HELP POPLOG_LICENCE Updated by Aaron Sloman, 11 Jul 1999
MUCH OF THE FILE BELOW IS NOW OUT OF DATE. IT IS RETAINED FOR HISTORICAL
INTEREST ONLY.
FOR UP TO DATE INFORMATION SEE
http://www.cs.bham.ac.uk/research/poplog/poplog.info.html
http://www.poplog.org
Poplog licence terms & conditions are no longer relevant as Poplog is
freely available. For current details see the above internet addresses,
or post enquiries to the comp.lang.pop newsgroup.
The free versions of Poplog are supplied "as is", at the sole risk of
users, and with no warranty of any sort. All claims regarding usability
or suitability of poplog or any of its languages are merely personal
opinions of individuals making those claims, and do not necessarily
express views or commitments of the organisations for which they work.
Regarding bug reports see HELP BUGFORM
THE REMAINDER OF THIS FILE HAS NO STATUS WHATSOEVER EXCEPT AS A
HISTORICAL RECORD OF THE LICENSING TERMS WHEN POPLOG WAS A COMMERCIAL
PRODUCT.
CONTENTS - (Use <ENTER> g to access required sections)
1 Agreement
2 Scope
3 Sub-Licence
4 Term
5 Confidentiality
6 Acceptance and Payment
7 Patent and copyright indemnification
8 Warranty
9 Notices
10 Assignment
11 Law
12 Trade Mark
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1 Agreement
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By an Agreement made between University of Sussex (referred to as
'Licensor') located at Sussex House, Falmer, Brighton, Sussex, BN1 9RH,
England, and Integral Solutions Limited, (referred to as 'Licensee')
whose registered office is 9 Portland Square, Bristol, BS2 8ST, England,
Licensor granted to Licensee a licence in respect of certain computer
programs known as Poplog (including inter alia the Sub-Licensed Program
hereinafter specified) with the right to grant sub-licences
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2 Scope
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These terms and conditions shall take precedence over the terms and
conditions shown on the Sub-Licensee's order documentation and the
acceptance (as defined in Clause 5 below) by Sub-Licensee of the
Sub-Licensed Program or optional materials such as tapes or listings
from the Licensee shall be conclusive evidence that the Sub-Licensee
accepts the items subject to these terms and conditions.
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3 Sub-Licence
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The Sub-Licence allows the Sub-Licensee and his sub-contractors when
working on the Sub-Licensee's business to use the Sub-Licensed Program
on a non-exclusive basis only on the Designated Equipment. The
Sub-Licensee may not otherwise provide any Sub-Licensed program, in any
form to any other person.
For the purposes of this clause 'use' shall mean:
Copying all or any portion of any Licensed Program from store units or
media into equipment for processing, operating upon or with other
programs or for producing copies for security and includes utilising the
documentation associated with the Licensed Program in supporting these
actions.
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4 Term
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(a) Subject as in hereinafter provided this Sub-Licence shall take
effect from the date of acceptance and continue thereafter for the
period specified in the Schedule hereto.
(b) The Sub-Licence may be terminated by Licensee if Sub-Licensee fails
to comply with any of these terms and conditions or the terms and
conditions of any other Licence Agreement between Licensee and
Sub-Licensee.
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5 Confidentiality
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During the term of the Sub-License and thereafter the Sub-Licensee will
hold secret and confidential and will not disclose in any way the
Sub-Licensed Program or associated documentation or any part thereof.
The Sub-Licensee shall exercise all necessary precautions to safeguard
the secrecy of the Sub-Licensed Program and to prevent the unauthorised
disclosure to anyone other than those of the Sub-Licensee's employees to
whom it is necessary to disclose the Sub-Licensed Program for the
Sub-Licensee's use.
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6 Acceptance and Payment
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On receipt of the Sub-Licensed Program the Sub-Licensee shall install
the program on the Designated Equipment. On successful installation the
Sub-Licensee may issue to the Licensee an Acceptance Certificate.
If the Sub-Licensee neither issues an Acceptance Certificate nor rejects
the program and returns it to the Licensee within 15 days of first
receiving it, acceptance shall be deemed to have taken place.
Payment of the sub-licence fee shall be due immediately on acceptance.
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7 Patent and copyright indemnification
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Licensee represents that it is not aware that the Sub-Licence and rights
granted hereby infringe any UK copyright or other third party UK rights.
Sub-Licensee will promptly notify Licensee in writing of any action or
claim brought against Sub-Licensee based on a claim that the
Sub-Licensed Program infringes any copyright or other right vested in
any third party. Licensee will arrange to defend such action at no cost
to Sub-Licensee and pay the costs and damages awarded in any such action
provided that Licensee shall have the sole control of the defence of any
such action and all negotiations for its settlement or compromise and
provided further that Sub-Licensee shall not admit on its own behalf or
on the behalf of Licensee infringement by the Sub-Licensed Program of
any third party rights. Sub-Licensee shall assist Licensee in its
defence of any such action provided however that the reasonable cost and
expenses by Sub-Licensee in rendering any such assistance shall be borne
by Licensee. If any such action has occurred or is contemplated
Sub-Licensee agrees to permit Licensee at the option and expense of
Licensee either to procure the right to continue to use the Sub-Licensed
Program or to modify or replace the same insofar as it is able to do so
in order that the Sub-Licensed Program as so modified or replaced shall
become non-infringing. In no event shall Licensee's liability to
Sub-Licensee under or as a result of compliance with this sub-clause
exceed the license fee paid to Licensee by Sub-Licensee for the alleged
infringing Sub-Licensed Program. The foregoing provisions of this clause
constitute the entire obligation and liability of Licensee with respect
to the infringement of copyright or other third party rights by the
Sub-Licensed Program to be furnished hereunder.
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8 Warranty
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Licensee warrants that discrepancies between Sub-Licensed Program and
Licensee's relevant specifications reported by Sub-Licensee during the
period stated herein will be corrected by Licensee without further
payment by Sub-Licensee.
Except for the express warranty stated above, and the warranty in
respect of Patent infringement given in Clause 6, Licensee grants no
warranties either express or implied, on any Sub-Licensed Program,
including all implied warranties of merchantability and fitness for a
particular purpose, and the stated express warranty is in lieu of all
liabilities or obligations of Licensee for damages other than for
personal injury and death caused by Licensee's negligence.
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9 Notices
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All notices required to be given hereunder shall be deemed to be
properly served if sent by pre-paid post to the address of the other
party shown overleaf and shall be deemed to have been served 24 hours
after such letter was posted.
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10 Assignment
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Sub-Licensee may not assign the Sub-Licence, or grant further
sub-licences, deliver the Sub-Licensed Program to a purchaser, or other
operator or dispose of, give away, loan, exchange, throw away, copy or
offer on a bureau basis the Sub-Licensed Program and associated
documentation or any part thereof.
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11 Law
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This Agreement shall be governed by the laws of England.
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12 Trade Mark
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Poplog is a registered trade mark of the University of Sussex.
--- C.all/help/poplog_licence
--- Copyright University of Sussex 1995. All rights reserved.