@michal_zukowski, post #51
@Don_Adan, post #61
@michal_zukowski, post #58
@michal_zukowski, post #65
... the Amiga Parties hereby grant Hyperion (at Hyperion's sole expense) an exclusive, perpetual, worldwide and royalty-free, transferable right and Object Code and Source Code license to the Software in order to use, develop, modify, commercialize, distribute and market the Software in any form (including through sublicensing), on any medium (now known or otherwise), through any means (including but not limited to making AmigaOS 4 available to the public via the internet) and for any current or future hardware platform.
... the Amiga Parties shall during the term of this Agreement not commercialize anywhere in the world (including through sub-licensing), distribute (free of charge or otherwise) or make available to the public (free of charge or otherwise), in any way or form (including but not limited to Object Code and Source Code form), on any medium (now known or otherwise) and through any means (now known or otherwise) the Software (in part or as a whole) and any Operating System exhibiting a Software Architecture substantially similar to the Software Architecture of the Software as described in the Documentation, to the extent that such Software Architecture is protectable under the copyright laws of the United States (a "Substantially Similar Software Architecture").
... the Amiga Parties may develop, market, license and sell Operating Systems that do not exhibit a Substantially Similar Software Architecture (including without limitation AmigaDE and AmigaAnywhere (under such trademarks)), so long as such Operating Systems do not use the Exclusive Licensed Marks (as defined below) or the phrase "Amiga operating system," (iii) ArnigaDE and AmigaAnywhere may be identified as the AmigaDE operating system and the AmigaAnywhere operating system, respectively, and (iv) Amiga may distribute the Software in Object Code form "as is" i.e. in a form unmodified from that in definition "1", without additional functionality commonly associated with an Operating System) and whereby the User Interface of the Software is not exposed to the end-user, solely in conjunction with gaming content or in conjunction with self-contained hardware devices containing such gaming content (e,g., joysticks) which are capable of executing the Object Code form of the Software without software emulation.
n. "Software" means Amiga OS 3.1, which is the Operating System (including without limitation its Software Architecture as described in the Documentation) originally developed, owned and marketed by Commodore Business Machines (CBM) for their Amiga line of computers in 1994.
Non-Aggression. The Amiga Parties agree and covenant that they will not institute any action, claim or proceeding anywhere in the world against Hyperion arising out of Hyperion's use, marketing, licensing, or sublicensing of the Software or AmigaOS 4 or Hyperion's use of the Licensed Marks in connection therewith (an "Amiga Prohibited Action"), unless the challenged activity constitutes a material breach of this Agreement.
Non-Disparagement. The Amiga Group (as defined below) will not at any time portray Hyperion, its parents, subsidiaries, shareholders, affiliates, employees, directors, officers, consultants, contractors, agents, attorneys or representatives (the "Hyperion Group") or Hyperion's products or services in a negative or disparaging manner.
Non-Interference and Non-Compete. Other than in response to a material breach of this Agreement, the Parties will not do, say or write anything that will directly or indirectly interfere with or harm (in purpose or effect), or attempt to interfere with or harm (or encourage anyone else to do the same), any other Party, including without limitation their relationships with their former, current or prospective employees, independent contractors, agents, clients, vendors or business partners. The Amiga Parties shall not anywhere in the world use or market in any way any Operating System (or any software purporting to be an Operating System) using the term "Amiga operating system".
Termination. This Agreement and the rights and obligations contained therein, shall enter into force as of the Effective Date and remain in force until such time as a court of competent jurisdiction has issued a final and non-appealable ruling on the existence of a material breach justifying termination of this Agreement.
@kwaku85, post #74
@Prometeusz84, post #76
@Prometeusz84, post #73
@docent, post #72
@KM_Ender, post #77
@KM_Ender, post #77
@RadziN, post #82
@michal_zukowski, post #80
@RadziN, post #82
@SzaryWilk, post #87