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Copyright 1997 The Open Group
All Rights Reserved
No redistribution permitted.
Not to be further republished without express written
permission. (If you would like to redistribute a copy
with a publication please contact Andrew Josey - a.josey@opengroup.org)
This archive of the Single UNIX Specification is from
the Go Solo 2 CD_ROM and is supplied with the following
terms and conditions.
Downloading of this file is taken as agreement with these
terms and conditions.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
1. GO_SOLO_2_CD-ROM_Terms_and_Conditions_of_Supply
1. Definitions
In these Terms and Conditions the following words have
the meanings given:
CD-ROM the CD-ROM with the functionality set
out in the ``Help Text'' or user
documentation;
Derivative work any work which incorporates a
substantial portion of any published
material from any Work, whether or not
authorised by this or any other
License;
Internet the world-wide publically-accessible
network of inter-linked computers;
Intranet a company-wide network of computers,
accessible by company employees but
protected from enquiry from internet
users and public dial-in access;
Licensee the company/organisation/individual to
whom the CD-ROM is supplied;
Re-publication the act of re-publishing whether or
not the new work is made public;
Re-publish to reproduce or make available
publicly or otherwise the text, design
or graphic material from any Work,
whether or not in a form or on a
medium different from that in or on
which it was supplied by The Open
Group;
Work any data on the CD-ROM;
The Open Group The Open Group, Apex Plaza, Forbury
Road, Reading, Berkshire, RG1 1AX,
United Kingdom.
2. Right of Use
The Licensee shall have the right to use the Works
contained on the CD-ROM for any purpose, subject to
the limitations of these Terms and Conditions on Re-
publication. Furthermore, the Licensee shall have the
right:
a. to store and have the CD-ROM stored in
electronic form on one computer at a time,
subject to the waiver set out in Clause 4;
b. to display the contents of the CD-ROM on a
computer screen; and
c. for the Licensee's internal use only, to produce
paper copies of limited parts of any Work, as
provided within the functionality of the
software.
For the avoidance of doubt, nothing in these Terms and
Conditions shall entitle the Licensee to use the Work
in any way other than for the Licensee's own internal
business purposes, nor to disclose the Work to any
third party.
Where any Work is subject to the copyright of any
person other than The Open Group (``a joint
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any further conditions or limitations prescribed in
respect of that Work (as set out therein) in order to
protect the rights of that other copyright owner.
Where more than one CD-ROM is supplied under this
Agreement, these rights shall apply separately in
respect of each CD-ROM.
3. Restrictions in Liability
THE OPEN GROUP ACCEPTS LIABILITY UP TO A LIMIT EQUAL TO THE
PRICE PAID FOR THE CD-ROM. THERE SHALL BE NO LIMIT TO
ANY LEGAL LIABILITY FOR ANY DEATH OR PERSONAL INJURY.
4. Use of html files
Files ending in the extension .htm or .html are intended for
viewing by intranet browser software. Implicit in this
method of browsing is the concept that the files may
be viewed simultaneously by users on remote computers
or consoles. It is permitted that the .htm/.html files on
the CD-ROM be simultaneously accessed by two or more
computers or consoles at any given time, provided that
the users of those computers or consoles are employees
of the Licensee.
The Licensee shall not be permitted to distribute the
CD-ROM .htm/.html files (or any other files on the CD-ROM)
onto the Internet without prior written permission of
The Open Group.
5. Re-publication
Save as set out above or as separately agreed, the
Licensee shall have no right to Re-publish or
distribute the CD-ROM or its contents in any way or on
any medium whatever.
6. Termination
Either party may by written notice forthwith terminate
this Agreement if the other party commits any material
breach of these Terms and Conditions and fails to
remedy it within a reasonable period after receiving
written notice from the other party; the other party
suffers distress or execution, commits an act of
bankruptcy, goes or is put into liquidation (otherwise
than solely for the purpose of solvent amalgamation or
reconstruction), or seeks any form of protection
against its creditors from any competent Court or
Tribunal; or a receiver or administrative receiver is
appointed over any substantial part of the other
party's business.
Upon termination under this Clause or otherwise, the
Licensee shall within one month deliver up any
materials or equipment, including any special computer
programs or electronic media supplied by The Open
Group and shall certify that all copies (in electronic
or other form) derived from the CD-ROM have been
destroyed.
Termination of this Agreement (however occurring)
shall not affect any accrued rights or liabilities of
either party nor shall it affect the coming into force
or the continuance in force of any provision which is
expressly or by implication intended to come into or
continue in force on or after such termination.
7. Disputes
These Terms and Conditions shall be construed in
accordance with the law of England and Wales. Any
dispute arising under or in connection with these
Terms and Conditions shall be referred to arbitration
before a sole arbitrator to be appointed jointly or,
in default of agreement, to be appointed by the
President of the British Computer Society.
Terms and Conditions of Supply of the Go Solo 2 CD-ROM, May
1997.
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