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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject
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Know your rights!
Royalty-Free CIFS Technical Reference License Agreement This is a legal agreement ("Agreement") between the undersigned (either an individual or an entity) ("You" or "Company"), and Microsoft Corporation ("Microsoft"). The CIFS Technical Reference (as defined below) is available for You to reference, but if You want to implement the Technical Reference, You must sign and return this Agreement AS IS. This is an offer to be accepted only on the terms set forth in this Agreement. If You make any changes to this Agreement, the offer is revoked. RECITALS Whereas, the industry has requested that Microsoft set forth its license terms for CIFS (as defined below); Whereas, Microsoft is now setting forth those terms by making a license available. 1. Definitions 1.1 "CIFS" shall mean the common internet file system communication protocol described in the Technical Reference. 1.2 "Company Implementation" shall mean only those portions of the software developed by Company that implement CIFS for use on Non-Microsoft Platforms. 1.3 "End User" shall mean a third party customer or potential customer to whom a copy of Company Implementation is licensed, delivered, or otherwise provided primarily for such customer's or potential customer's use, and not for further sublicense or distribution. 1.4 "IPR Impairing License" shall mean the GNU General Public License, the GNU Lesser/Library General Public License, and any license that requires in any instance that other software distributed with software subject to such license (a) be disclosed and distributed in source code form; (b) be licensed for purposes of making derivative works; or (c) be redistributable at no charge. 1.5 "Non-Microsoft Platforms" shall mean any platform other than any version of a Microsoft client, embedded and server operating system product, including without limitation, Windows XP, Windows CE, Windows 2000 and Windows 95 operating system products, or successors of those products. 1.6 "Necessary Claims" shall mean those claims of a patent or patent application, including without limitation, United States Patents Nos. 5,265,261 and 5,437,013, which (a) are owned, controlled or sublicenseable by Microsoft without payment of a fee to an unaffiliated third party; and (b) are necessarily infringed by implementing the CIFS communication protocol as set forth in the Technical Reference, wherein a claim is necessarily infringed only when there are no technically reasonable alternatives to such infringement. 1.7 "Technical Reference" shall mean the Microsoft copyright document titled Common Internet File System (CIFS) File Access Protocol version 1.0 found at MSDN Downloads. 1.8 "Term" shall have the meaning assigned to it in Section 6.1. 2. Enhancements and Updates 2.1 Enhancements. Any Microsoft file system protocol enhancements beyond the Technical Reference are not licensed. 2.2 Updates. Updates to the Technical Reference are not licensed. In the event Microsoft elects to provide updates of the Technical Reference to Company, such updates will only be licensed by Microsoft under a separate written agreement or a written amendment to this Agreement. 3. License Grants 3.1 Copyright License. Subject to Section 3.3, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, non-transferable, non-sublicensable license to (a) make a reasonable number of complete copies of the Technical Reference and (b) use the Technical Reference for the sole purpose of developing Company Implementations. 3.2 Patent License. Subject to Sections 3.3 - 3.7, Microsoft hereby grants Company a worldwide, royalty-free, non-exclusive, personal, transferable, non-sublicensable, license under its Necessary Claims to (1) make, use, import, and (2) offer to sell, sell and distribute, directly or indirectly, to End Users, Company Implementations that fully comply with the Technical Reference. The above license is limited to implementing the CIFS communication protocol itself, and does not include any express or implied licenses or other rights to any underlying technology (operating system technology, local file system technology, etc.) that may be used to make a complete file server or other CIFS compatible device. 3.3 IPR Impairing License Restrictions. For reasons, including without limitation, because (i) Company does not have the right to sublicense its rights to the Necessary Claims and (ii) Company's license rights hereunder to Microsoft's intellectual property are limited in scope, Company shall not distribute any Company Implementation in any manner that would subject