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app-misc/glimple license

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10 <P><FONT SIZE=+2>Glimpse/Webglimpse Software Licensing Agreement </FONT></P>
11
12 <P>THIS SOFTWARE LICENSING AND ROYALTY AGREEMENT (this &quot;Agreement&quot;)
13 is made by and between Internet WorkShop (hereinafter &quot;Licensor&quot;),
14 as per resale license granted by The Arizona Board of Regents for The University
15 of Arizona, and &quot;Licensee&quot;, a company or individual who has purchased
16 the SOFTWARE from Internet Workshop.</P>
17
18 <P>WITNESSETH:</P>
19
20 <P>WHEREAS, Licensor is the author of, or has acquired the rights to, certain
21 computer software programs, documentation, and related written materials
22 (collectively &quot;Software&quot;) specifically Glimpse and Webglimpse,
23 and Licensee desires to acquire a right and license to use Licensor's Software
24 under the terms and conditions set forth herein.</P>
25
26 <P>NOW, THEREFORE, in consideration of the mutual covenants and premises
27 herein contained, the Parties hereto agree as follows:</P>
28
29 <P>I. LICENSE </P>
30
31 <P>1.1 Scope of License Grant. In consideration of the agreement of Licensee
32 to pay royalties hereunder, Licensor hereby grants to Licensee the nonexclusive,
33 nontransferable right and license to use Licensor's Software subject to
34 the terms and conditions of this agreement. The Software is licensed for
35 use solely for Licensee's internal applications in the normal course of
36 Licensee's business. No rights to sublicense or market the Software or
37 Documentation are granted. All rights not specifically granted to Licensee
38 by this license shall remain in Licensor.</P>
39
40 <P>1.4 Right to Copy. Licensee shall not copy the Software, in whole or
41 in part, except as expressly provided in this section. The Software may
42 be copied in whole or in part, in printed or machine-readable form, for
43 archival storage or emergency restart purposes, or to replace a worn copy.</P>
44
45 <P>1.5 If Licensee obtains source code under this agreement, Licensee agrees
46 it will not use the source code or any associated Licensor proprietary
47 information for any purpose other than Licensee's internal needs and in
48 particular not for the purpose of development or distribution of any product
49 or program similar to, or competitive with, the Software. </P>
50
51 <P>II. WARRANTY</P>
52
53 <P>2.1 LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY
54 DISCLAIMS OTHER WARRANTIES, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY
55 OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL
56 LICENSOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL
57 DAMAGES, OR FOR LOST PROFITS, OR FOR LOST DATA OR DOWNTIME, WHETHER OR
58 NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</P>
59
60 <P>2.2 LICENSEE AGREES THAT ITS SOLE REMEDY AGAINST LICENSOR OR ITS REPRESENTATIVES
61 FOR LOSS OR DAMAGE CAUSED BY ANY DEFECT OR FAILURE OF THE SOFTWARE, REGARDLESS
62 OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE,
63 STRICT LIABILITY OR OTHERWISE, SHALL BE (I) THE REPAIR OR REPLACEMENT OF
64 THE SOFTWARE OR (II) IF SUCH REPAIR CANNOT BE MADE OR AN EQUIVALENT REPLACEMENT
65 CANNOT BE PROVIDED, THE REFUND OF AMOUNTS PREVIOUSLY PAID BY LICENSEE.</P>
66
67 <P>III. OPERATING ENVIRONMENT</P>
68
69 <P>3.1 This Agreement is a [CPU, Site or per-Seat] license.</P>
70
71 <P>3.2 In the event this Agreement pertains to a CPU license:</P>
72
73 <P>3.2.1 Licensee shall have the right to use the Software only on a single
74 designated single central processing unit or mainframe computer and its
75 associated peripheral units. </P>
76
77 <P>If Licensee has purchased a single-domain license, the Software shall
78 be made accessible via a single IP address and/or domain name. Unlimited
79 end users may access the Software through the single central processing
80 unit where it is running. If licensee has purchased a 10-domain or 100-domain
81 license, up to that number of additional IP addresses or Virtual Domains
82 may be configured for use with the Software. Other numbers of domains may
83 be agreed upon separately by the parties.</P>
84
85 <P>3.3 In the event this Agreement pertains to a Site license, Licensee
86 has the right to use the Software on any processor or mainframe computer
87 and its associated peripheral equipment owned or operated by Licensee at
88 a single geographic location.</P>
89
90 <P>3.4 In the event this Agreement pertains to a per-Seat license, Licensee
91 has the right for a single user to use the software on a single computer
92 per Seat purchased. In this case the Software will not be made available
93 to additional users via Intranet or Internet, but will be used locally
94 by each licensed user.</P>
95
96 <P>IV. ROYALTIES AND PAYMENTS</P>
97
98 <P>4.1 This agreement takes effect and is executed only upon receipt of
99 full Payment by Licensor from Licensee. The amount shall be as according
100 to the published schedule on the Licensor's website, http://webglimpse.net,
101 or by separate agreement between Licensor and Licensee.</P>
102
103
104 <P>V. TERM AND TERMINATION</P>
105
106 <P>7.1 Discretionary Termination by Licensee. Licensee, at its option,
107 shall have the right to terminate this Agreement with respect to any license
108 or right granted herein at any time and from time to time with respect
109 to any of the Licensor Software. Any such termination shall be made by
110 written notice to Licensor and shall become effective 90 days after giving
111 such notice. If such termination is made in writing within 60 days of receiving
112 access to Software, Licensor shall refund amounts paid by Licensee to purchase
113 Software. Any amounts paid by Licensee for support or services shall not
114 be refunded.</P>
115
116 <P>7.2 Discretionary Termination by Licensor. Licensor, at its option,
117 shall have the right to terminate this Agreement within 60 days of execution,
118 with respect to any license or right granted herein with respect to any
119 of the Licensor Software. Any such termination shall be made by written
120 notice to Licensee and shall become effective 90 days after giving such
121 notice. If such termination is made by Licensor, Licensor shall refund
122 all amounts paid by Licensee in relation to Software. </P>
123
124 <P>VI. GENERAL</P>
125
126 <P>5.1 Governing Law and Arbitration. The validity, construction, and performance
127 of this Agreement shall be governed by the substantive laws of Arizona.
128 The parties agree that any dispute arising under this agreement shall be
129 resolved by arbitration pursuant to the Arizona Uniform Rules of Procedure
130 for Arbitration, and the location of arbitration shall be Tucson, Arizona.
131 The decision of the arbitrator(s) shall be final.</P>
132
133 <P>5.2 Conflict of Interest. This Agreement is subject to the provisions
134 of A.R.S. 38-511 and the State of Arizona may cancel this Contract if any
135 person significantly involved in negotiating, drafting, securing or obtaining
136 this Contract for or on behalf of the Arizona Board of Regents becomes
137 an employee in any capacity of any other party or a consultant to any other
138 party with reference to the subject matter of this Contract while the Contract
139 or any extension hereof is in effect.</P>
140
141 <P>5.3 Non-discrimination. The parties agree to be bound by applicable
142 state and federal rules governing Equal Employment Opportunity and Non-Discrimination.</P>
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