COMPUTER HISTORY MUSEUM LICENSE AGREEMENT FOR THE KILDALL MANUSCRIPT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE KILDALL MANUSCRIPT (THE “MANUSCRIPT”). THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“AGREEMENT”) GOVERN YOUR USE OF THE MANUSCRIPT.

The Computer History Museum (the “Museum”) is willing to grant you access to the Manuscript only upon the condition that you accept all of the terms contained in this Agreement. By clicking on the “I accept” button below or by accessing, viewing, downloading, printing, or using the Manuscript, you have indicated that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then the Museum is unwilling to license the Manuscript to you.

1. Grant of License. Conditioned upon your compliance with the terms and conditions of this Agreement, the Museum grants you a non-exclusive and non-transferable license to view, download and print a single copy of the Manuscript for your individual, personal, and non-commercial purposes. The Museum and its licensors reserve all rights in the Manuscript not expressly granted to you in this Agreement.

2. Restrictions. Except as expressly specified in this Agreement, you will not publish, make available on the web or internet, transfer, publicly display, sublicense, distribute, create derivative work based on, transmit, or otherwise exploit or use the Manuscript, in whole or in part, for any purpose. You will not take any action inconsistent with the Museum’s and/or its licensors’ rights in the Manuscript, and will not use or permit others to use the Manuscript in any manner likely to jeopardize the rights of the Museum or its licensors.

3. Ownership. The Museum and its licensors retain ownership of the Manuscript and all copies thereof, including all intellectual property rights therein. The Manuscript is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, confidentiality, and other proprietary rights notices or markings or limited or restricted rights legends appearing on the Manuscript as accessed by you.

4. Term. You may terminate the license at any time by destroying all copies of the Manuscript in your possession or control. At their sole discretion, the Museum or its licensors may terminate the license at any time, with or without notice from the Museum or its licensors. The license granted under this Agreement will automatically terminate, with or without notice from the Museum or is licensors, if you breach any term of this Agreement. Upon termination, you must promptly destroy all copies of the Manuscript in your possession, custody, or control.

5. Indemnification. You shall defend, indemnify and hold harmless the Museum and its licensors from and against any damages, liabilities, costs, expenses (including reasonable attorneys’ fees), claims, demands, suits or proceedings (an “Action”) to the extent such Action (1) alleges that your modification of the Manuscript, or any portion thereof, infringes any third party copyright, trademark, or any other proprietary right, or (2) arises out of or result from your breach of this Agreement, provided that the Museum or its licensors; (a) give written notice of the Action to you; and (b) grant you control of the defense and settlement of an Action. The Museum or its licensors may opt to appoint counsel, at their own expense, to participate in the defense and settlement of an Action.

6. NO WARRANTIES. THE MANUSCRIPT IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. THE MUSEUM AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

7. Limitation of Liability. THE MUSEUM AND ITS LICENSORS’ TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $50. IN NO EVENT WILL THE MUSEUM OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE ACCESS TO THE MANUSCRIPT, UNDER ANY THEORY OF LIABILITY, , WHETHER OR NOT THE MUSEUM OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. General. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of its conflict of laws rules or principles. You may not assign or transfer this Agreement or any rights granted hereunder without the Museum’s prior written consent, and any attempt by you to do so, without such consent, will be void. The Museum may freely assign or transfer this Agree without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. The failure by the Museum or its licensors to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all understandings or communications between the parties, oral or written, regarding its subject matter.

9. Contact Information. If you have any questions regarding this Agreement, you may contact the Museum by mail at 1401 N. Shoreline Blvd., Mountain View, CA 94043, by telephone at 650.810.1010 or by email at collections@computerhistory.org.