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Revision 1.1 - (show annotations) (download)
Sun Dec 4 08:27:14 2005 UTC (8 years, 4 months ago) by spyderous
Branch: MAIN
CVS Tags: HEAD
for sci-chemistry/webmo.

1 WebMO License Agreement
2 WebMO License Agreement 1.1
3 Definitions
4 The "SOFTWARE PRODUCT" is all files included with the WebMO distribution
5 archive as well as all files produced as a result of the installation scripts.
6 The "SOFTWARE PRODUCT" also includes the WebMO logo and the "look and feel" of
7 any page produced via WebMO or included with the WebMO package. The provisions
8 of this License Agreement applying to the "SOFTWARE PRODUCT" also apply to all
9 derivative works of the "SOFTWARE PRODUCT."
10 The "LICENSEE" is the individual who downloads or receives the SOFTWARE PRODUCT
11 unless the individual designates another to be the "LICENSEE".
12 "WEBMO" is WebMO, LLC of Holland, Michigan, which is the sole owner of the
13 copyright and all other rights in and to the SOFTWARE PRODUCT.
14 "LICENSE FEES" are monies paid from the LICENSEE to WebMO for the right to
15 invoke this License Agreement for a specific implementation of the SOFTWARE
16 PRODUCT.
17 Application of License
18 By downloading or receiving the SOFTWARE PRODUCT, or by installing the SOFTWARE
19 PRODUCT onto any machine, or by using the SOFTWARE PRODUCT or any portion of
20 the SOFTWARE PRODUCT in any way, the LICENSEE agrees to be bound by the terms
21 of this License Agreement.
22 The LICENSEE is responsible for ensuring that the terms of the License
23 Agreement are upheld and the LICENSEE is responsible for any violations of the
24 License Agreement whether or not the LICENSEE authorized the infringements of
25 the License Agreement.
26 Permitted Uses
27 Provided that any required LICENSE FEES have been paid, this License Agreement
28 allows the LICENSEE to download the SOFTWARE PRODUCT for the purpose of
29 installing the SOFTWARE PRODUCT on the LICENSEE'S site or for the purpose of
30 examining the source code of the SOFTWARE PRODUCT to evaluate its future use on
31 the LICENSEE'S site. The LICENSEE may install the SOFTWARE PRODUCT one time
32 onto a single WWW server. The LICENSEE may also retain one copy of the
33 distribution of the SOFTWARE PRODUCT for archival purposes provided that this
34 archive is not redistributed in any way.
35 License Fees
36 WebMO retains the right to charge license fees for its product. However, no
37 retroactive fees for issued licenses will ever be applied. Licenses are issued
38 for a particular WebMO version, and a fee may be charged for future WebMO
39 upgrades.
40 Prohibited Uses
41 The LICENSEE agrees not to do any of the following unless previously authorized
42 in writing by WebMO, as doing the following would violate this License
43 Agreement and be grounds for the termination of this License Agreement and
44 possible legal action as described in this License Agreement.
45 * Making available for download or otherwise copying or redistributing the
46 SOFTWARE PRODUCT
47 * Selling, renting, or leasing the SOFTWARE PRODUCT to any individual or
48 organization
49 * Including on any distribution medium (such as a CD-ROM or bundled within
50 a software package) the SOFTWARE PRODUCT
51 * Installing the SOFTWARE PRODUCT on more than one WWW server or
52 implementing the SOFTWARE PRODUCT more than one time on a WWW server, without a
53 sufficient number of Licenses to do so
54 * Using any portion of the SOFTWARE PRODUCT in any other application or
55 redistributing the SOFTWARE PRODUCT under the same or another name
56 Copyright Notices and Program Credits
57 Copyright notices included within the CGI scripts and source files of the
58 SOFTWARE PRODUCT may never be modified, appended, or removed without the prior
59 expressed written consent of WebMO, regardless of whether the LICENSEE has paid
60 any LICENSE FEES for the implementation of the SOFTWARE PRODUCT.
61 The LICENSEE is not permitted to modify, append, or remove any copyright
62 notices or program credits appearing within the visual interface of the
63 SOFTWARE PRODUCT. This includes, but is not limited to, copyright notices on
64 documentation pages and the "About WebMO" page. Removing links to such
65 copyright notices and program credits is similarly prohibited.
66 Multiple Installations
67 Each distinct implementation of the SOFTWARE PRODUCT requires that a separate
68 License be issued by WebMO to the LICENSEE. If no LICENSE FEES have been paid,
69 a LICENSEE is limited to one active License and may install only one
70 implementation of the SOFTWARE PRODUCT.
71 Modifications or Additions
72 WebMO strongly discourages the use or creation of any modifications or
73 additions to the SOFTWARE PRODUCT. Any modifications or additions to the
74 SOFTWARE PRODUCT are subject to the following provisions:
75 1. The LICENSEE may modify in any way desired the SOFTWARE PRODUCT for the
76 LICENSEE'S own use, except that copyright headers and credits cannot be removed
77 except as otherwise provided in this License Agreement.
