commit: 4510ec33dae2853bb10e59e79e439fd8c0414648 Author: Ulrich Müller <ulm <AT> gentoo <DOT> org> AuthorDate: Fri May 20 14:58:51 2016 +0000 Commit: Ulrich Müller <ulm <AT> gentoo <DOT> org> CommitDate: Fri May 20 15:04:50 2016 +0000 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=4510ec33
licenses: Fix encoding issues in various files. licenses/IDEA | 4 +- licenses/IDEA_Academic | 6 +- licenses/IDEA_Classroom | 4 +- licenses/IDEA_OpenSource | 4 +- licenses/IDEA_Personal | 4 +- licenses/PyCharm | 129 +++++++++++++++++++++- licenses/PyCharm_Academic | 121 ++++++++++++++++++++- licenses/PyCharm_Classroom | 120 ++++++++++++++++++++- licenses/PyCharm_OpenSource | 111 ++++++++++++++++++- licenses/PyCharm_Preview | 18 ++-- licenses/glimpse | 253 ++++++++++++++++++++++---------------------- 11 files changed, 622 insertions(+), 152 deletions(-) diff --git a/licenses/IDEA b/licenses/IDEA index 6a8be73..bbe3d91 100644 --- a/licenses/IDEA +++ b/licenses/IDEA @@ -1,4 +1,4 @@ -LICENSE AGREEMENT FOR INTELLIJ IDEA +LICENSE AGREEMENT FOR INTELLIJ IDEA (Commercial License) Version 10, Effective as of August 23, 2014 @@ -110,4 +110,4 @@ For exceptions or modifications to this Agreement, please contact Licensor at: Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic Fax: +420 241 722 540 -E-mail: [email protected] \ No newline at end of file +E-mail: [email protected] diff --git a/licenses/IDEA_Academic b/licenses/IDEA_Academic index c547bb8..860d4c0 100644 --- a/licenses/IDEA_Academic +++ b/licenses/IDEA_Academic @@ -1,4 +1,4 @@ -LICENSE AGREEMENT FOR INTELLIJ IDEA +LICENSE AGREEMENT FOR INTELLIJ IDEA (Academic License) Version 10, Effective as of August 23, 2014 @@ -86,7 +86,7 @@ SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES 12. DISCLAIMER OF DAMAGES (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. -(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. +(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. 13. EXPORT REGULATIONS @@ -114,4 +114,4 @@ For exceptions or modifications to this Agreement, please contact Licensor at: Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic Fax: +420 241 722 540 -E-mail: [email protected] \ No newline at end of file +E-mail: [email protected] diff --git a/licenses/IDEA_Classroom b/licenses/IDEA_Classroom index 842f71d..4ccf46c 100644 --- a/licenses/IDEA_Classroom +++ b/licenses/IDEA_Classroom @@ -1,4 +1,4 @@ -LICENSE AGREEMENT FOR INTELLIJ IDEA +LICENSE AGREEMENT FOR INTELLIJ IDEA (Classroom License) Version 12, Effective as of August 23, 2014 @@ -102,4 +102,4 @@ For exceptions or modifications to this Agreement, please contact Licensor at: Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic Fax: +420 241 722 540 -E-mail: [email protected] \ No newline at end of file +E-mail: [email protected] diff --git a/licenses/IDEA_OpenSource b/licenses/IDEA_OpenSource index aec6876..f2f83b8 100644 --- a/licenses/IDEA_OpenSource +++ b/licenses/IDEA_OpenSource @@ -1,4 +1,4 @@ -LICENSE AGREEMENT FOR INTELLIJ IDEA +LICENSE AGREEMENT FOR INTELLIJ IDEA (Open Source Development License) Version 10, Effective as of August 23, 2014 @@ -97,4 +97,4 @@ For exceptions or modifications to this Agreement, please contact Licensor at: Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic Fax: +420 241 722 540 -E-mail: [email protected] \ No newline at end of file +E-mail: [email protected] diff --git a/licenses/IDEA_Personal b/licenses/IDEA_Personal index 380c453..4f31385 100644 --- a/licenses/IDEA_Personal +++ b/licenses/IDEA_Personal @@ -1,4 +1,4 @@ -LICENSE AGREEMENT FOR INTELLIJ IDEA +LICENSE AGREEMENT FOR INTELLIJ IDEA (Personal License) Version 10, Effective as of August 23, 2014 @@ -105,4 +105,4 @@ For exceptions or modifications to this Agreement, please contact Licensor at: Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic Fax: +420 241 722 540 -E-mail: [email protected] \ No newline at end of file +E-mail: [email protected] diff --git a/licenses/PyCharm b/licenses/PyCharm index be17ba8..cff6369 100644 --- a/licenses/PyCharm +++ b/licenses/PyCharm @@ -1 +1,128 @@ -LICENSE AGREEMENT FOR PYCHARM (Commercial and Personal License) IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE. 1. PARTIES (a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275. (b) "Licensee" means the individual or legal entity specified in the License Certificate. For legal entities, "Licensee" includes any entity which controls, is controlled by, or is under common control with Licensee. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. 2. DEFINITIONS (a) "Authorized User" means (i) if Licensee is an individual, solely Licensee; (ii) if Licensee is a legal entity, any employee, independent contractor and other temporary worker authorized by Licensee to use Software while performing duties within the scope of their employment or assignment. (b) "Client" means a computer device used by Authorized User for running Software. (c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form. (d) "License Key" means a unique key-code that enables a single Authorized User to use Software at a time. Only Licensor and/or its representatives are permitted to produce License Keys for Software. (e) "Licen se Server" means a server application that is designed to store License Keys and to enable access to Software from Clients within Licensee's local area network ("Licensee's LAN"). License Server may be optionally provided by Licensor to Licensee. (f) "Server Computer" means a central computer device that is part of Licensee's LAN and that is dedicated by Licensee to run License Server. (g) "Software" means software program known as PyCharm in binary form, including its documentation, upgrades provided pursuant to Section 8 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 5 of this Agreement by parties other than Licensor and that are either integrated with or made part of PyCharm (collectively, "Third Party Software"). 3. OWNERSHIP (a) Software is the property of Licensor or its suppliers. Software is licensed, not sold. Title and copyrights to Software, in whole and in part and all copies thereof, and all modifications, en hancements, derivatives and other alterations of Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers. (b) Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. 