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agreement.txt
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agreement.txt
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The following license agreement (beginning below the dashed line) was
drafted by Franz, Inc., makers of Allegro Common Lisp (R), the Lisp
system upon which Apex is built. The agreement has been included
verbatim in its entirety below. Franz requires users of Apex to accept
this agreement, which pertains primarily to the use of the Franz
components of the Apex software.
U.S. Government users of Apex, please especially note item (8) and take
this document as an expression of the conditions mentioned.
-------------------------------------------------------------------------
End-User Restrictions
All End-User licenses of Apex with an Allegro CL Runtime or Allegro CL
Dynamic Runtime version incorporated therein (Allegro CL Runtime and
Allegro CL Dynamic Runtime versions are defined in Franz's Allegro CL
documentation and together are referred to as "Franz Programs" herein)
shall include provisions that:
(1) the End-User is granted a nontransferable, nonexclusive license to
use the Franz Programs only on a CPU(s) and OS type on which Apex will
be used exclusively (the "Defined System"). The End-User may not use
the Program(s) in a network or multi-user system in which more than one
user uses or has access to the program at any one time.
(2) Franz retains all title to the Franz Programs, and all copies
thereof; and no title to the Franz Programs, or any intellectual
property in the Franz Programs, is transferred to such End-User;
(3) the End-User may not copy the Franz Programs, except for one (1)
copy of the Franz Programs for backup or archival purposes only and only
as necessary to use the Franz Programs on the Defined System, and that
all such copies shall contain all copyright and other proprietary
notices or legends on the Franz Programs delivered to the End-User;
(4) the End-User agrees not to reverse assemble, decompile, or otherwise
attempt to derive source code from the Franz Programs;
(5) the End-User agrees to comply with all export and re-export
restrictions and regulations of the Department of Commerce or other
United States agency or authority, and not to transfer, or authorize the
transfer, of any Franz Programs to a prohibited country or otherwise in
violation of any such restrictions or regulations;
(6) Franz shall not be liable to the End-User for any general, special,
direct, indirect, consequential, incidental, or other damages arising
out of the Sublicense of the Franz Programs;
(7) upon termination of the license, the End-User shall delete or return
all copies of the Franz Programs to NASA or the applicable licensor, and
(8) each End-User License that NASA , (or a distributor or other
intermediary in NASA's chain of distribution) grants to the United
States government or an agency thereof must be subject to a written
agreement that includes a provision that is substantially identical to
the following:
"NASA hereby acknowledges that Apex and its related documentation are
'commercial computer software' provided in accordance with FAR 12.212
and DFARS 227.7202 and are, therefore, subject to Contractor's standard
licensing terms therefor."
NASA agrees that it will not remove or permit to be removed the
following legend, which is printed on the Franz Programs and
documentation:
"RESTRICTED RIGHTS LEGEND Use, duplication, reproduction, and transfer
of this commercial product and accompanying documentation are restricted
in accordance with FAR 12.212 and DFARS 227.7202 and by a license
agreement. Contact (name of contact person and address of company)."
All end-user licenses of Apex shall include provisions that protect and
restrict use of Franz Programs, in the same fashion as NASA's
Development license for Allegro CL and each such end-user license shall
also provide that neither Franz (which may be referred to as NASA's
supplier or licensor), nor any supplier or licensor of Franz, shall be
liable to the end-user for any general, special, direct, indirect,
consequential, incidental, or other damages arising out of the license
of Apex.
With respect to Apex and documentation that are licensed to U.S.
government agencies, Licensee will place this Restricted Rights Legend,
in addition to the applicable copyright notices, on the labels for media
containing software and on the copyright page of the documentation.
With respect to the foregoing (1)-(8), Franz may be referred to as
NASA's supplier or licensor.