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From: hartzell@boulder.colorado.edu (George Hartzell)
Newsgroups: comp.lang.c++
Subject: University's and AT&T's C++2.1 license agreement, HELP!
Message-ID: <28335@boulder.Colorado.EDU>
Date: 18 Oct 90 16:19:28 GMT
Sender: news@boulder.Colorado.EDU
Reply-To: hartzell@boulder.colorado.edu (George Hartzell)
Organization: University of Colorado, Boulder
Lines: 51


We (our department and the computer science department) are trying to
get AT&T's C++(2.1).  Our legal department is balking at paragraph
7.02 of the "Educational Software Agreement", which reads:
    
    AT&T-IS warrants for a period of ninety (90) days from
    furnishing a SOFTWARE PRODUCT to LICENSEE that any magnetic
    medium on which portions of a SOFTWARE PRODUCT are funished
    will be free under normal use from defects in materials,
    workmanship, or recording.  If such a defect appears within
    such warranty period, LICENSEE may return the defective
    medium for replacement without charge.  Replacement is
    LICENSEE's sole rememdy with respect to such a defect.
    AT&T-IS also warrants that it is empowered to grant the
    rights granted herein.  AT&T-IS and other developers make no
    other representations or warranties, expressly or impliedly.
    By way of example but not limitation, AT&T-IS and other
    developers make no representations or warranties of
    merchantability or fitness for any particular purpose, or
    that the use of any SOFTWARE PRODUCT will not infringe any
    patent, copyright or trademark.  AT&T-IS 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 SOFTWARE PRODUCT.

Our legal dept. wants to replace the part about "or that the use of any
SOFTWARE PRODUCT will not infringe any patent, copyright, or trademark."
with something that says that AT&T will:

    "[...] defend any suit which may be brought against the
    University or the State of Colorado for infringement of
    patent(s), copyright(s), or trade secret(s) based upon
    software and/or materials furnished hereunder and in
    such suit will satisfy any final award for any
    infringment.[...]"

Is there anyone out there who is affiliated with a University who has
purchased C++2.1?  Did your "people" have any complaints about this
section?  How did you resolve them?  All I want is the compiler (sigh).

Who knows, maybe someone (me?) will get g++ working well on the MIPS based
systems.  I wonder if our legal dept. has ever seen a copy of the Copyleft?
:) 

Please mail any info, I'll summarize as necessary.

g.

George Hartzell			                  (303) 492-4535
 MCD Biology, University of Colorado-Boulder, Boulder, CO 80309
hartzell@Boulder.Colorado.EDU           ..!ncar!boulder!hartzell