4. GRANT OF LICENSE Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable license to use Software as follows: (a) Licensee may: (i) install and use the licensed edition and version of Software specified in Licen se Certificate(s) on any number of Clients and on any operating system supported by Software, provided that a number of concurrent users of Software never exceeds the number of Authorized Users specified in the appropriate License Certificate(s) and that the same License Key is not used by multiple Authorized Users, on multiple Clients, or on different operating systems at a time; (ii) access Software from Clients via License Server if Licensee has obtained License Server from Licensor. Licensee may install multiple instances of License Server, provided that Licensee complies with restrictions set forth in this Section 4; and (iii) make one back-up copy of Software solely for archival purposes. (b) Licensee may not: (i) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer Software, or any portions of Software, to anyone without the prior written consent of Licensor; (ii) reverse engineer, decompile, disassemble, modify, translate, make any at tempt to discover the source code of Software, or create derivative works from Software; or (iii) allow the use of the same License Key by multiple Authorized Users, on multiple instances of License Server, on multiple Clients or on different operating systems at a time. Software may contain a feature preventing concurrent use of the same License Key by multiple Authorized Users, on multiple instances of License Server, on multiple Clients or on different operating systems at a time. (c) Additional Limitations for private individuals (applicable to Personal License only): If Licensee is a private individual, Licensee acknowledges that Software provided under this Agreement is only for his/her individual use and agrees to purchase Software using his/her own funds only. Notwithstanding anything to the contrary set forth above, Licensee may not use Software, and this Agreement shall not be in effect, in the event that Licensee does not pay Software license fee using Licensee�s own f unds, or if any third party pays Software license fee, or if Licensee expects or receives reimbursement for Software license fee from any third party. 5. THIRD PARTY SOFTWARE LICENSE Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to the applicable Third-Party Software. Licensee agrees and acknowledges that Sections 9 and 10 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software. LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE. 6. RESTRICTED USE DURING EVALUATION PERIOD (a) Subject to the terms of this Agreement, Licensee is granted a right to use Software for evaluation purposes without charge for a period of thirty (30) days from the date of installation of Software unless otherwise specified (Evaluation Period). (b) Licensees use of Software during Evaluation Period shall be limited to the internal evaluation of Software for the sole purpose of determining whether Software meets Licensees requirements and whether Licensee desires to continue using Software. (c) Upon expiration of Evaluation Period, Licensee must obtain License Key for perpetual use of Software or cease using Software. Software contains a feature that will automatically disable Software upon expiration of Evaluation Period. Licensee may not disable, destroy, or remove this feature of Software, and any attempt to do so will be in violation of this Agreement and will terminate Licensee's rights to use Softwar e. 7. LICENSE FEES AND PAYMENTS Licensee will pay to Licensor the license fee and other charges and expenses as set forth in an appropriate invoice or other purchase documentation. Licensor may charge Licensee interest for any payment that is more than thirty (30) days past due at the rate of one and one-half percent (1.5%) per month or the highest amount allowed by law, whichever is lower. 8. UPGRADES (a) All generally available Upgrades to Software will be free of charge to Licensee during the initial one (1) year period after purchase of Software. If Licensee obtains a new License Key for upgrade, Licensee shall destroy a License Key obtained for the previous version of Software. (b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Software available at www.jetbrains.com on the da y of upgrade purchase. 9. LIMITED WARRANTY SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 10. DISCLAIMER OF DAMAGES (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMA TION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ) ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. (b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. 11. EXPORT REGULATIONS Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or reside nt of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use. 12. TERM AND TERMINATION (a) Except as otherwise provided in License Certificate, the license granted herein shall be perpetual. (b) If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must cease using Software and delete Software from its Clients and archive s. LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT SOFTWARE NO LONGER OPERATES. 13. MARKETING Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section. 14. GENERAL (a) Licensor reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software. (b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee' s use of Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor. (c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination. (d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic. (e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns. For exceptions or modifications to this Agreement, please contact Licensor at: Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic Fax: +420 241 722 540 E-mail: [email protected] \ No newline at end of file +LICENSE AGREEMENT FOR PYCHARM +(Commercial and Personal License) + +IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. + +IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE. + +1. PARTIES + +(a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275. + +(b) "Licensee" means the individual or legal entity specified in the License Certificate. For legal entities, "Licensee" includes any entity which controls, is controlled by, or is under common control with Licensee. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. + +2. DEFINITIONS + +(a) "Authorized User" means (i) if Licensee is an individual, solely Licensee; (ii) if Licensee is a legal entity, any employee, independent contractor and other temporary worker authorized by Licensee to use Software while performing duties within the scope of their employment or assignment. + +(b) "Client" means a computer device used by Authorized User for running Software. + +(c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form. + +(d) "License Key" means a unique key-code that enables a single Authorized User to use Software at a time. Only Licensor and/or its representatives are permitted to produce License Keys for Software. + +(e) "License Server" means a server application that is designed to store License Keys and to enable access to Software from Clients within Licensee's local area network ("Licensee's LAN"). License Server may be optionally provided by Licensor to Licensee. + +(f) "Server Computer" means a central computer device that is part of Licensee's LAN and that is dedicated by Licensee to run License Server. + +(g) "Software" means software program known as PyCharm in binary form, including its documentation, upgrades provided pursuant to Section 8 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 5 of this Agreement by parties other than Licensor and that are either integrated with or made part of PyCharm (collectively, "Third Party Software"). + +3. OWNERSHIP + +(a) Software is the property of Licensor or