78 2. Any modifications containing portions of the SOFTWARE PRODUCT or causing
79 any portion of the SOFTWARE PRODUCT to be executed, evaluated, or otherwise
80 used in any way, are considered derivative works of the SOFTWARE PRODUCT.
81 Hence, these modifications are subject to all terms of this License Agreement,
82 and consequently cannot be redistributed or sold. Thus, no person,
83 organization, or entity shall distribute any modification or addition to the
84 SOFTWARE PRODUCT that uses any portion of the SOFTWARE PRODUCT in any way.
85 3. By making any modification or by otherwise installing any third-party
86 modifications to the SOFTWARE PRODUCT, the LICENSEE voids the limited warranty
87 and any obligation of support on behalf of WebMO, whether express or implied.
88 WebMO specifically disclaims all warranties, express or implied, if any portion
89 of the SOFTWARE PRODUCT has been modified except as documented in the SOFTWARE
90 PRODUCT'S accompanying documentation.
91 4. WebMO makes no guarantee that the underlying code or data structure will
92 be maintained in future upgrades to the SOFTWARE PRODUCT. The LICENSEE agrees
93 that WebMO retains the absolute right to modify future versions of the SOFTWARE
94 PRODUCT as WebMO sees fit, whether or not such modifications are compatible
95 with any modifications made by the LICENSEE. WebMO retains this right in all
96 circumstances, even if the LICENSEE has the right under arrangements with WebMO
97 to download and install future upgrades of the SOFTWARE PRODUCT. WebMO is under
98 no obligation whatsoever to modify the SOFTWARE PRODUCT or to instruct the
99 LICENSEE or anyone else how to modify the SOFTWARE PRODUCT.
100 Limited Warranty
101 Provided that LICENSE FEES have been paid by the LICENSEE, WebMO warrants that
102 the SOFTWARE PRODUCT will perform according to its documentation on a system
103 meeting the minimum specified requirements for a period of 30 days commencing
104 upon timely payment of such LICENSE FEES. Should WebMO breach the limited
105 warranty agreement, WebMO will, at its discretion, repair, replace, or provide
106 instructions for repair of the SOFTWARE PRODUCT, or return any LICENSE FEES to
107 the LICENSEE. In this sense, WebMO offers 30 days of free technical support to
108 the LICENSEE for the sole purpose of causing the SOFTWARE PRODUCT to perform
109 according to its documentation. In no case shall the liability of WebMO exceed
110 the LICENSE FEES paid by the LICENSEE. This limited warranty is not offered if
111 LICENSE FEES have not been paid by the LICENSEE.
112 This is the only warranty of any kind guaranteed by WebMO. Except for this
113 limited warranty, the SOFTWARE PRODUCT is provided on an "as is" basis, and the
114 LICENSEE accepts the SOFTWARE PRODUCT "with all faults." Should the SOFTWARE
115 PRODUCT prove defective, the LICENSEE and not WebMO assumes the entire cost of
116 service and repair. In addition, the security mechanisms implemented in
117 SOFTWARE PRODUCT have inherent limitations, and WebMO does not warrant that the
118 SOFTWARE PRODUCT will withstand all attacks. To the maximum extent permitted by
119 applicable law, WebMO disclaims all other warranties, either express or
120 implied. Particularly, WebMO makes no warranty of title, no warranty against
121 infringement, no warranty of merchantability, and no warranty of fitness for a
122 particular purpose. This warranty gives you specific legal rights, and you may
123 have other legal rights that vary by jurisdiction.
124 The SOFTWARE PRODUCT is not fault-tolerant and is not designed for use in
125 high-risk activities in any environment where the SOFTWARE PRODUCT could lead
126 to injury or death. WebMO specifically disclaims any warranties, express
127 implied, of fitness for high-risk activities.
128 In no event shall WebMO be liable for any damages in excess of LICENSE FEES
129 paid (including without limitation, special, direct, incidental, consequential,
130 or indirect damages for personal injury, loss of business profits, business
131 interruption, loss of information, loss of data, and any other pecuniary loss)
132 arising from the installation or any use of this SOFTWARE PRODUCT.
133 The LICENSEE voids this limited warranty by performing any of the following
134 actions:
135 1. Modifying any part of the SOFTWARE PRODUCT except as documented in the
136 documentation that accompanies the SOFTWARE PRODUCT. This includes, but is not
137 limited to, the CGI scripts, and any configuration files generated by the
138 program or required for installation. Should any other person or any automatic
139 process (including but not limited to web site publishing software or
140 third-party scripts which directly or indirectly access or write any of the
141 files constituting part of the SOFTWARE PRODUCT) perform such modifications,
142 the LICENSEE is deemed to have performed such modifications and thus the
143 limited warranty is void.
144 2. Breaching any portion of this License Agreement.
