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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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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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Scientific American is over my head by a mile!
Several years ago I walked into Fry's Electronics in Palo Alto, Calif., and asked for an inductor. It is hardly an unusual electronic component; every radio project needs one. Yet the store clerks looked at me blankly. Fry's once had a reputation as the first stop for young engineers stocking a garage workshop. But in its components aisle, I found just a few bags of parts. "The art of home-brewing one's own electronic equipment is pretty much a lost one," says Chuck Penson, a radio ham in Tucson, Ariz. The D.I.Y. movement that spawned the computer revolution--and inspired untold numbers of tinkerers to pursue careers in science--has stopped moving. Heathkit ceased making its electronic kits 10 years ago. Popular Electronics and Byte magazines have hung up their soldering irons. Meccano, the maker of Erector sets, went bankrupt in 2000. Last year Scientific American dropped the Amateur Scientist column, citing a long decline in readership, and Edmund Scientific sold off its consumer catalogue and shut its famous retail store in Barrington, N.J. "It was a Mecca for the science enthusiast," recalls Nicole Edmund, vice president of marketing and sales at Edmund Industrial Optics and granddaughter of the company's founder. But the store's sales had been drooping for most of the past decade, she says, and the company wanted to focus on its more profitable optics business. What we seem to have witnessed is the fragmentation of amateur science. Heathkit, for example, appealed to a broad range of people. Some built kits for kits' sake. Others just wanted to save money: Heathkits were usually cheaper and better than store-bought radios or TVs. As manufacturing costs went down and quality went up, though, off-the-shelf products gained the advantage. The same went for telescopes and most other gizmos. "When I got started, I could not have purchased what I could have built," says Dennis DiCicco, an editor at Sky & Telescope magazine. "Today if you want a telescope, you can afford one. You're not going to save much money if you build one." As the market split between craftsmen and appliance owners, magazines had to adapt or die. In the late 1970s computer hobbyists of all ability levels devoured Byte. As PCs went mainstream, the magazine played down home-brew projects. Advanced amateurs, meanwhile, outgrew the projects and gravitated to niche publications. Circuit Cellar, started by ex-Byte columnist Steve Ciarcia, succeeded with a new publishing model: as its readers became more sophisticated, so did the articles. "I saw that you had to move upscale with them, or they'd move away from you," Ciarcia says. Indeed, dedicated amateurs are now quasi-professionals. The Society for Amateur Scientists conference taking place next month in Philadelphia will have sessions on how to publish your research and how to claim a tax deduction for your basement lab. Discoveries by amateur astronomers have made headlines. At the other end of the market, people with an occasional science craving can satisfy it at, say, the Nature Company. And for those who fall in the middle, a few kit suppliers (especially in robotics and music production) and magazines (such as Nuts & Volts and Poptronics, formerly Radio Electronics) carry on. Of course, market fragmentation is not the only trend affecting amateur science. There are more leisure activities than ever to choose from and less time to pursue them. For electronics retailers, the general decline of D.I.Y. is merely one among many changes in the industry. Brad Jonas of Green Brook Electronics in Green Brook, N.J., one of the few mom-and-pop electronics shops left in the greater New York area, talks about death by a thousand cuts. People who need parts now get them by mail-order (although they come to the store for advice), small companies buy equipment rather than build it in-house, and repair stores swap out whole modules rather than replace individual components. Even Radio Shack has had financial troubles, although the restructuring it announced last December does not affect electronic parts. Evidently, the something-for-everyone model epitomized by Heathkit and the Amateur Scientist column can't compete anymore. Specialized sources and Internet newsgroups cater to each skill level. But much of
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Scientific American is over my head by a mile!
Several years ago I walked into Fry's Electronics in Palo Alto, Calif., and asked for an inductor. It is hardly an unusual electronic component; every radio project needs one. Yet the store clerks looked at me blankly. Fry's once had a reputation as the first stop for young engineers stocking a garage workshop. But in its components aisle, I found just a few bags of parts. "The art of home-brewing one's own electronic equipment is pretty much a lost one," says Chuck Penson, a radio ham in Tucson, Ariz. The D.I.Y. movement that spawned the computer revolution--and inspired untold numbers of tinkerers to pursue careers in science--has stopped moving. Heathkit ceased making its electronic kits 10 years ago. Popular Electronics and Byte magazines have hung up their soldering irons. Meccano, the maker of Erector sets, went bankrupt in 2000. Last year Scientific American dropped the Amateur Scientist column, citing a long decline in readership, and Edmund Scientific sold off its consumer catalogue and shut its famous retail store in Barrington, N.J. "It was a Mecca for the science enthusiast," recalls Nicole Edmund, vice president of marketing and sales at Edmund Industrial Optics and granddaughter of the company's founder. But the store's sales had been drooping for most of the past decade, she says, and the company wanted to focus on its more profitable optics business. What we seem to have witnessed is the fragmentation of amateur science. Heathkit, for example, appealed to a broad range of people. Some built kits for kits' sake. Others just wanted to save money: Heathkits were usually cheaper and better than store-bought radios or TVs. As manufacturing costs went down and quality went up, though, off-the-shelf products gained the advantage. The same went for telescopes and most other gizmos. "When I got started, I could not have purchased what I could have built," says Dennis DiCicco, an editor at Sky & Telescope magazine. "Today if you want a telescope, you can afford one. You're not going to save much money if you build one." As the market split between craftsmen and appliance owners, magazines had to adapt or die. In the late 1970s computer hobbyists of all ability levels devoured Byte. As PCs went mainstream, the magazine played down home-brew projects. Advanced amateurs, meanwhile, outgrew the projects and gravitated to niche publications. Circuit Cellar, started by ex-Byte columnist Steve Ciarcia, succeeded with a new publishing model: as its readers became more sophisticated, so did the articles. "I saw that you had to move upscale with them, or they'd move away from you," Ciarcia says. Indeed, dedicated amateurs are now quasi-professionals. The Society for Amateur Scientists conference taking place next month in Philadelphia will have sessions on how to publish your research and how to claim a tax deduction for your basement lab. Discoveries by amateur astronomers have made headlines. At the other end of the market, people with an occasional science craving can satisfy it at, say, the Nature Company. And for those who fall in the middle, a few kit suppliers (especially in robotics and music production) and magazines (such as Nuts & Volts and Poptronics, formerly Radio Electronics) carry on. Of course, market fragmentation is not the only trend affecting amateur science. There are more leisure activities than ever to choose from and less time to pursue them. For electronics retailers, the general decline of D.I.Y. is merely one among many changes in the industry. Brad Jonas of Green Brook Electronics in Green Brook, N.J., one of the few mom-and-pop electronics shops left in the greater New York area, talks about death by a thousand cuts. People who need parts now get them by mail-order (although they come to the store for advice), small companies buy equipment rather than build it in-house, and repair stores swap out whole modules rather than replace individual components. Even Radio Shack has had financial troubles, although the restructuring it announced last December does not affect electronic parts. Evidently, the something-for-everyone model epitomized by Heathkit and the Amateur Scientist column can't compete anymore. Specialized sources and Internet newsgroups cater to each skill level. But much of