PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THIS SOFTWARE (THE “SOFTWARE”). THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERN USE OF THE SOFTWARE.
The Computer History Museum (the “Museum”) is willing to license the Software to you 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 downloading, installing or using the Software, 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 Software 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 for a single user, solely for your individual, personal and non-commercial purposes, (a) to load and install the Software; (b) to compile, modify and create modifications or enhancements of the Software or any of its components (“Derivative Works”); and (c) to run the Software or Derivative Works on simulators or hardware. The Museum and its licensors reserve all rights in the Software not expressly granted to you in this Agreement.
2. Restrictions. Except as expressly specified in this Agreement, you may not: (a) transfer, sublicense, lease, lend, rent or otherwise distribute the Software or Derivative Works to any third party; or (b) make the functionality of the Software or Derivative Works available to multiple users through any means, including, but not limited to, by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You acknowledge and agree that portions of the Software, including, but not limited to, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Museum and its licensors.
3. Ownership. The copy of the Software is licensed, not sold. The Museum and its licensors retain ownership of the copy of the Software itself, including all intellectual property rights therein. The Software 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 Software as delivered to you.
4. Term. The license granted under this Agreement remains in effect for a period of 75 years, unless earlier terminated in accordance with this Agreement. You may terminate the license at any time by destroying all copies of the Software in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from the Museum, if you breach any term of this Agreement. Upon termination, you must, at the Museum’s option, either promptly destroy or return to the Museum all copies of the Software in your possession or control and certify in writing to the Museum that you have fully complied with the foregoing and that no copy of the Software remains in your possession or control. 2
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 alleges that your modification or enhancement of the Software, or any portion thereof, infringes any third party copyright, patent, trademark, trade secret or any other proprietary right, provided that the Museum gives written notice of the Action to you. The Museum may opt to participate in the defense of an Action, provided that the Museum bears any legal fees and expenses and other costs of defense it incurs in so participating.
6. NO WARRANTIES. THE SOFTWARE 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MUSEUM OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
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 $100. IN NO EVENT WILL THE MUSEUM OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MUSEUM OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 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. U.S. Government End Users. The Software is a “commercial item” as that term is defined in FAR 2.101, consisting of “commercial computer software,” as such term is used in FAR 12.212 and DFARS 227.7202. If the Software is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Software will be only those specified in this Agreement.
9. Export Law. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. 3
10. 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 conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without the Museum’s prior written consent, and any attempt by you to do so, without such consent, will be void. 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. All notices or approvals required or permitted under this Agreement will be in writing and delivered by confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to the addresses specified by either party to the other in accordance with this section. The failure by either party 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 proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Museum have executed a separate agreement.
11. 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 facsimile at 650.810.1055.
IF YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS AND DESIRE TO COMPLETE INSTALLATION OF THE SOFTWARE, PLEASE CLICK THE “I ACCEPT” BUTTON BELOW. OTHERWISE, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON AND THE INSTALLATION PROCESS WILL STOP.