MOSIX SOFTWARE LICENSE AGREEMENT ================================ THE ACCOMPANYING CODE, HEREINAFTER CALLED ``THE CODE'', INCLUDING ANY FILES CONTAINED IN THIS DIRECTORY AND ANY OF ITS SUB-DIRECTORIES TO ANY DEPTH (UNLESS PARTICULAR FILES OR SUB-DIRECTORIES ARE EXPLICITLY COVERED BY ANOTHER LICENSE AGREEMENT), IS PROVIDED UNDER THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. DOWNLOADING, REVIEWING OR USING THE CODE CONSTITUTES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT YOU ARE NOT AUTHORIZED TO DOWNLOAD, REVIEW OR USE THE CODE. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO USE THE CODE. 1. DEFINITIONS: OUR SOFTWARE: 1. THE CODE: this software. 2. Any software owned by Amnon Barak or Amnon Shiloh or both. 3. In case of transfer of ownership of THE CODE: 3a) any software that was previously included under this definition, unless excluded by the new owner(s) from this definition. 3b) any software subsequently licensed by the new owner(s), which they deem to be related and therefore included in this definition. 4. Any derivatives of the above 1, 2 and 3. END-USER: Any person, entity, company or organization that uses THE CODE for their own internal use, in their capacity as such, but specifically excluding those who pass THE CODE on to third parties. EMPLOYEES, CONTRACTORS OR ASSOCIATES (of an END-USER): Anyone who is employed by the END-USER, which employment is unrelated, in part or in whole, in any way to any of OUR SOFTWARE. INTERNAL MODIFICATION: Any modification that was entirely made by the END-USER in person, by their EMPLOYEES, CONTRACTORS OR ASSOCIATES, or any combination thereof, for their own internal use. CONTRIBUTION: A suggestion to add to, delete from or modify THE CODE, including, but not limited to, in descriptive language, in algorithm-specification, or in patch form. 2. OWNERSHIP: THE CODE is the intellectual property of the Copyright owner (currently, Amnon Barak or Amnon Shiloh or both). You agree that THE CODE, in whole or in part, including any derivative, is, and shall at all times remain the property of the Copyright owner. You shall have no right, title or interest therein or thereto except as expressly set forth in this LICENSE. 3. USING THE CODE: You may use THE CODE or its derivatives (as a whole) in the following manner: 1. You may execute THE CODE in association with a computer device. 2. You may make copies of THE CODE or its derivatives for yourself or for your company or your organization. 3. As an END-USER you may make INTERNAL MODIFICATIONS to THE CODE. To make other modifications, you must obtain a written permission from the Copyright owner (and fully comply with all its terms and conditions). 4. You may redistribute THE CODE, provided that: 4.1) You either: 4.1a) distribute THE CODE "AS IS", without any modifications. or 4.1b) distribute a compiled binary version of THE CODE "AS IS", under this LICENSE and free of any other license. or 4.1c) received a written permission from the Copyright owner to distribute modified versions of THE CODE and fully comply with all the terms and conditions set by that special permission. In that case (unless otherwise stated in the special-permission note), all rights to the modified code will belong to the Copyright owner and you must make sure that no legal conflicts prevent this. AND 4.2) You include this exact License Agreement, clearly and conspicuously, in all copies of THE CODE (or the binaries/derivatives you produced thereof). AND 4.3) You must clearly convey to all those receiving THE CODE from you, that THE CODE is our software, and not make any representation that THE CODE, whether modified or not, or any part thereof is in some way yours or anybody else's creation. 4. PROHIBITED USES: Any use not specifically permitted by the Copyright owner is hereby excluded from this License Agreement. 5. CONTRIBUTIONS: You have no obligation to send the Copyright owner any CONTRIBUTIONS to THE CODE. By sending CONTRIBUTIONS to the Copyright owner, you relinquish your rights to those CONTRIBUTIONS, and make them the intellectual property of the Copyright owner (with all the legal implications). The Copyright owner will not be obliged to include the CONTRIBUTIONS or any parts thereof in future releases of THE CODE. Before sending any CONTRIBUTION, IT IS YOUR RESPONSIBILITY to make sure that your CONTRIBUTION is your own creation and that it is free from any conflicting License, Patent, Trademark, trade-secret, or other intellectual-property rights. 6. REVERSE-ENGINEERING: Reverse-engineering of parts of THE CODE (if any) that are provided in binary and/or assembly form is not allowed. 7. DISCLAIMER OF WARRANTIES: THE COPYRIGHT OWNER, AS WELL AS ANY PREVIOUS COPYRIGHT OWNER, MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE CODE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8. LACK OF SERVICES: YOU ACKNOWLEDGE THAT THE CODE IS BEING SUPPLIED ``AS IS'', WITHOUT ANY ACCOMPANYING SERVICES. THE COPYRIGHT OWNER, AS WELL AS ANY PREVIOUS COPYRIGHT OWNER, DOES NOT WARRANT THAT THE OPERATION OF THE CODE WILL BE UNINTERRUPTED OR ERROR-FREE. 9. INDEMNIFICATION: You agree to indemnify, defend and hold harmless the Copyright owner, any previous Copyright owners and their officers, and employees, either in their individual capacities or by reason of their relationship to the Copyright owner or any previous Copyright owner, with respect to any expense, claim, liability, loss or damages, including any direct, indirect, special, incidental or consequential damages (including lost profits), whether incurred, made or suffered by LICENSEE or by other third parties, in connection with or in any way arising out of the furnishing, performance or use of THE CODE in connection with this agreement. Your obligations include, but are not limited to, your obligation to indemnify, defend, and hold the Copyright owner as well as any previous Copyright owner, their agents, officers and employees harmless in the case of any claim of copyright, trade secret, patent, or any other type of proprietary rights infringement based in any manner on your use of THE CODE as well as your failure for whatever reason to disclose such infringements relating to your CONTRIBUTIONS. 10. LIMITATION OF LIABILITY: THE COPYRIGHT HOLDER, AS WELL AS ANY PREVIOUS COPYRIGHT OWNER, SHALL NOT BE LIABLE FOR ANY COSTS, DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING LOST PROFITS), FEES INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, OR OTHER LIABILITY WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING FROM THIS AGREEMENT OR USE OF THE CODE. 11. ISRAEL LAW: This agreement shall be governed by and construed in accordance with the laws of the State of Israel only. The courts of the State of Israel and specifically and uniquely the courts in the district of Tel-Aviv, Israel shall have the sole and only jurisdiction to adjudicate any matter or dispute related to or in connection with this License Agreement.