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Diffstat (limited to 'licenses/glimpse')
| -rw-r--r-- | licenses/glimpse | 145 |
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diff --git a/licenses/glimpse b/licenses/glimpse deleted file mode 100644 index 209c0e07b..000000000 --- a/licenses/glimpse +++ /dev/null @@ -1,145 +0,0 @@ -<!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> |