From mboxrd@z Thu Jan 1 00:00:00 1970 From: drwho8@worldnet.att.net (Gregg C Levine) Date: Thu, 19 Jun 2003 20:57:52 -0400 Subject: [TUHS] SCO removed the anchient UNIX offer web page References: <20030619233539.97540.qmail@web10003.mail.yahoo.com> Message-ID: <001701c336c6$fb277f00$239efea9@who5> Hello from Gregg C Levine It seems that the archive is still available under their mismanaged FTP server. Since I already agreed to that oddball license, I am now downloading them from the FTP site. Warren, the HTML pages make a reference to an older webpage on the TUHS webservers, is a CD still available? Or are they making that up? Gregg C Levine drwho8 at worldnet.att.net "Oh my!" The Second Doctor's nearly favorite phrase. ----- Original Message ----- From: "Kenneth Stailey" To: "Kenneth Stailey" ; Sent: Thursday, June 19, 2003 7:35 PM Subject: Re: [TUHS] SCO removed the anchient UNIX offer web page > http://public.planetmirror.com/pub/ancient-unix/ > > > > > 20th Jun 2003 > > > home | news | register | members | privacy policy | faqs | about | contact > > > Not Logged In > Directory Listing > > > > SCO Ancient Unix > Software License Agreement > > THE SANTA CRUZ OPERATION, INC. ("SCO") HEREBY GRANTS TO YOU THE SPECIAL > SOFTWARE LICENSE AGREEMENT STATED BELOW ONLY FOR THE PURPOSES STATED IN THIS > SPECIAL SOFTWARE LICENSE AGREEMENT. BY DOWNLOADING, INSTALLING, OR USING THE > ANCIENT UNIX SOURCE CODE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SPECIAL > SOFTWARE LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. > > THE SANTA CRUZ OPERATION, INC. SPECIAL SOFTWARE LICENSE AGREEMENT FOR ANCIENT > UNIX SOURCE CODE (AGREEMENT) > > A. THE SANTA CRUZ OPERATION, INC., a California corporation (SCO), having an > office at 400 Encinal Street, Santa Cruz, California 95061-1900 and you as > LICENSEE, agree that, as of the Effective Date hereof, as defined in Section > 7.1, the terms and conditions set forth in this AGREEMENT shall apply to use by > LICENSEE of SOURCE CODE PRODUCTS subject to this AGREEMENT. > > B. SCO makes certain licensing rights for SOURCE CODE PRODUCTS available under > this AGREEMENT, including rights to make and use DERIVED BINARY PRODUCTS. Such > SOURCE CODE PRODUCT is identified in Section 3 of this AGREEMENT . > > C. This AGREEMENT sets forth the entire agreement and understanding between the > parties as to the subject matter hereof and merges 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 SCO. > > D. The AUTHORIZED COUNTRY for this AGREEMENT shall be any countries not > excluded by Section 5.2 > > I. DEFINITIONS > > 1.1 AUTHORIZED COUNTRY means one or more countries specified above. > > 1.2 CPU means a computer having one or more processing units and a single > global memory space. > > 1.3 COMPUTER PROGRAM means any instruction or instructions for controlling the > operation of a CPU. > > 1.4 DERIVED BINARY PRODUCT means COMPUTER PROGRAMS in OBJECT CODE format based > on a SOURCE CODE PRODUCT. > > 1.5 DESIGNATED CPU means all CPUs licensed as such for a specific SOURCE CODE > PRODUCT. > > 1.6 OBJECT CODE means a COMPUTER PROGRAM in binary form, resulting from the > compilation of SOURCE CODE by computer or compiler into machine executable code > and which is in a form of computer programs not convenient to human > understanding of the program logic, but which is appropriate for execution or > interpretation by computer. > > 1.7 SOURCE CODE means COMPUTER PROGRAMS written in certain programming > languages in electronic media form and in a form convenient for reading and > review by a trained individual, such > as a printed or written listing of programs, containing specific algorithms, > instructions, plans, routines and the like, for controlling the operation of a > computer system, but which is not in a form that would be suitable for > execution directly on computer hardware. > > 1.8 SOURCE CODE PRODUCT means a SCO software offering, primarily in SOURCE CODE > form. Such offering may also include OBJECT CODE components. > > 1.9 SUCCESSOR OPERATING SYSTEM means a SCO software offering that is (i) > specifically designed for a 16-Bit computer, or (ii) the 32V version, and (iii) > specifically excludes UNIX System V and > successor operating systems. > > 2. GRANT OF RIGHTS > > 2.1 (a) SCO grants to LICENSEE a personal, nontransferable and nonexclusive > right to use, in the AUTHORIZED COUNTRY, each SOURCE CODE PRODUCT identified in > Section 3 of this AGREEMENT, solely for personal use (as restricted in Section > 2.1(b)) and solely on