its suppliers. Software is licensed, not sold. Title and copyrights to Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers. + +(b) Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. + +4. GRANT OF LICENSE + +Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable license to use Software as follows: + +(a) Licensee may: + +(i) install and use the licensed edition and version of Software specified in License Certificate(s) on any number of Clients and on any operating system supported by Software, provided that a number of concurrent users of Software never exceeds the number of Authorized Users specified in the appropriate License Certificate(s) and that the same License Key is not used by multiple Authorized Users, on multiple Clients, or on different operating systems at a time; + +(ii) access Software from Clients via License Server if Licensee has obtained License Server from Licensor. Licensee may install multiple instances of License Server, provided that Licensee complies with restrictions set forth in this Section 4; and + +(iii) make one back-up copy of Software solely for archival purposes. + +(b) Licensee may not: + +(i) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer Software, or any portions of Software, to anyone without the prior written consent of Licensor; + +(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of Software, or create derivative works from Software; or + +(iii) allow the use of the same License Key by multiple Authorized Users, on multiple instances of License Server, on multiple Clients or on different operating systems at a time. Software may contain a feature preventing concurrent use of the same License Key by multiple Authorized Users, on multiple instances of License Server, on multiple Clients or on different operating systems at a time. + +(c) Additional Limitations for private individuals (applicable to Personal License only): + +If Licensee is a private individual, Licensee acknowledges that Software provided under this Agreement is only for his/her individual use and agrees to purchase Software using his/her own funds only. Notwithstanding anything to the contrary set forth above, Licensee may not use Software, and this Agreement shall not be in effect, in the event that Licensee does not pay Software license fee using Licensee's own funds, or if any third party pays Software license fee, or if Licensee expects or receives reimbursement for Software license fee from any third party. + +5. THIRD PARTY SOFTWARE LICENSE + +Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to the applicable Third-Party Software. + +Licensee agrees and acknowledges that Sections 9 and 10 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software. + +LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE. + +6. RESTRICTED USE DURING EVALUATION PERIOD + +(a) Subject to the terms of this Agreement, Licensee is granted a right to use Software for evaluation purposes without charge for a period of thirty (30) days from the date of installation of Software unless otherwise specified (Evaluation Period). + +(b) Licensees use of Software during Evaluation Period shall be limited to the internal evaluation of Software for the sole purpose of determining whether Software meets Licensees requirements and whether Licensee desires to continue using Software. + +(c) Upon expiration of Evaluation Period, Licensee must obtain License Key for perpetual use of Software or cease using Software. Software contains a feature that will automatically disable Software upon expiration of Evaluation Period. Licensee may not disable, destroy, or remove this feature of Software, and any attempt to do so will be in violation of this Agreement and will terminate Licensee's rights to use Software. + +7. LICENSE FEES AND PAYMENTS + +Licensee will pay to Licensor the license fee and other charges and expenses as set forth in an appropriate invoice or other purchase documentation. Licensor may charge Licensee interest for any payment that is more than thirty (30) days past due at the rate of one and one-half percent (1.5%) per month or the highest amount allowed by law, whichever is lower. + +8. UPGRADES + +(a) All generally available Upgrades to Software will be free of charge to Licensee during the initial one (1) year period after purchase of Software. If Licensee obtains a new License Key for upgrade, Licensee shall destroy a License Key obtained for the previous version of Software. + +(b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Software available at www.jetbrains.com on the day of upgrade purchase. + +9. LIMITED WARRANTY + +SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. + +10. DISCLAIMER OF DAMAGES + +(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ) ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. + +(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. + +11. EXPORT REGULATIONS + +Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use. + +12. TERM AND TERMINATION + +(a) Except as otherwise provided in License Certificate, the license granted herein shall be perpetual. + +(b) If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must cease using Software and delete Software from its Clients and archives. + +LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT SOFTWARE NO LONGER OPERATES. + +13. MARKETING + +Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section. + +14. GENERAL + +(a) Licensor reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software. + +(b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor. + +(c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination. + +(d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic. + +(e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns. + +For exceptions or modifications to this Agreement, please contact Licensor at: + +Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic +Fax: +420 241 722 540 +E-mail: [email protected] diff --git a/licenses/PyCharm_Academic b/licenses/PyCharm_Academic index e7e74d3..3bfab14 100644 --- a/licenses/PyCharm_Academic +++ b/licenses/PyCharm_Academic @@ -1 +1,120 @@ -LICENSE AGREEMENT FOR PYCHARM (Academic License) IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE. 1. PARTIES (a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275. (b) "Licensee" means the individual who is a student, faculty or staff member at an educational institution, or the educational institution specified in the License Certificate, exercising rights under, and complying with all of the terms of, this Agreement. For purposes of this definition, "educational institution" means a public or private school, college, university or other post secondary educational establishment. 