment of the difference between the fee stated for
the lower number and the fee stated for the higher
number.
2. Documentation Furnished
(a) Printed Documentation
- UNIX Documenter's Workbench Software System
Release Description 1.0
- UNIX Documenter's Workbench Software Introduction
and Reference Manual
- UNIX Documenter's Workbench Text Formatters
Reference
- UNIX Documenter's Workbench Software Macro Packages
Reference
- UNIX Documenter's Workbench Software Preprocessors
Reference
- UNIX Documenter's Workbench Software MM Quick Reference
- UNIX Documenter's Workbench Software Text Processing
Quick Reference
(b) On-Line Documentation
- UNIX Documenter's Workbench Software Introduction and
Reference Manual
- UNIX Documenter's Workbench Software Text Formatters
Reference
- UNIX Documenter's Workbench Software Macro Packages
Reference
- UNIX Documenter's Workbench Software Preprocessors
Reference
Note: The printed documentation listed in 2(a) is general in
nature and not intended to completely describe the COMPUTER
PROGRAMS listed in Section 3; nor are all COMPUTER PROGRAMS
described in such documentation necessarily included in the
SOFTWARE PRODUCT.
3. Computer Programs Furnished
The on-line documentation listed in section 2(b) and the COMPUTER
PROGRAMS listed in Section 3 will be supplied on one reel of nine
track, 1600 BPI magnetic tape (or on one reel of nine track, 800
BPI magnetic tape for PDP*** 11/70 only).
--------------
***PDP is a trademark of Digital Equipment Corporation.
All text and programs included in the following directories and
subdirectories and associated files:
catman/u_man
catman/a_man
catman/p_man
src/cmd/text
4. Sublicensing (under a Sublicensing Agreement)
A SUBLICENSED PRODUCT may include:
(a) Copies of the documents listed in Section 2 of this schedule.
(b) COMPUTER PROGRAMS referenced in Section 3 of this schedule in
object-code format only.
Agreement Number SOFT-00015
Supplement Number 3
AT&T TECHNOLOGIES, INC.
SOFTWARE AGREEMENT SUPPLEMENT
The CPU(s) listed below are hereby made DESIGNATED CPUs for the following
SOFTWARE PRODUCT: 370 DEVELOPMENT SYSTEM V-----------------
subject to the referenced Agreement.
[X]
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A Schedule for such SOFTWARE PRODUCT is attached to this
Supplement.
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[ ]
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A Schedule for such SOFTWARE PRODUCT was attached to
Supplement No. ________________________.
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DESIGNATED CPUs
Location
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Type
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Serial No.
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Source or
Object
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Fee
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INTERNATIONAL BUSINESS
MACHINES CORPORATION
220 Las Colinas Boulevard
Irving, Texas 75062
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IBM 4331-11
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14439
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SOURCE
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$16,000
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{Note from transcriber: the figure in the "Fee" column was originally
$40,000. That figure was scratched out by hand and replaced by the
$16,000 figure, with initials in the margin. The initials may be
"SFY". They are not very legible, and don't appear to
correspond to either of the signatures on the first page.
The serial number appears to have been scratched out and replaced as
well, but the replacement is not legible.}
[X]
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This Supplement is attached to and made a part of the referenced
Agreement. Execution and acceptance of such Agreement also
constitutes execution and acceptance of this Supplement.
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[ ]
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Execution and acceptance of this Supplement follow.
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Accepted by:
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____________________________
By__________________________
(Signature)
(Date)
____________________________
(Type or print name)
____________________________
(Title)
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AT&T TECHNOLOGIES, INC.
By__________________________
(Signature)
(Date)
____________________________
(Type or print name)
____________________________
(Title)
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Schedule for
370 DEVELOPMENT SYSTEM V
1. Fees
(a) Right-to-use fees
(i) First DESIGNATED CPU $43,000
(ii) Each additional DESIGNATED CPU $16,000
(iii) Each of third and subsequent DESIGNATED CPUs
after initial sublicensing fee has been paid
1-32 user system $ 1,000
1-64 user system $ 3,500
>65 user system $ 7,000
(See Notes 1 and 2)
(b) Sublicensing fees (applicable only to
SUBLICENSED PRODUCTS under a Sublicensing
Agreement)
(i) Initial $25,000
(ii) Per-Copy
1-2 user system $ 60
1-8 user system $ 125
1-16 user system $ 500
1-32 user system $ 1,000
1-64 user system $ 3,500
>64 user system $ 7,000
(See Notes 1 and 2)
Notes:
1. "User" means a terminal for entry of information and display
or printing of information, such terminal being serviced on a
time-sharing basis by a DESIGNATED CPU running 370 Development
System V or an end-user CPU running a SUBLICENSED PRODUCT
based on 370 Development System V. An end-user must not be
given the ability to increase the number of users supported
by a SUBLICENSED PRODUCT.
2. The number of users supported on a DESIGNATED CPU paid for under
Paragraph 1(a) (iii) or supported by a SUBLICENSED PRODUCT may
be increased from a lower number to a higher number on payment
of the difference between the fee stated for the lower number
and the fee stated for the higher number.
*UNIX is a trademark of AT&T Bell Laboratories.
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Authored by: arch_dude on Saturday, December 20 2003 @ 11:15 PM EST |
Thanks, Scott.
This is the single most important contract in this case, with the exception of
SOFT-000321, and the PDF is really rotten, so this transcription is very
valuable.
A minor point on the transcription: page one clearly started as a printed
contract with certain portions filled in with a typewriter. If would be very
helpful if the typed-in portions were in a different font.
