diff options
author | V3n3RiX <venerix@redcorelinux.org> | 2017-10-09 18:53:29 +0100 |
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committer | V3n3RiX <venerix@redcorelinux.org> | 2017-10-09 18:53:29 +0100 |
commit | 4f2d7949f03e1c198bc888f2d05f421d35c57e21 (patch) | |
tree | ba5f07bf3f9d22d82e54a462313f5d244036c768 /licenses/glimpse |
reinit the tree, so we can have metadata
Diffstat (limited to 'licenses/glimpse')
-rw-r--r-- | licenses/glimpse | 142 |
1 files changed, 142 insertions, 0 deletions
diff --git a/licenses/glimpse b/licenses/glimpse new file mode 100644 index 000000000000..cde66dd4ac09 --- /dev/null +++ b/licenses/glimpse @@ -0,0 +1,142 @@ +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. |