|
The University of Edinburgh
Fee-free use (no modifications) Licence
for [Software Package]
Copyright (C), [2004], The University Court of the University of Edinburgh, Old College,
Edinburgh, UK
PLEASE READ THIS LICENCE ("THE LICENCE") CAREFULLY.
THE UNIVERSITY COURT OF THE UNIVERSITY OF EDINBURGH, OLD COLLEGE,
EDINBURGH, EH8 9YL, UK ("EDINBURGH") ACTING THROUGH THE ITS SCHOOL
OF INFORMATICS, INFORMATICS FORUM, 10 CRICHTON STREET, EDINBURGH,
EH8 9AB, UK HAS DEVELOPED THE [Software Package] ("SOFTWARE") AND IS
WILLING TO GRANT YOU A LICENCE TO SOFTWARE ON THE FOLLOWING
TERMS AND CONDITIONS.
BY CLICKING ON THE 'ACCEPT' BUTTON, YOU ("THE USER") ACKNOWLEDGE THAT YOU
HAVE READ AND UNDERSTOOD THIS LICENCE AND AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS.
IF YOU DO NOT ACCEPT ALL THE TERMS OF THIS LICENCE, EDINBURGH GRANTS NO
LICENCE TO USE SOFTWARE, AND THEREFORE YOU SHOULD CLICK ON THE 'REJECT'
BUTTON TO EXIT THIS PROCESS.
IN ORDER TO COMPLETE THIS PROCESS, WE REQUEST THAT YOU PROVIDE US WITH
CERTAIN PERSONAL INFORMATION. THE PERSONAL INFORMATION THAT WE COLLECT
WILL ONLY BE USED BY US FOR ADMINISTRATIVE PURPOSES. IT WILL NOT BE PASSED
ON TO OTHERS WITHOUT YOUR CONSENT.
This Licence is made on the date on which the User clicks on the 'ACCEPT' button
between
Name of individual or institution:
Address:
City, postal code, country:
represented for the purpose of the signature of this Licence by
Name:
Email:
Telephone:
Fax:
(`the User')
and the University Court of the University of Edinburgh
Old College, South Bridge, Edinburgh EH8 9YL
(`Edinburgh')
LICENCE CONDITIONS
1 Ownership
1.1 Edinburgh is the owner and proprietor of copyright, database right and all other
intellectual property rights in and to SOFTWARE and related documentation.
1.2 SOFTWARE is confidential and proprietary to Edinburgh and Edinburgh retains title
and ownership of SOFTWARE and related documentation at all times. All copies of
SOFTWARE and related documentation are the property of Edinburgh regardless of
the medium in which such copies may exist.
1.3 The User undertakes to adopt any security measures needed to protect Edinburgh's
copyright, database right and other intellectual property rights in SOFTWARE and
related documentation and undertakes to take all reasonable steps to ensure that no
unauthorised use is made of SOFTWARE and related documentation.
2 Fee-free Licence
2.1 Subject to the conditions of this Licence Edinburgh grants to the User a non-
exclusive, non-transferable, world-wide royalty-free licence to use SOFTWARE and
related documentation, without the right to sub-licence, on computers within the
possession or control of the User and to make any necessary copies for back-up.
2.2 The User may use the SOFTWARE and related documentation for any commercial
purpose.
2.3 The User may modify the SOFTWARE but only for the User's internal purposes.
2.4 The User may incorporate SOFTWARE or any part thereof or allow it to be
incorporated in any other software but only for the User's internal purposes.
2.5 The User may disclose SOFTWARE only to those of its employees who have a need
to know and access SOFTWARE provided that (i) such employee's use of
SOFTWARE takes place exclusively on computers controlled by the User and (ii) the
User has appropriate written agreements with such employees to enable the User to
comply with the conditions of this Licence.
3 Licence Restrictions
3.1 The User may not use, copy, modify or transfer SOFTWARE, in whole or in part,
except as expressly provided for in this licence.
3.2 The User may not translate, reverse engineer, decompile, disassemble, modify or
create derivative works based on SOFTWARE except as expressly permitted by law
or by this Licence.
3.3 The User may not rent, lease, sublicense, sell, assign, pledge, transfer or otherwise
dispose of SOFTWARE, on a temporary or permanent basis, without the prior written
consent of Edinburgh and subject to any conditions imposed by the Edinburgh.
3.4 The User shall not incorporate SOFTWARE or any part thereof or allow it to be
incorporated in any other software except as expressly provided for in this licence.
4 Term
4.1 Subject to condition 4.2 the licence shall be for an initial period of Twelve Months
from the date that the User accepted these conditions and shall remain in force
thereafter unless and until terminated in accordance with condition 4.2.
4.2 This licence may be terminated by:
4.1.1 the User at any time by destroying its copy of SOFTWARE together with
all copies in any form and notifying Edinburgh in writing of such
destruction; and / or
4.1.2 Edinburgh at any time by notice in writing to the User if the User fails to
comply with any material term or condition of this licence provided that
the User has not cured the failure to comply in all material respects within
60 days of the date of the User's receipt of such notice.