2. DEFINITIONS (a) "Authorized User" means (i) if Licensee is an individual, sole Licensee; (ii) if Licensee is an educational institution, any student, faculty or staff member authorized by Licensee to use Software while performing duties within the scope of their employment or assignment. (b) "Client" means a computer device used by Authorized User for running Software. (c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form. (d) "License Key" means a unique key-code that enables a single Authorized User to use Software at a time. Only Licensor and/or its representatives are permitted to produce License Keys for Software. (e) "Software" means software program known as PyCharm in binary form, including its documentation, upgrades provided purs uant to Section 8 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 5 of this Agreement by parties other than Licensor and that are either integrated with or made part of PyCharm (collectively, "Third Party Software"). 3. OWNERSHIP (a) Software is the property of Licensor or its suppliers. Software is licensed, not sold. Title and copyrights to Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers. (b) Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees t o abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. 4. GRANT OF LICENSE Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable license to use Software as follows: (a) Licensee may: (i) install and use the licensed edition and version of Software specified in License Certificate(s) on any number of Clients and on any operating system supported by Software, provided that a number of concurrent users of Software never exceeds the number of Authorized Users specified in the appropriate License Certificate(s) and that the same License Key is not used by multiple Authorized Users, on multiple Clients, or on different operating systems at a time; (ii) use Software for non-commercial, educational purposes only, including conducting academic research or providing educational services; and (iii) make one back-up copy of Software solely for archival purposes. (b) Licensee may not: (i) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer Software, or any portions of Software, to anyone without the prior written consent of Licensor; (ii) reverse-engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of Software, or create derivative works from Software; (iii) allow the use of the same License Key by multiple Authorized Users, on multiple Clients or on different operating systems at a time. Software may contain a feature preventing concurrent use of the same License Key by multiple Authorized Users, on multiple Clients or on different operating systems at a time; or (iv) use Software for any commercial purpose. 5. THIRD PARTY SOFTWARE LICENSE (a) Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to th e applicable Third-Party Software. (b) Licensee agrees and acknowledges that Sections 9 and 10 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software. (c) LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE. 6. RESTRICTED USE DURING EVALUATION PERIOD (a) Subject to the terms of this Agreement, Licensee is granted a right to use Software for evaluation purposes without charge for a period of thirty (30) days from the date of installation of Software unless otherwise specified (Ev aluation Period). (b) Licensees use of Software during Evaluation Period shall be limited to the internal evaluation of Software for the sole purpose of determining whether Software meets Licensees requirements and whether Licensee desires to continue using Software. (c) Upon expiration of Evaluation Period, Licensee must obtain License Key for perpetual use of Software or cease using Software. Software contains a feature that will automatically disable Software upon expiration of Evaluation Period. Licensee may not disable, destroy, or remove this feature of Software, and any attempt to do so will be in violation of this Agreement and will terminate Licensee's rights to use Software. 7. LICENSE FEES AND PAYMENTS Licensee will pay to Licensor the license fee and other charges and expenses as set forth in an appropriate invoice or other purchase documentation. Licensor may charge Licensee interest for any payment that is more than thirty (30) days past due at the rate of one and one-half percent (1.5%) per month or the highest amount allowed by law, whichever is lower. 8. UPGRADES (a) All generally available Upgrades to Software will be free of charge to Licensee during the initial one (1) year period after purchase of Software. If Licensee obtains a new License Key for upgrade, Licensee shall destroy a License Key obtained for the previous version of Software. (b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Software available at www.jetbrains.com on the day of upgrade purchase. 9. LIMITED WARRANTY SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES A ND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 10. DISCLAIMER OF DAMAGES (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ) ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILUR E TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. (b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. 11. EXPORT REGULATIONS Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technic al data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use. 12. TERMINATION If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must cease using Software and delete Software from its Clients and archives. LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT SOFTWARE NO LONGER OPERATES. 13. MARKETING Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or leg al documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section. 14. GENERAL (a) Licensor reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software. (b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licens or. (c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination. (d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic. (e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns. For exceptions or modifications to this Agreement, please contact Licensor at: Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic Fax: +420 241 722 540 E-mail: [email protected] \ No newline at end of file +LICENSE AGREEMENT FOR PYCHARM +(Academic License) + +IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. + +IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE. + +1. PARTIES + +(a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275. + +(b) "Licensee" means the individual who is a student, faculty or staff member at an educational institution, or the educational institution specified in the License Certificate, exercising rights under, and complying with all of the terms of, this Agreement. For purposes of this definition, "educational institution" means a public or private school, college, university or other post secondary educational establishment. + +2. DEFINITIONS + +(a) "Authorized User" means (i) if Licensee is an individual, sole Licensee; (ii) if Licensee is an educational institution, any student, faculty or staff member authorized by Licensee to use Software while performing duties within the scope of their employment or assignment. + +(b) "Client" means a computer device used by Authorized User for running Software. + +(c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form. + +(d) "License Key" means a unique key-code that enables a single