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authorV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
committerV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
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+Glimpse/Webglimpse Software Licensing Agreement
+
+THIS SOFTWARE LICENSING AND ROYALTY AGREEMENT (this "Agreement") is made
+by and between Internet WorkShop (hereinafter "Licensor"), as per resale
+license granted by The Arizona Board of Regents for The University of
+Arizona, and "Licensee", a company or individual who has purchased the
+SOFTWARE from Internet Workshop.
+
+WITNESSETH:
+
+WHEREAS, Licensor is the author of, or has acquired the rights to,
+certain computer software programs, documentation, and related written
+materials (collectively "Software") specifically Glimpse and Webglimpse,
+and Licensee desires to acquire a right and license to use Licensor's
+Software under the terms and conditions set forth herein.
+
+NOW, THEREFORE, in consideration of the mutual covenants and premises
+herein contained, the Parties hereto agree as follows:
+
+I. LICENSE
+
+1.1 Scope of License Grant. In consideration of the agreement of
+Licensee to pay royalties hereunder, Licensor hereby grants to Licensee
+the nonexclusive, nontransferable right and license to use Licensor's
+Software subject to the terms and conditions of this agreement. The
+Software is licensed for use solely for Licensee's internal applications
+in the normal course of Licensee's business. No rights to sublicense or
+market the Software or Documentation are granted. All rights not
+specifically granted to Licensee by this license shall remain in
+Licensor.
+
+1.4 Right to Copy. Licensee shall not copy the Software, in whole or in
+part, except as expressly provided in this section. The Software may be
+copied in whole or in part, in printed or machine-readable form, for
+archival storage or emergency restart purposes, or to replace a worn
+copy.
+
+1.5 If Licensee obtains source code under this agreement, Licensee
+agrees it will not use the source code or any associated Licensor
+proprietary information for any purpose other than Licensee's internal
+needs and in particular not for the purpose of development or
+distribution of any product or program similar to, or competitive with,
+the Software.
+
+II. WARRANTY
+
+2.1 LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY
+DISCLAIMS OTHER WARRANTIES, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY
+OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
+SHALL LICENSOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR
+CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, OR FOR LOST DATA OR
+DOWNTIME, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF
+SUCH DAMAGES.
+
+2.2 LICENSEE AGREES THAT ITS SOLE REMEDY AGAINST LICENSOR OR ITS
+REPRESENTATIVES FOR LOSS OR DAMAGE CAUSED BY ANY DEFECT OR FAILURE OF
+THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
+TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE (I)
+THE REPAIR OR REPLACEMENT OF THE SOFTWARE OR (II) IF SUCH REPAIR CANNOT
+BE MADE OR AN EQUIVALENT REPLACEMENT CANNOT BE PROVIDED, THE REFUND OF
+AMOUNTS PREVIOUSLY PAID BY LICENSEE.
+
+III. OPERATING ENVIRONMENT
+
+3.1 This Agreement is a [CPU, Site or per-Seat] license.
+
+3.2 In the event this Agreement pertains to a CPU license:
+
+3.2.1 Licensee shall have the right to use the Software only on a single
+designated single central processing unit or mainframe computer and its
+associated peripheral units.
+
+If Licensee has purchased a single-domain license, the Software shall be
+made accessible via a single IP address and/or domain name. Unlimited
+end users may access the Software through the single central processing
+unit where it is running. If licensee has purchased a 10-domain or
+100-domain license, up to that number of additional IP addresses or
+Virtual Domains may be configured for use with the Software. Other
+numbers of domains may be agreed upon separately by the parties.
+
+3.3 In the event this Agreement pertains to a Site license, Licensee has
+the right to use the Software on any processor or mainframe computer and
+its associated peripheral equipment owned or operated by Licensee at a
+single geographic location.
+
+3.4 In the event this Agreement pertains to a per-Seat license, Licensee
+has the right for a single user to use the software on a single computer
+per Seat purchased. In this case the Software will not be made available
+to additional users via Intranet or Internet, but will be used locally
+by each licensed user.
+
+IV. ROYALTIES AND PAYMENTS
+
+4.1 This agreement takes effect and is executed only upon receipt of
+full Payment by Licensor from Licensee. The amount shall be as according
+to the published schedule on the Licensor's website,
+http://webglimpse.net, or by separate agreement between Licensor and
+Licensee.
+
+
+V. TERM AND TERMINATION
+
+7.1 Discretionary Termination by Licensee. Licensee, at its option,
+shall have the right to terminate this Agreement with respect to any
+license or right granted herein at any time and from time to time with
+respect to any of the Licensor Software. Any such termination shall be
+made by written notice to Licensor and shall become effective 90 days
+after giving such notice. If such termination is made in writing within
+60 days of receiving access to Software, Licensor shall refund amounts
+paid by Licensee to purchase Software. Any amounts paid by Licensee for
+support or services shall not be refunded.
+
+7.2 Discretionary Termination by Licensor. Licensor, at its option,
+shall have the right to terminate this Agreement within 60 days of
+execution, with respect to any license or right granted herein with
+respect to any of the Licensor Software. Any such termination shall be
+made by written notice to Licensee and shall become effective 90 days
+after giving such notice. If such termination is made by Licensor,
+Licensor shall refund all amounts paid by Licensee in relation to
+Software.
+
+VI. GENERAL
+
+5.1 Governing Law and Arbitration. The validity, construction, and
+performance of this Agreement shall be governed by the substantive laws
+of Arizona. The parties agree that any dispute arising under this
+agreement shall be resolved by arbitration pursuant to the Arizona
+Uniform Rules of Procedure for Arbitration, and the location of
+arbitration shall be Tucson, Arizona. The decision of the arbitrator(s)
+shall be final.
+
+5.2 Conflict of Interest. This Agreement is subject to the provisions of
+A.R.S. 38-511 and the State of Arizona may cancel this Contract if any
+person significantly involved in negotiating, drafting, securing or
+obtaining this Contract for or on behalf of the Arizona Board of Regents
+becomes an employee in any capacity of any other party or a consultant
+to any other party with reference to the subject matter of this Contract
+while the Contract or any extension hereof is in effect.
+
+5.3 Non-discrimination. The parties agree to be bound by applicable
+state and federal rules governing Equal Employment Opportunity and
+Non-Discrimination.