4.3 The User agrees upon expiry or termination of this licence to cease use immediately
of the SOFTWARE and to destroy forthwith its copy of SOFTWARE together with
all copies in any form. Such termination shall be without prejudice to any claim
which Edinburgh may have for damages and/or otherwise.
5 No Use of Name
5.1 The User must not without prior written permission use the name, trademarks or logo
of Edinburgh for any purpose or claim any association with Edinburgh by virtue of
this licence.
6. No Maintenance
6.1 Edinburgh is not obliged to provide any maintenance, fault correction, patches,
technical support or updates to the User for SOFTWARE.
7 Disclaimer of Warranty and Limitation of Liability
7.1 BECAUSE OF THE EXPERIMENTAL NATURE OF SOFTWARE,
EDINBURGH GIVES NO WARRANTY TO THE USER THAT
SOFTWARE IS FREE FROM DEFECTS OR FAULTS. SOFTWARE IS
PROVIDED"AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. EDINBURGH MAKES NO
REPRESENTATION ABOUT THE SUITABILITY OF SOFTWARE FOR
ANY PURPOSE.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT
SHALL EDINBURGH AND / OR ITS EMPLOYEES BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL LOSS AND / OR DAMAGES OF ANY KIND
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; FAILURE TO MAKE ANTICIPATED
SAVINGS; COSTS OF WASTED TIME; COSTS OF MISSED BUSINESS
OPPORTUNITIES; GOODWILL; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR DELICT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF, OR INABILITY TO USE, THIS SOFTWARE,
EVEN IF SUCH WAS REASONABLY FORESEEABLE OR IF
EDINBURGH AND / OR ITS EMPLOYEES WERE ADVISED OF THE
POSSIBILITY OF SUCH LOSS AND / OR DAMAGE. EDINBURGH DOES
NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY
CAUSED BY THE NEGLICENCE OF EDINBURGH OR ITS
EMPLOYEES.
8 No waiver
8.1 Failure by Edinburgh to exercise or enforce any rights in this licence shall not be
deemed to be a waiver of any such right nor operate so as to bar the exercise or
enforcement thereof at any time or times thereafter.
9 Indemnification
9.1 The User agrees to indemnify and keep indemnified at all times Edinburgh on
demand against any liability, loss or damage incurred by Edinburgh which arises
directly or indirectly out of any breach of any of the undertakings or obligations
on the part of the User contained in this licence or in respect of the use of
SOFTWARE by the User howsoever arising (save for such liability, loss or
damages directly and solely caused by the wilful negligence of Edinburgh).
10 Notices
10.1 Any notice shall be deemed given when received by the other party.
11 Entire Licence and Severability
11.1 This licence constitutes the entire agreement between Edinburgh and the User
with respect to the subject matter hereof and supersedes all prior written or oral
understandings, communications or agreements. This licence may be modified
only by written agreement duly signed by authorised representatives of both
Edinburgh and the User.
11.2 If any part of the conditions or exclusions contained in this licence is held to be
void or unenforceable, such part shall be deemed to be deleted from this licence
and the remainder of the provision in question shall continue in full force and
effect.
12 Employee authorisation warranty
12.1 If a person who is an employee completes this Licence and the SOFTWARE is to
be used for the purposes of the business in which that person is employed then the
person completing the Licence warrants to Edinburgh that s/he is authorised to
enter into this Licence.
13 Use and Export Control
13.1 THE SOFTWARE MUST NOT BE
13.1.1 EXPORTED TO ANY COUNTRY ON WHICH EXPORT
RESTRICTIONS ARE CURRENTLY IMPOSED BY ANY
LEGISLATION, REGULATIONS, ORDERS OR OTHER
RESTRICTIONS MADE FROM TIME TO TIME BY EITHER THE
UNITED KINGDOM OR THE EUROPEAN UNION; AND / OR
13.1.2 USED (IN WHOLE OR PART) CONTRARY TO ANY
RESTRICTION ON USE IMPOSED BY ANY LEGISLATION,
REGULATIONS, ORDERS OR OTHER RESTRICTIONS MADE
FROM TIME TO TIME BY EITHER THE UNITED KINGDOM OR
THE EUROPEAN UNION.
14 Governing Law
14.1 This licence shall be governed by and construed in accordance with the law of
Scotland and the parties hereby prorogate the exclusive jurisdiction of the courts
in Scotland.
INFO055 – Fee-Free Use Licence version 1.1 AF 02.06.03 Page 5 of 5
INFO055 – Fee-Free Use Licence version 1.1 AF 02.06.03 - 1 -
Please use your Back button to return to the previous page
|
Informatics Forum, 10 Crichton Street, Edinburgh, EH8 9AB, Scotland, UK
Tel: +44 131 651 5661, Fax: +44 131 651 1426, E-mail: school-office@inf.ed.ac.uk Please contact our webadmin with any comments or corrections. Logging and Cookies Unless explicitly stated otherwise, all material is copyright © The University of Edinburgh |
