COMPUTER HISTORY MUSEUM SOFTWARE LICENSE AGREEMENT

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE 
DOWNLOADING, INSTALLING OR USING THIS SOFTWARE (THE “SOFTWARE”). THE 
TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) 
GOVERN USE OF THE SOFTWARE

The Computer History Museum (the “Museum”) is willing to license the 
Software to you only upon the condition that you accept all of the 
terms contained in this Agreement. By clicking on the “I accept” button 
below or by downloading, installing or using the Software, you have 
indicated that you understand this Agreement and accept all of its 
terms. If you do not accept all the terms of this Agreement, then the 
Museum is unwilling to license the Software to you.

1. Grant of License. Conditioned upon your compliance with the terms 
and conditions of this Agreement, the Museum grants you a non-exclusive 
and non-transferable license for a single user, solely for your 
individual, personal and non-commercial purposes, (a) to load and 
install the Software; (b) to compile, modify and create modifications 
or enhancements of the Software or any of its components (“Derivative 
Works”); and © to run the Software or Derivative Works on simulators or 
hardware. The Museum and its licensors reserve all rights in the 
Software not expressly granted to you in this Agreement.

2. Restrictions. Except as expressly specified in this Agreement, you 
may not: (a) transfer, sublicense, lease, lend, rent or otherwise 
distribute the Software or Derivative Works to any third party; or (b) 
make the functionality of the Software or Derivative Works available to 
multiple users through any means, including, but not limited to, by 
uploading the Software to a network or file-sharing service or through 
any hosting, application services provider, service bureau, 
software-as-a-service (SaaS) or any other type of services. You 
acknowledge and agree that portions of the Software, including, but not 
limited to, the source code and the specific design and structure of 
individual modules or programs, constitute or contain trade secrets of 
Museum and its licensors.

3. Ownership. The copy of the Software is licensed, not sold. The 
Museum and its licensors retain ownership of the copy of the Software 
itself, including all intellectual property rights therein. The 
Software is protected by United States copyright law and international 
treaties. You will not delete or in any manner alter the copyright, 
trademark, confidentiality and other proprietary rights notices or 
markings or limited or restricted rights legends appearing on the 
Software as delivered to you.

4. Term. The license granted under this Agreement remains in effect for 
a period of 75 years, unless earlier terminated in accordance with this 
Agreement. You may terminate the license at any time by destroying all 
copies of the Software in your possession or control. The license 
granted under this Agreement will automatically terminate, with or 
without notice from the Museum, if you breach any term of this 
Agreement. Upon termination, you must, at the Museum’s option, either 
promptly destroy or return to the Museum all copies of the Software in 
your possession or control and certify in writing to the Museum that 
you have fully complied with the foregoing and that no copy of the 
Software remains in your possession or control.

5. Indemnification. You shall defend, indemnify and hold harmless the 
Museum and its licensors from and against any damages, liabilities, 
costs, expenses (including reasonable attorneys’ fees), claims, 
demands, suits or proceedings (an “Action”) to the extent such Action 
alleges that your modification or enhancement of the Software, or any 
portion thereof, infringes any third party copyright, patent, 
trademark, trade secret or any other proprietary right, provided that 
the Museum gives written notice of the Action to you. The Museum may 
opt to participate in the defense of an Action, provided that the 
Museum bears any legal fees and expenses and other costs of defense it 
incurs in so participating.

6. NO WARRANTIES. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF 
ANY KIND. THE MUSEUM AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND 
CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY 
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A 
PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES AND 
CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO 
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MUSEUM OR 
ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN 
THIS AGREEMENT.

7. Limitation of Liability. THE MUSEUM AND ITS LICENSORS’ TOTAL 
LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF 
LIABILITY WILL BE LIMITED TO $100. IN NO EVENT WILL THE MUSEUM OR ITS 
LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, 
PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, 
PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE 
PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE 
EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES 
FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING 
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MUSEUM 
OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR 
DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY 
LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF 
ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation 
or exclusion of liability for incidental or consequential damages, so 
the above limitation or exclusion may not apply to you.

8. U.S. Government End Users. The Software is a “commercial item” as 
that term is defined in FAR 2.101, consisting of “commercial computer 
software,” as such term is used in FAR 12.212 and DFARS 227.7202. If 
the Software is being acquired by or on behalf of the U.S. Government, 
then, as provided in FAR 12.212 and DFARS 227.7202-1 through 
227.7202-4, as applicable, the U.S. Government’s rights in the Software 
will be only those specified in this Agreement.

9. Export Law. You agree to comply fully with all U.S. export laws and 
regulations to ensure that neither the Software nor any technical data 
related thereto nor any direct product thereof are exported or 
re-exported directly or indirectly in violation of, or used for any 
purposes prohibited by, such laws and regulations.

10. General. This Agreement will be governed by and construed in 
accordance with the laws of the State of California, without regard to 
or application of conflict of laws rules or principles. The United 
Nations Convention on Contracts for the International Sale of Goods 
will not apply. You may not assign or transfer this Agreement or any 
rights granted hereunder, by operation of law or otherwise, without the 
Museum’s prior written consent, and any attempt by you to do so, 
without such consent, will be void. Except as expressly set forth in 
this Agreement, the exercise by either party of any of its remedies 
under this Agreement will be without prejudice to its other remedies 
under this Agreement or otherwise. All notices or approvals required or 
permitted under this Agreement will be in writing and delivered by 
confirmed facsimile transmission, by overnight delivery service, or by 
certified mail, and in each instance will be deemed given upon receipt. 
All notices or approvals will be sent to the addresses specified by 
either party to the other in accordance with this section. The failure 
by either party to enforce any provision of this Agreement will not 
constitute a waiver of future enforcement of that or any other 
provision. Any waiver, modification or amendment of any provision of 
this Agreement will be effective only if in writing and signed by 
authorized representatives of both parties. If any provision of this 
Agreement is held to be unenforceable or invalid, that provision will 
be enforced to the maximum extent possible, and the other provisions 
will remain in full force and effect. This Agreement is the complete 
and exclusive understanding and agreement between the parties regarding 
its subject matter, and supersedes all proposals, understandings or 
communications between the parties, oral or written, regarding its 
subject matter, unless you and Museum have executed a separate 
agreement.

11. Contact Information. If you have any questions regarding this 
Agreement, you may contact the Museum by mail at 1401 N. Shoreline 
Blvd., Mountain View, CA 94043, by telephone at 650.810.1010 or by 
facsimile at 650.810.1055.

IF YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS AND DESIRE TO 
COMPLETE INSTALLATION OF THE SOFTWARE, PLEASE CLICK THE “I ACCEPT” 
BUTTON BELOW. OTHERWISE, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON AND 
THE INSTALLATION PROCESS WILL STOP.