I'm almost certain that SOFT-00321 started from the same printed contract, and
that it is identical to SOFT-00015 in all respects except for the typewritten
information on page one. Therefore, you can create a transcript of SOFT-000321
from the SOFT-00015 transcript by copying and making a few changes to page one.
[ Reply to This | # ]
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Authored by: arch_dude on Saturday, December 20 2003 @ 11:35 PM EST |
GROKLAW does an outstanding job of reportng the news. It is clearly the best
site on the internet for following the SCO case on a daily basis.
However, the structure of the web site does not lend itself to ongoing analyses
of particuar issues. We need a way to maintain ongoing comment threads based on
key points in the case as opposed to comments on news.
In particular, the SCO vs. IBM case has reduced to two principal SCO arguments.
One is based on SOFT-000321, para 2 (the expansive interpretation of derived
works) and the other is based on misappropriation of trade secrets during the
Monterrey project. Many Groklaw regulars have done quite a bit of analysis on
the first and somewhat less on the second, but these analyses are buried in
comments in old articles.
So, is there a way to add a set of fixed threads, or some other structure, to
the Groklaw site? [ Reply to This | # ]
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Authored by: Anonymous on Friday, December 26 2003 @ 03:32 PM EST |
If information relating to a SOFTWARE PRODUCT subject to this
Agreement at
any time becomes available without restriction to the
general public by acts
not attributable to LICENSEE or its employees,
LICENSEE'S obligations under
this section shall not apply to such
information after such
time.
I'm not a lawyer, a paralegal, a coder, or even particularly
bright, but do
these lines look like the most important for helping
IBM's case?
Looking at how many things have been published about the old UNIX,
how many methods and coding examples have been used worldwide for
years, there
seems to be a great deal of information relating to the
software in question
that HAS become available to the general public.[ Reply to This | # ]
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Authored by: Anonymous on Friday, December 26 2003 @ 06:19 PM EST |
from http://www.theinquirer.net/?article=13335
Summery:
Novell claims ownership of Unix System V, and SCO also.
SCO threatened to send DMCA warning letters to 1,000 companies that SCO believes
are using Linux.In such an event, SCO executives might be the ones facing civil
lawsuits and possibly even criminal prosecutions under the provisions of the
DMCA
sections of the DMCA, which is otherwise known as "Title 17, United States
Code, Chapter 12":
"§ 1202. Integrity of copyright management information
(a) FALSE COPYRIGHT MANAGEMENT INFORMATION.--No person shall knowingly and with
the intent to induce, enable, facilitate, or conceal infringement-- (1) provide
copyright management information that is false,...."
and
"§ 1204. Criminal offenses and penalties
(a) IN GENERAL.--Any person who violates section 1201 or 1202 willfully and for
purposes of commercial advantage or private financial gain-- (1) shall be fined
not more than $500,000 or imprisoned for not more than 5 years, or both, for the
first offense;...."
Would Darl know about this??
greetz
Patrick[ Reply to This | # ]
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Authored by: Anonymous on Saturday, December 27 2003 @ 02:09 AM EST |
NOTE: Run-time Libraries
Routines from the following run-time
libraries may be included in customer-developed application software without
payment of a sublicensing fee to AT&T.
Standard C Library
/lib/libc.a
Math Library
/lib/libm.a
Object File Access Library /lib/libld.a
Fortran Library
/usr/lib/libF77.a
The header files SCO identified as
"infringing" earlier this week are related to these run-time libraries. In
particular, /lib/libc.a probably uses all the header files pertinent to a target
CPU platform. How does the waiver of license fees for these binary libraries
relate to SCOs ability to claim royalties from reverse-engineered derivatives?
(assume for now that SCO can somehow establish ownership and authorship of the
disputed work.)
I can find nothing concerning "reverse engineering" in these
documents. Absent such restrictions, permissible reverse engineering ("fair
use") under copyright laws in effect at the time should be applicable.
This would allow creation of third-party unix documentation for the binary
interface protocols, and programmers could use that documentation or permissible
reverse-engineering methods to create compatible software.
Linux use of the
interface protocols in the files identified by SCO clearly predates IBM's
involvement. It seems to me that SCO has no case against IBM in this area
because of that time-line, nor against anybody else because those binary APIs
were permitted to be distributed without royalty payments, and reverse
engineering of those protocols is allowed (pre-DCMA).
ianal, nor a
paralegal, nor a professional rammer of progs. [ Reply to This | # ]
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Authored by: belzecue on Saturday, December 27 2003 @ 08:45 AM EST |
Settlement Date | Short Interest | Avg Daily Share Volume | Days to Cover
Dec. 15, 2003 | 2,057,561 | 264,365 | 7.78
Nov. 14, 2003 | 1,616,098 | 345,608 | 4.68
Oct. 15, 2003 | 925,518 | 376,803 | 2.46
Sep. 15, 2003 | 894,777 | 327,845 | 2.73
Aug. 15, 2003 | 458,520 | 267,924 | 1.71
Jul. 15, 2003 | 391,346 | 204,006 | 1.92
Jun. 13, 2003 | 276,810 | 686,127 | 1.00
May. 15, 2003 | 33,397 | 54,870 | 1.00
Apr. 15, 2003 | 37,437 | 55,726 | 1.00
Mar. 14, 2003 | 84,150 | 114,525 | 1.00
Feb. 14, 2003 | 35,651 | 17,187 | 2.07
Jan. 15, 2003 | 35,966 | 14,710 | 2.45 [ Reply to This | # ]
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Authored by: brenda banks on Saturday, December 27 2003 @ 09:34 PM EST |
Thank you Scott McKellar for all this hard work
it sure is easier on my eyes
---
br3n[ Reply to This | # ]
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