or in conjunction with DESIGNATED CPUs, and/or Networks > of CPUs, licensed by LICENSEE through this SPECIAL SOFTWARE LICENSE AGREEMENT > for such SOURCE CODE PRODUCT. Such right to use > includes the right to modify such SOURCE CODE PRODUCT and to prepare DERIVED > BINARY PRODUCT based on such SOURCE CODE PRODUCT, provided that any such > modification or DERIVED BINARY PRODUCT that contains any part of a SOURCE CODE > PRODUCT subject to this > AGREEMENT is treated hereunder the same as such SOURCE CODE PRODUCT. SCO claims > no ownership interest in any portion of such a modification or DERIVED BINARY > PRODUCT that is not part of a SOURCE CODE PRODUCT. > > (b) Personal use is limited to noncommercial uses. Any such use made in > connection with the development of enhancements or modifications to SOURCE CODE > PRODUCTS is permitted only if (i) neither the results of such use nor any > enhancement or modification so developed is intended primarily for the benefit > of a third party and (ii) any copy of any such result, enhancement or > modification, furnished by LICENSEE to a third party holder of an equivalent > Software License with SCO where permitted by Section 8.4(b) below, is furnished > for no more than the cost of reproduction and shipping. Any such copy that > includes any portion of a SOURCE CODE PRODUCT shall be subject tothe provisions > of such Section 8.4. > > (c) LICENSEE may produce printed and on-line copies of documentation included > with the SOURCE CODE PRODUCT as necessary for use with the DESIGNATED CPUs. All > copies must include a legally sufficient copyright notice and a statement that > the documents include a portion or all of SCO's copyrighted documentation, > which is being reproduced with permission. > > (d) Commercial use by LICENSEE of SOURCE CODE PRODUCTS or of any result, > enhancement or modification associated with the use of SOURCE CODE PRODUCTS > under this AGREEMENT is not permitted. Such commercial use is permissible only > pursuant to the terms of an appropriate commercial software agreement between > SCO or a corporate affiliate thereof and LICENSEE. For purposes of this > AGREEMENT, commercial use includes, but is not limited to, furnishing copies to > third parties in a manner not permitted by Section 8.4(b). > > (e) SCO also grants LICENSEE a personal, nontransferable and nonexclusive right > to make copies of DERIVED BINARY PRODUCTS and, subject to U. S. Government > export requirements and to Section 8.4(b), to furnish such copies directly to > other LICENSEES who have an equivalent Software License with SCO before or at > the time of furnishing each copy of a DERIVED BINARY PRODUCT. > > 2.2 (a) Any notice acknowledging a contribution of a third party appearing in a > SOURCE CODE PRODUCT shall be included in corresponding portions of DERIVED > BINARY PRODUCTS made by LICENSEE. > > (b) Each portion of a DERIVED BINARY PRODUCT shall include an appropriate > copyright notice. Such copyright notice may be the copyright notice or notices > appearing in or on the corresponding portions of the SOURCE CODE PRODUCT on > which such DERIVED BINARY PRODUCT is based or, if copyrightable changes are > made in developing such DERIVED BINARY PRODUCT, a copyright notice > identifying the owner of such changes. > > 2.3 No right is granted hereunder to use any trademark of SCO (or a corporate > affiliate thereof). However, LICENSEE must state in packaging, labeling or > otherwise that a DERIVED BINARY PRODUCT is derived from SCO's software under > license from SCO and identify such software (including any trademark, provided > the proprietor of the trademark is appropriately identified). LICENSEE agrees > not to use a name or trademark for a DERIVED BINARY PRODUCT that is confusingly > similar to a name or trademark used by SCO (or a corporate affiliate thereof). > > 2.4 A single back-up CPU may be used as a substitute for the DESIGNATED CPU > without notice to SCO during any time when such DESIGNATED CPU is inoperative > because it is malfunctioning or undergoing repair, maintenance or other > modification. > > 3. LICENSED SOURCE CODE PRODUCTS > > The SOURCE CODE PRODUCTS to which SCO grants rights under this AGREEMENT are > restricted to the following UNIX Operating Systems, including SUCCESSOR > OPERATING SYSTEMs, that operate on the 16-Bit PDP-11 CPU and early versions of > the 32-Bit UNIX Operating System with specific exclusion of UNIX System V and > successor operating systems: > > 16-Bit UNIX Editions 1, 2, 3, 4, 5, 6, 7 32-bit 32V > > 4. DELIVERY > > SCO makes no guarantees or commitments that any SOURCE CODE PRODUCT is > available from SCO. If available, and upon acceptance by LICENSEE of the terms > of this AGREEMENT, SCO will provide LICENSEE one (1) copy of such SOURCE CODE > PRODUCT via its FTP site established for such purpose. > > 5. EXPORT > > 5.1 LICENSEE agrees that it will not, without the prior written consent of SCO, > export, directly or indirectly, SOURCE CODE PRODUCTS covered by this AGREEMENT > to any country outside of the AUTHORIZED COUNTRY. > > 5.2 LICENSEE acknowledges that the SOURCE CODE PRODUCTS, the media, and any > immediate product (including processes) produced directly by the use of any > such SOURCE CODE PRODUCTS are subject to export controls under the U.S. Export > Administration Regulations and the export regulations of other countries. > LICENSEE may not export or re-export, directly or indirectly, the SOURCE CODE > PRODUCTS, the media, any related technical information or materials covered by > this AGREEMENT, or any immediate product (including processes) produced > directly by the use of any such SOURCE CODE PRODUCTS to any country that is in > violation of U.S. Export Administration Regulations and/or the export > regulations of other countries unless an appropriate authorization from the > U.S. Commerce Department and any other relevant government authority has been > obtained. > > 5.3 LICENSEE agrees that its obligations under Sections 5.1 and 5.2 shall > survive and continue after any termination of rights under this AGREEMENT. > > 6. FEES AND TAXES > > 6.1 The rights granted to LICENSEE for use of the SOURCE CODE PRODUCTS > identified in Section 3 above are granted to LICENSEE at no charge. > > 6.2 LICENSEE shall pay all taxes (and any related interest or penalty), however > designated, imposed as a result of the existence or operation of this > AGREEMENT, except (i) any tax imposed upon SCO (or a corporate affiliate > thereof) in the jurisdiction in which LICENSEE is located if such tax is > allowable as a credit against United States income taxes of SCO (or such an > affiliate) and (ii) any income tax imposed upon SCO (or such an affiliate) by > the United States or any governmental entity within the United States proper > (the fifty (50) states and the District of Columbia). To assist in obtaining > the credit identified in (i) of this Section 6.2, LICENSEE shall furnish SCO > with such evidence as may be required by United States taxing authorities to > establish that any such tax has been paid. If SCO is required to collect a tax > to be paid by LICENSEE, LICENSEE shall pay such tax to SCO on demand. > > 7. TERM > > 7.1 This AGREEMENT shall become effective on and as of the date of acceptance > of the terms of this AGREEMENT. The initial term of this AGREEMENT shall be for > one (1) year. Thereafter, the AGREEMENT will automatically renew for successive > one (1) year terms unless either party gives the other, no later than ninety > (90) days before the end of the initial term, or then current extension, > written notice of its intent to terminate this AGREEMENT. Nothing in this > AGREEMENT shall be construed to require either party to extend this AGREEMENT > beyond the initial term or any subsequent term. > > 7.2 LICENSEE may terminate its rights under this AGREEMENT by written notice to > SCO certifying that LICENSEE has discontinued use of and returned or destroyed, > at SCO's option, all copies of SOURCE CODE PRODUCTS subject to this AGREEMENT. > > 7.3 If LICENSEE fails to fulfill one or more of its obligations under this > AGREEMENT, SCO may, upon its election and in addition to any other remedies it > might have, at any time terminate all the rights granted by it hereunder to > LICENSEE. Upon such termination LICENSEE shall immediately discontinue use of > and return or destroy, at SCO's option, all copies of SOURCE CODE PRODUCTS in > its possession. > > 7.4 In the event of termination of LICENSEE's rights under Sections 7.2 or 7.3, > (i) all fees that LICENSEE has become obligated to pay shall become immediately > due and payable and (ii) SCO shall have no obligation to refund any amounts > paid to it hereunder. > > 8. MISCELLANEOUS PROVISIONS > > 8.1 This AGREEMENT shall prevail notwithstanding any conflicting terms or > legends which may appear in a SOURCE CODE PRODUCT. > > 8.2 SCO warrants that it is empowered to grant the rights granted herein. SCO > and other developers make no other representations or warranties, expressly or > impliedly. By