MCL license clarification

[hsayed@digitool.com (Hazem Sayed)]

We have received a number of inquiries about the present status of MCL
license agreements (individual, site, object-code redistribution, etc.)
that customers signed with Apple, now that Digitool has acquired MCL.
While addressing these inquiries, it also became clear that there has been
some misunderstanding of Apple's site licensing terms, hence the need for a
general announcement.

Digitool has taken on as its own customers ALL of Apple's licensees, both
individual and site.  Any terms and prices offered by Apple, remain valid
unless specifically changed by Digitool.  An example of a specific change
is the pricing of the forthcoming MCL 3.0 announced last December.

A common misuderstanding that has surfaced concerns what happens if a site
license is not renewed after its normal 12 month period.  The clause "As
long as Licensee is not in breach of this Agreement, the term of the
license will be automatically renewed each year for an additional one year
term."  has been interpreted as a perpetual usage of MCL.  That is the case
subject, however, to the restriction that "If Licensee does not exercise
its option [to renew], Licensee may continue using the last version of the
Designated Software received from Apple."  In other words the perpetual
usage is of the latest version that the institution has a legal copy of,
and not any later ones.

For example, assume MyOrg purchased an Unlimited Territory license for MCL
1.3 in September 1991, under which it received the MCL 2.0 upgrade when it
became available in June 1992 and distributed it for free to all interested
faculty students.  Come September 1992, MyOrg opted not to renew its site
license, it still had the legitimate usage of MCL 2.0, but not of MCL 2.0.1
which became available in November 1993.  Not only would it be improper for
MyOrg to use MCL 2.0.1, but doing so would even terminate its license to
perpetual use of MCL 2.0.  Obviously the same applies to the upcoming 3.0.

This is timely because MCL 3.0 is around the corner, will only be available
from APDA, and will only be mailed to upgradees and current site licensees.
If you are expecting to receive MCL 3.0 on the basis of an institutional site
license, please check now with your adminstrator or with Digitool that the
license is in fact current, to avoid unexpected delays in May.

Thank you for your continuing support of MCL.


Hazem Sayed

Digitool, Inc.
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