Authorized User to use Software at a time. Only Licensor and/or its representatives are permitted to produce License Keys for Software. + +(e) "Software" means software program known as PyCharm in binary form, including its documentation, upgrades provided pursuant to Section 8 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 5 of this Agreement by parties other than Licensor and that are either integrated with or made part of PyCharm (collectively, "Third Party Software"). + +3. OWNERSHIP + +(a) Software is the property of Licensor or its suppliers. Software is licensed, not sold. Title and copyrights to Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers. + +(b) Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. + +4. GRANT OF LICENSE + +Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable license to use Software as follows: + +(a) Licensee may: + +(i) install and use the licensed edition and version of Software specified in License Certificate(s) on any number of Clients and on any operating system supported by Software, provided that a number of concurrent users of Software never exceeds the number of Authorized Users specified in the appropriate License Certificate(s) and that the same License Key is not used by multiple Authorized Users, on multiple Clients, or on different operating systems at a time; + +(ii) use Software for non-commercial, educational purposes only, including conducting academic research or providing educational services; and + +(iii) make one back-up copy of Software solely for archival purposes. + +(b) Licensee may not: + +(i) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer Software, or any portions of Software, to anyone without the prior written consent of Licensor; + +(ii) reverse-engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of Software, or create derivative works from Software; + +(iii) allow the use of the same License Key by multiple Authorized Users, on multiple Clients or on different operating systems at a time. Software may contain a feature preventing concurrent use of the same License Key by multiple Authorized Users, on multiple Clients or on different operating systems at a time; or + +(iv) use Software for any commercial purpose. + +5. THIRD PARTY SOFTWARE LICENSE + +(a) Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to the applicable Third-Party Software. + +(b) Licensee agrees and acknowledges that Sections 9 and 10 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software. + +(c) LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE. + +6. RESTRICTED USE DURING EVALUATION PERIOD + +(a) Subject to the terms of this Agreement, Licensee is granted a right to use Software for evaluation purposes without charge for a period of thirty (30) days from the date of installation of Software unless otherwise specified (Evaluation Period). + +(b) Licensees use of Software during Evaluation Period shall be limited to the internal evaluation of Software for the sole purpose of determining whether Software meets Licensees requirements and whether Licensee desires to continue using Software. + +(c) Upon expiration of Evaluation Period, Licensee must obtain License Key for perpetual use of Software or cease using Software. Software contains a feature that will automatically disable Software upon expiration of Evaluation Period. Licensee may not disable, destroy, or remove this feature of Software, and any attempt to do so will be in violation of this Agreement and will terminate Licensee's rights to use Software. + +7. LICENSE FEES AND PAYMENTS + +Licensee will pay to Licensor the license fee and other charges and expenses as set forth in an appropriate invoice or other purchase documentation. Licensor may charge Licensee interest for any payment that is more than thirty (30) days past due at the rate of one and one-half percent (1.5%) per month or the highest amount allowed by law, whichever is lower. + +8. UPGRADES + +(a) All generally available Upgrades to Software will be free of charge to Licensee during the initial one (1) year period after purchase of Software. If Licensee obtains a new License Key for upgrade, Licensee shall destroy a License Key obtained for the previous version of Software. + +(b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Software available at www.jetbrains.com on the day of upgrade purchase. + +9. LIMITED WARRANTY + +SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. + +10. DISCLAIMER OF DAMAGES + +(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ) ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. + +(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. + +11. EXPORT REGULATIONS + +Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use. + +12. TERMINATION + +If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must cease using Software and delete Software from its Clients and archives. + +LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT SOFTWARE NO LONGER OPERATES. + +13. MARKETING + +Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section. + +14. GENERAL + +(a) Licensor reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software. + +(b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor. + +(c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination. + +(d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic. + +(e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns. + +For exceptions or modifications to this Agreement, please contact Licensor at: + +Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic +Fax: +420 241 722 540 +E-mail: [email protected] diff --git a/licenses/PyCharm_Classroom b/licenses/PyCharm_Classroom index 68d2704..c799a24 100644 --- a/licenses/PyCharm_Classroom +++ b/licenses/PyCharm_Classroom @@ -1 +1,119 @@ -LICENSE AGREEMENT FOR PYCHARM (Classroom License) Version 11, Effective as of 16 May 2013 IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE. 1. PARTIES (a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na h?ebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275. (b) "Licensee" means a public or private school, college, training courses, university and other post secondary educational establishment specified in the License Certificate, exercising rights under, and complying with the terms of this Agreement. 2. DEFINITIONS (a) "Authorized User" means any student, faculty or staff member authorized by Licensee to use the Software while performing duties within the scope of their employment or assignment. (b) "Software" means software program known as IntelliJ IDEA in binary form, including its documentation, upgrades provided pursuant to Section 7 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 6 of this Agreement by parties other than Licensor and that either integrated with or made part of IntelliJ IDEA (collectively, "Third Party Software"). (c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form. (d) "License Key" means a unique key-code that enables Licensee to use the Software by multiple Authorized Users at a time. Only Licensor and/or its representatives are permitted to produce License Keys for t he Software. (e) "Client" means a computer device owned, leased or otherwise directly controlled by Licensee; that is part of Licensee's internal network domain, located at Licensee's permanent facilities, and used by Authorized User for running the Software. (f) "License Server" means a software program that issues and revokes License Tickets to/from Clients based on installed License Key. (g) "License ticket" means a token granted to a Client by the License Server in order to activate the Software installed on the Client. 