Subject: How to get a Mach license Author: Mary R. Thompson Date: Oct 1994 -------------------------------------------- A Mach 3.0 license is required in order to get the complete BSD 4.3 compatible Mach 2.5/3.0 release. This is a rather obsolete system dating from 1992 which is only available for i386/486 platforms and supports the Tahoe level release of BSD 4.3. CMU does not charge for this license, but with the cessation of Mach Project support, it may take quite a long time to process the paper work. Before you can get a Mach license, you must have a Fourth Berkeley Software Distribution (4.3BSD) license. That license in turn requires that you have a Unix source license. Information about the BSD license can be obtained from . These licenses were reaonably priced for educational institutions but not for individuals or small companies. If your institution already has a 4.3BSD and you have a lot of patience, you may contact mach-coordinator@cs.cmu.edu and ask for two signed copies of the Mach license to be mailed to you. Please include the official name of the University/Company to which the license is to be issued and a mail address to which it can be sent. We cannot e-mail or FAX licenses because they must have "real" signatures on them. A sample of a Mach license is included if you wish to check if your company would be willing to sign it. --------------------- SAMPLE LICENSE --------------------------- date address Carnegie Mellon University (hereafter referred to as "LICENSOR"), a non-profit Pennsylvania Corporation located at 5000 Forbes Avenue; Pittsburgh, Pennsylvania, 15213 agrees to provide to Licensee's corporate name hereinafter referred to as "LICENSEE", the following software: CMU Mach Software Release 3.0 hereinafter referred to as "CMU-MACH". The LICENSOR hereby grants a nontransferable, royalty-free and nonexclusive worldwide license to LICENSEE to: (i)install and use CMU-MACH on or in connection with any computer system operated by the LICENSEE; (ii)manufacture, copy, market, distribute and sell CMU-MACH and any applications, modifications and derivations thereof;(iii)republish and distribute user manuals and written documentation;(iv)sublicense for use only source code and binary code to other parties; and (v)modify or merge CMU-MACH to form derivative works (this includes both source code and object code). LICENSOR certifies to the best of its abilities that it has full power and right to license and distribute CMU-MACH. The LICENSEE acquires no ownership right, title, or interest in the CMU-MACH materials provided by LICENSOR or any copyrights for CMU-MACH and documentation through this license. This license is subject to LICENSEE's agreement to the following terms and conditions: 1. The restrictions specified in this license also apply to sublicenses and any and all modified and derivative works. 2. If the LICENSEE develops any enhancements to the software which materially improves its operation and if those enhancements are redistributed to others, LICENSEE agrees to make such enhancements available to LICENSOR without charge and to allow LICENSOR to redistribute such modifications and derivative works thereof to others. LICENSOR agrees to withhold source redistribution of LICENSEE's machine dependent software enhancements for a period of eighteen months at the written request of the LICENSEE. 3. LICENSEE agrees that any information, materials or services furnished by LICENSOR under this agreement are provided on an "as is" basis. LICENSOR MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED AS TO ANY MATTER INCLUDING BUT NOT LIMITED TO, WARRANTY OF FITNESS OF PURPOSE, OR MERCHANTABILITY, OR RESULTS OBTAINED FROM LICENSEE'S USE OF CMU-MACH. NEITHER PARTY HERETO NOR ANY SUPPLIER OF CMU-MACH SOFTWARE SHALL BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR INABILITY TO USE CMU-MACH OR ANY APPLICATIONS OR DERIVATIONS THEREOF. 4. LICENSEE indemnifies and saves LICENSOR harmless against all liability and attorney fees and costs in defending against third party claims or threats of claims against LICENSOR arising out of the LICENSEE's use, sale, license or sublicense of CMU-MACH. 5. LICENSEE shall reproduce and include the copyright notice of LICENSOR and all suppliers of LICENSOR whose copyright notices are contained within CMU-MACH, on all copies of CMU-MACH and applications and derivations thereof. 6. The LICENSEE agrees to acknowledge LICENSOR in appropriate citations appearing in scholarly literature when reference is made to the software provided above. 7. The LICENSEE shall not use the name of LICENSOR or its employees in any advertisement, press release or publicity with reference to CMU-MACH without prior written consent of LICENSOR, which consent may be withheld in absolute and unfettered discretion of LICENSOR. 8. As regards this Agreement, the LICENSEE agrees to be bound by the laws of the Commonwealth of Pennsylvania. Any dispute or claim arising out of or relating to this Agreement will be settled by arbitration in Pittsburgh, Pennsylvania in accordance with the Rules of the American Arbitration Association and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. 9. LICENSEE agrees to comply, and do all things necessary to comply with the Regulations of the United States Department of Commerce relating to the Export of Technical Data, insofar as they relate to CMU-MACH, and to obtain the required government documents and approvals prior to the export of any technical data disclosed or the direct product related thereto. As a concurrence with terms and conditions set forth above, please have an official of your company sign and date the enclosed copies of this letter. Return one copy to the undersigned and keep the other for your records. Additionally, please include a photocopy of the signature page from your current Berkeley 4.3bsd license. If you are requesting versions of the software for specific hardware other than the generic VAX version or the RT PC version (e.g., MicroVAX, SUN-3), please include as well a photocopy of the signature page for your license for that manufacturer's version of UNIX (if applicable). Sincerely, Howard D. Wactlar Vice Provost for Research Computing Carnegie Mellon University _______________________________________ READ AND APPROVED ________________________________________ Recipient Organization ________________________________________ Signature Signer represents and warrants to CMU that s/he has authority to bind the LICENSEE to this agreement. ________________________________________ Name - Printed or Typed ________________________________________ Title ________________________________________ Date