145 3. Failing to promptly register the implementation of the SOFTWARE PRODUCT
146 with WebMO following its implementation the LICENSEE'S site.
147 4. Deleting or moving (intentionally or inadvertently) any file provided
148 with, created by, or used by the SOFTWARE PRODUCT.
149 5. Failing to meet the system requirements for the LICENSEE'S server as
150 stated on the WebMO download page for the version of the SOFTWARE PRODUCT that
151 the LICENSEE is attempting to install.
152 6. Failing to pay required LICENSE FEES in a timely manner for the
153 LICENSEE'S implementation of the SOFTWARE PRODUCT, in which case the LICENSEE
154 not only voids the limited warranty, but also breaches this License Agreement
155 and is also subject to other provisions of this License Agreement.
156 Site Content
157 The LICENSEE alone, not WebMO, bears the entire responsibility for the content
158 of any internet site, even if the LICENSEE is using the SOFTWARE PRODUCT as
159 part of that internet site. In no way shall WebMO be liable or responsible for
160 the content of any LICENSEE'S site, including but not limited to any data
161 created by users of the SOFTWARE PRODUCT.
162 Title and Copyright
163 The SOFTWARE PRODUCT remains the property of WebMO. The SOFTWARE PRODUCT is
164 licensed, not sold. By paying LICENSE FEES, the LICENSEE is granted the right
165 to use the SOFTWARE PRODUCT as described in this License Agreement, but the
166 LICENSEE does not assume any rights of ownership or other rights in and to the
167 SOFTWARE PRODUCT.
168 The SOFTWARE PRODUCT is copyright � 2000 by WebMO, all rights reserved. The
169 LICENSEE of this SOFTWARE PRODUCT gains the right to use the copyrighted
170 software but does not gain ownership of the copyright or of the SOFTWARE
171 PRODUCT.
172 Consequences of License Violations
173 Should the LICENSEE use unlicensed copies of the SOFTWARE PRODUCT without the
174 expressed written consent of WebMO, the LICENSEE is in violation of this
175 License Agreement. If the LICENSEE was using any portions of the SOFTWARE
176 PRODUCT which ordinarily require the payment of LICENSE FEES, the LICENSEE
177 agrees to pay to WebMO the LICENSE FEES necessary to license the unlicensed
178 implementation according to the schedule of LICENSE FEES available at the time
179 from the WebMO web site. Additionally, WebMO may require that the LICENSEE
180 immediately and entirely remove any implementation of the SOFTWARE PRODUCT that
181 is in breach of this License Agreement. In addition, the LICENSEE shall be
182 liable for the payment to WebMO of attorney's fees, court costs, punitive
183 damages, and any other legal remedy appropriate for the situation.
184 Should the LICENSEE distribute, sell, or otherwise make available any portion
185 of the SOFTWARE PRODUCT or any modification which is determined to be the
186 SOFTWARE PRODUCT according to any other sections of this License Agreement, the
187 LICENSEE shall be liable for the payment to WebMO of the equivalent cost of
188 LICENSE FEES for the SOFTWARE PRODUCT or for all monies collected by the
189 LICENSEE in violation of this License Agreement, whichever is more. In
190 addition, the LICENSEE shall be liable for the payment to WebMO of attorney's
191 fees, court costs, punitive damages, and any other legal remedy appropriate for
192 the situation.
193 Termination
194 WebMO may, at any time, terminate the License Agreement if WebMO determines
195 that the License Agreement has been breached. If the termination of License
196 Agreement occurs as a result of a violation by the LICENSEE or another person,
197 the LICENSEE must immediately remove all files from his or her implementation
198 of the SOFTWARE PRODUCT and all links to the same.
199 In no case shall WebMO be responsible for paying to the LICENSEE or anyone else
200 any amount of money, even if the termination of the license diminishes or
201 eliminates revenue raised by the implementation of the SOFTWARE PRODUCT. In no
202 case shall WebMO be responsible for refunding any LICENSE FEES, regardless of
203 the reason for termination of this License Agreement, except as provided in the
204 limited warranty section of this License Agreement.
205 Transfer of License
206 The LICENSEE is not permitted to transfer a License to any other individual or
207 institution without the expressed written consent of WebMO.
208 Without prior written consent of WebMO, the LICENSEE may not act as a reseller
209 who sells or otherwise distributes Licenses for the SOFTWARE PRODUCT. Under
210 this License Agreement, WebMO reserves the right to develop a separate
211 agreement applying to such reselling activities, and such an agreement, if
212 entered into by WebMO and the LICENSEE, would supercede this License Agreement
213 as defined in the separate agreement.
214 Jurisdiction
215 This License Agreement is governed by the laws of the State of Michigan. Both
216 the LICENSEE and WebMO submit to the jurisdiction of the courts of the State of
217 Michigan. Both the LICENSEE and WebMO agree to commence any litigation that may
218 arise hereunder in the courts located in the Judicial District of Ottawa County
219 in the State of Michigan.

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