way of example but not of limitation, SCO and other developers > make no representations or warranties of merchantability or fitness for any > particular purpose, or that the use of any SOURCE CODE PRODUCT will not > infringe any patent, copyright or trademark. SCO and other developers 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 SOURCE CODE PRODUCT. > > 8.3 Neither the execution of this AGREEMENT nor anything in any SOURCE CODE > PRODUCT shall be construed as an obligation upon SCO or any other developer to > furnish any person, including LICENSEE, any assistance of any kind whatsoever, > or any information or documentation. > > 8.4 (a) LICENSEE agrees that it shall hold all parts of the SOURCE CODE > PRODUCTS subject to this AGREEMENT in confidence for SCO. LICENSEE further > agrees that should it make such disclosure of any or all of such SOURCE CODE > PRODUCTS (including methods or concepts utilized therein) to anyone to whom > such disclosure is necessary to the use for which rights are granted hereunder, > LICENSEE shall appropriately notify each such person to whom any such > disclosure is made that such disclosure is made in confidence and shall be kept > in confidence and have each such person sign a confidentiality agreement > containing restrictions on disclosure substantially similar to those set forth > herein. > > If LICENSEE should become aware of a violation of SCO's intellectual property > and/or proprietary rights, LICENSEE shall promptly notify SCO and cooperate > with SCO in such enforcement. > > If information relating to a SOURCE CODE PRODUCT subject to this AGREEMENT at > any time becomes available without restriction to the general public by acts > not attributable to LICENSEE, LICENSEE's obligations under this section shall > not apply to such information after such time. > > (b) Notwithstanding the provisions of Section 8.4(a), LICENSEE may make > available copies of a SOURCE CODE PRODUCT, either in modified or unmodified > form, to third parties in the AUTHORIZED COUNTRY having Source Code Licenses of > the same scope herewith from SCO for the same SOURCE CODE PRODUCT, if and only > if (i) LICENSEE first requests verification of the status of the recipient by > contacting SCO at the address contained in Section 8.8(a) or other number > specified by SCO, and (ii) SCO gives written verification of the recipient's > software license status. LICENSEE shall maintain a record of each such SOURCE > CODE PRODUCT made available. > > 8.5 On SCO's request, but not more frequently than annually, LICENSEE shall > furnish to SCO a statement, listing the location, type and serial number of the > DESIGNATED CPU hereunder and stating that the use by LICENSEE of SOURCE CODE > PRODUCTS subject to this AGREEMENT has been reviewed and that each such SOURCE > CODE PRODUCT is being used solely on the DESIGNATED CPU (or temporarily on a > back-up CPU) for such SOURCE CODE PRODUCTS in full compliance with the > provisions of this AGREEMENT. > > 8.6 The obligations of LICENSEE under Section 8.4 shall survive and continue > after any termination of rights under this AGREEMENT. > > 8.7 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. > > 8.8 (a) Correspondence with SCO relating to this AGREEMENT shall be sent to: > > THE SANTA CRUZ OPERATION, INC. > 400 Encinal Street > Santa Cruz, California 95061-1900 > United States of America > > Attention: Law and Corporate Affairs > > 8.9 LICENSEE shall obtain all approvals from any governmental authority in the > AUTHORIZED COUNTRY required to effectuate this AGREEMENT according to its > terms, including any such approvals required for LICENSEE to make payments to > SCO pursuant to this AGREEMENT. LICENSEE shall bear all expenses associated > with obtaining such approvals. > > 8.10 The construction and performance of this AGREEMENT shall be governed by > the laws of the State of California, USA. > > > Click ACCEPT to proceed. > > [Buttons still work, in fact I just got my copy of Sys III :) ] > > > > > > > Last reviewed Mayl 2, 2000 > > > > > Login > > > > > > --- Kenneth Stailey wrote: > > http://www.sco.com/offers/ancient_unix.html > > > > http://web.archive.org/web/*/http://www.sco.com/offers/ancient_unix.html > > ------ > ------ > ------ > > > __________________________________ > Do you Yahoo!? > SBC Yahoo! DSL - Now only $29.95 per month! > http://sbc.yahoo.com > _______________________________________________ > TUHS mailing list > TUHS at minnie.tuhs.org > http://minnie.tuhs.org/mailman/listinfo/tuhs