3. OWNERSHIP (a) The Software is the property of Licensor or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers. (b) The Software is protected by United Sta tes Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. 4. GRANT OF LICENSE Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable, royalty-free license to use the Software for a period of 1 (one) year as follows: (a) Licensee may: (i) install and use the version of the Software that has been specified in License Certificate on any number of Clients; (ii) use the Software by Authorized Users solely in support of classroom instruction of students. The right to use the Software for any other p urposes is expressly prohibited; (iii) allow Authorized Users to install and use the Software for homework at their residencies on personally owned computers and process respective License Tickets, provided that they agree to all provisions of this Agreement; (iv) install License Server solely on its own Clients (in such a case the Section 4 letter a) iii) of this Agreement shall not apply); (v) process License Tickets to Clients; and (vi) make one back-up copy of the Software for archival purposes. (b) Licensee may not: (i) sell, redistribute (except as set forth in Paragraph 5 herein), encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of Licensor; (ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; or (iii) use the Software for any commercial pu rposes. Licensee agrees to comply with the terms of this Agreement, and to take reasonable measures to prevent use of the Software by Authorized Users in an inappropriate manner or access to the Software by unauthorized users. 5. THIRD PARTY SOFTWARE LICENSE (a) Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to the applicable Third-Party Software. (b) Licensee agrees and acknowledges that Sections 7 and 8 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software. (c) LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTA BILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE. 6. UPGRADES AND LICENSE RENEWAL (a) Upgrades to new versions of Software are optional and free of charge during the 1-year license term. Licensee may obtain the generally available new versions of Software by downloading them from Licensor's web site atwww.jetbrains.com. Licensee may renew its license for another year by submitting a written request to Licensor 30 (thirty) days prior to the license expiration date. (b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Software available at www.jetbrains.com on the day of upgrade download or license renewal. 7. LIMITED WARRANTY SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 8. DISCLAIMER OF DAMAGES (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. (b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. 9. EXPORT REGULATIONS Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use. 10. TERMINATION If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must delete Software from its computers and archives, and also ensure that it is deleted by Authorized Users. LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT SOFTWARE NO LONGER OPERATES. 11. MARKETING Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section. 12. GENERAL (a) Licensor reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software. (b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Software. No purchase order, other ordering document or any hand written or typewrit ten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor. (c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination. (d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic. (e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns. For exceptions or modifications to this Agreement, please contact Licensor at: Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic Fax: +420 241 722 540 E-mail: [email protected] \ No newline at end of file +LICENSE AGREEMENT FOR PYCHARM + (Classroom License) + + Version 11, Effective as of 16 May 2013 + +IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. +IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE. + +1. PARTIES + +(a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275. + +(b) "Licensee" means a public or private school, college, training courses, university and other post secondary educational establishment specified in the License Certificate, exercising rights under, and complying with the terms of this Agreement. + +2. DEFINITIONS + +(a) "Authorized User" means any student, faculty or staff member authorized by Licensee to use the Software while performing duties within the scope of their employment or assignment. + +(b) "Software" means software program known as IntelliJ IDEA in binary form, including its documentation, upgrades provided pursuant to Section 7 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 6 of this Agreement by parties other than Licensor and that either integrated with or made part of IntelliJ IDEA (collectively, "Third Party Software"). + +(c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form. + +(d) "License Key" means a unique key-code that enables Licensee to use the Software by multiple Authorized Users at a time. Only Licensor and/or its representatives are permitted to produce License Keys for the Software. + +(e) "Client" means a computer device owned, leased or otherwise directly controlled by Licensee; that is part of Licensee's internal network domain, located at Licensee's permanent facilities, and used by Authorized User for running the Software. + +(f) "License Server" means a software program that issues and revokes License Tickets to/from Clients based on installed License Key. + +(g) "License ticket" means a token granted to a Client by the License Server in order to activate the Software installed on the Client. + +3. OWNERSHIP + +(a) The Software is the property of Licensor or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, +enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers. + +(b) The Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. + +4. GRANT OF LICENSE + +Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable, royalty-free license to use the Software for a period of 1 (one) year as follows: + +(a) Licensee may: + +(i) install and use the version of the Software that has been specified in License Certificate on any number of Clients; + +(ii) use the Software by Authorized Users solely in support of classroom instruction of students. The right to use the Software for any other purposes is expressly prohibited; + +(iii) allow