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diff --git a/licenses/glimpse b/licenses/glimpse new file mode 100644 index 000000000..209c0e07b --- /dev/null +++ b/licenses/glimpse @@ -0,0 +1,145 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 3.2//EN"> +<HTML> +<HEAD> + <TITLE></TITLE> + <META NAME="Author" CONTENT=""> + <META NAME="GENERATOR" CONTENT="Mozilla/3.01Gold (Win95; I) [Netscape]"> +</HEAD> +<BODY bgcolor="#ffffdd"> + +<P><FONT SIZE=+2>Glimpse/Webglimpse Software Licensing Agreement </FONT></P> + +<P>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.</P> + +<P>WITNESSETH:</P> + +<P>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.</P> + +<P>NOW, THEREFORE, in consideration of the mutual covenants and premises +herein contained, the Parties hereto agree as follows:</P> + +<P>I. LICENSE </P> + +<P>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.</P> + +<P>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.</P> + +<P>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. </P> + +<P>II. WARRANTY</P> + +<P>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.</P> + +<P>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.</P> + +<P>III. OPERATING ENVIRONMENT</P> + +<P>3.1 This Agreement is a [CPU, Site or per-Seat] license.</P> + +<P>3.2 In the event this Agreement pertains to a CPU license:</P> + +<P>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. </P> + +<P>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.</P> + +<P>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.</P> + +<P>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.</P> + +<P>IV. ROYALTIES AND PAYMENTS</P> + +<P>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.</P> + + +<P>V. TERM AND TERMINATION</P> + +<P>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.</P> + +<P>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. </P> + +<P>VI. GENERAL</P> + +<P>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.</P> + +<P>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.</P> + +<P>5.3 Non-discrimination. The parties agree to be bound by applicable +state and federal rules governing Equal Employment Opportunity and Non-Discrimination.</P> + +</BODY> +</HTML> |