Authorized Users to install and use the Software for homework at their residencies on personally owned computers and process respective License Tickets, provided that they agree to all provisions of this Agreement; + +(iv) install License Server solely on its own Clients (in such a case the Section 4 letter a) iii) of this Agreement shall not apply); + +(v) process License Tickets to Clients; +and + +(vi) make one back-up copy of the Software for archival purposes. + +(b) Licensee may not: + +(i) sell, redistribute (except as set forth in Paragraph 5 herein), encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of Licensor; + +(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; or + +(iii) use the Software for any commercial purposes. + +Licensee agrees to comply with the terms of this Agreement, and to take reasonable measures to prevent use of the Software by Authorized Users in an inappropriate manner or access to the Software by unauthorized users. + +5. THIRD PARTY SOFTWARE LICENSE + +(a) Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to the applicable Third-Party Software. + +(b) Licensee agrees and acknowledges that Sections 7 and 8 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software. + +(c) LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE. + +6. UPGRADES AND LICENSE RENEWAL + +(a) Upgrades to new versions of Software are optional and free of charge during the 1-year license term. Licensee may obtain the generally available new versions of Software by downloading them from Licensor's web site atwww.jetbrains.com. Licensee may renew its license for another year by submitting a written request to Licensor 30 (thirty) days prior to the license expiration date. + +(b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Software available at www.jetbrains.com on the day of upgrade download or license renewal. + +7. LIMITED WARRANTY + +SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. + +8. DISCLAIMER OF DAMAGES + +(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. + +(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. + +9. EXPORT REGULATIONS + +Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use. + +10. TERMINATION + +If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must delete Software from its computers and archives, and also ensure that it is deleted by Authorized Users. +LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT SOFTWARE NO LONGER OPERATES. + +11. MARKETING + +Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section. + +12. GENERAL + +(a) Licensor reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software. + +(b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor. + +(c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination. + +(d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic. + +(e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns. +For exceptions or modifications to this Agreement, please contact Licensor at: + +Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic +Fax: +420 241 722 540 +E-mail: [email protected] diff --git a/licenses/PyCharm_OpenSource b/licenses/PyCharm_OpenSource index 3d2bd2b..713b36e 100644 --- a/licenses/PyCharm_OpenSource +++ b/licenses/PyCharm_OpenSource @@ -1 +1,110 @@ -LICENSE AGREEMENT FOR PYCHARM (Open Source Project Development License) IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE. 1. PARTIES (a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275. (b) "Licensee" means an open source development group specified in the License Certificate. 2. DEFINITIONS (a) "Authorized User" means a software developer or other open source development group member who is authorized by Licensee to use Software for the purpose of development of an open source project. (b) "Client" means a computer device used by Authorized User for running Software. (c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form. (d) "License Key" means a unique key-code that enables Licensee to use Software by multiple Authorized Users at a time. Only Licensor and/or its representatives are permitted to produce License Keys for Software. (e) "Software" means software program known as JetBrains PyCharm in binary form, including its documentation, upgrades provided pursuant to Section 6 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 5 of this Agreement by parties other than Licensor and that are either integrated with or made part of JetBrains PyCharm (collectively, "Third Party Software"). 3. OWNERSHIP (a) Software is the property of Licensor or its suppliers. Softw are is licensed, not sold. Title and copyrights to Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers. (b) Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. 4. GRANT OF LICENSE Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable, royalty -free license to use Software for a period of 1 (one) year as follows: (a) Licensee may: (i) install and use the licensed edition and version of Software on any number of Clients and on any operating system supported by Software; (ii) use Software by Authorized Users solely for the purpose of development of non-commercial open source projects that meet the Open Source Definition at: http://www.opensource.org/docs/osd The right to use Software for any other purposes is expressly prohibited, and; (iii) make one back-up copy of Software for archival purposes. (b) Licensee may not: (i) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer Software, or any portions of Software, to anyone without the prior written consent of Licensor; (ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of Software, or create derivative works from Software; or (iii) use Software for any commercial purpo ses. Licensee agrees to comply with the terms of this Agreement, and to take reasonable measures to prevent use of Software by Authorized Users in an inappropriate manner or access to Software by unauthorized users. 5. THIRD PARTY SOFTWARE LICENSE (a) Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to the applicable Third-Party Software. (b) Licensee agrees and acknowledges that Sections 7 and 8 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software. (c) LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FI TNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE. 6. UPGRADES AND LICENSE RENEWAL (a) Upgrades to new versions of Software are optional and free of charge during the 1-year license term. Licensee may obtain the generally available new versions of Software by downloading them from Licensor's web site at www.jetbrains.com. Licensee may renew its license for another year by submitting a written request to Licensor 30 (thirty) days prior to the license expiration date. (b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software or license renewal the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Software available at www.jetbrains.com on the day of upgrade purchase or license renewal. 7. LIMITED WARRANTY SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRA NTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. 8. DISCLAIMER OF DAMAGES (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ) ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. (b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. 9. EXPORT REGULATIONS Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-use r as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use. 10. TERMINATION If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must delete Software from its Clients and archives, and also ensure that it is deleted by Authorized Users. LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT SOFTWARE NO LONGER OPERATES. 11. MARKETING Licensee agree to be identified as a customer of Licensor and that Li censor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section. 12. GENERAL (a) Licensor reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software. (b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor. (c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination. (d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic. (e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provis ion of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns. For exceptions or modifications to this Agreement, please contact Licensor at: Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic Fax: +420 241 722 540 E-mail: [email protected] \ No newline at end of file +LICENSE AGREEMENT FOR PYCHARM +(Open Source Project Development License) + +IMPORTANT! READ CAREFULLY: THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. + +IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE. + +1. PARTIES + +(a) "Licensor" means JetBrains s.r.o., having its principal place of business at Na hrebenech II 1718/10, Prague, 14700, Czech Republic, registered with Commercial Register kept by the Municipal Court of Prague, Section C, file 86211, ID.Nr.: 265 02 275. + +(b) "Licensee" means an open source development group specified in the License Certificate. + +2. DEFINITIONS + +(a) "Authorized User" means a software developer or other open source development group member who is authorized by Licensee to use Software for the purpose of development of an open source project. + +(b) "Client" means a computer device used by Authorized User for running Software. + +(c) "License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form. + +(d) "License Key" means a unique key-code that enables Licensee to use Software by multiple Authorized Users at a time. Only Licensor and/or its representatives are permitted to produce License Keys for Software. + +(e) "Software" means software program known as JetBrains PyCharm in binary form, including its documentation, upgrades provided pursuant to Section 6 of this Agreement, and any third party software programs that are owned and licensed pursuant to Section 5 of this Agreement by parties other than Licensor and that are either integrated with or made part of JetBrains PyCharm (collectively, "Third Party Software"). + +3. OWNERSHIP + +(a) Software is the property of Licensor or its suppliers. Software is licensed, not sold. Title and copyrights to Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and its suppliers. + +(b) Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. + +4. GRANT OF LICENSE + +Subject to the terms, conditions, and limitations set forth in this Agreement, including any amendments thereto, Licensor hereby grants to Licensee a limited, non-exclusive, non-transferable, royalty-free license to use Software for a period of 1 (one) year as follows: + +(a) Licensee may: + +(i) install and use the licensed edition and version of Software on any number of Clients and on any operating system supported by Software; + +(ii) use Software by Authorized Users solely for the purpose of development of non-commercial open source projects that meet the Open Source Definition at: + +http://www.opensource.org/docs/osd + +The right to use Software for any other purposes is expressly prohibited, and; + +(iii) make one back-up copy of Software for archival purposes. + +(b) Licensee may not: + +(i) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer Software, or any portions of Software, to anyone without the prior written consent of Licensor; + +(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of Software, or create derivative works from Software; or + +(iii) use Software for any commercial purposes. +Licensee agrees to comply with the terms of this Agreement, and to take reasonable measures to prevent use of Software by Authorized Users in an inappropriate manner or access to Software by unauthorized users. + +5. THIRD PARTY SOFTWARE LICENSE + +(a) Licensee agrees to comply with the terms and conditions contained in Third-Party Software license agreements with respect to the applicable Third-Party Software. + +(b) Licensee agrees and acknowledges that Sections 7 and 8 of this Agreement shall also govern Licensee's use of the Third-Party Software. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software, and the same is owned exclusively by the licensor(s) of the Third Party Software. + +(c) LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE. + +6. UPGRADES AND LICENSE RENEWAL + +(a) Upgrades to new versions of Software are optional and free of charge during the 1-year license term. Licensee may obtain the generally available new versions of Software by downloading them from Licensor's web site at www.jetbrains.com. Licensee may renew its license for another year by submitting a written request to Licensor 30 (thirty) days prior to the license expiration date. + +(b) If not agreed otherwise in writing between Licensor and Licensee, upon upgrading to new version of Software or license renewal the relationship between parties shall be governed and amended (if applicable) by the terms and conditions of License agreement related to Software available at www.jetbrains.com on the day of upgrade purchase or license renewal. + +7. LIMITED WARRANTY + +SOFTWARE IS PROVIDED TO LICENSEE "AS IS" AND WITHOUT WARRANTIES. LICENSOR MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS AFFILIATES, SUPPLIERS AND RESELLERS, DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. + +8. DISCLAIMER OF DAMAGES + +(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY USER OF SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ) ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. + +(b) IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR SOFTWARE UNDER THIS AGREEMENT. + +9. EXPORT REGULATIONS + +Licensee agrees and accepts that Software may be subject to import and export laws of any country, including those of the European Union and United States (specifically the Export Administration Regulations (EAR)). Licensee acknowledges that it is not a citizen, national, or resident of, and is not under control of the governments of Cuba, Iran, North Korea, Sudan or Syria and is not otherwise a restricted end-user as defined by applicable export control laws. Further, Licensee acknowledges that it will not download or otherwise export or re-export Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end user or for any restricted end-use. + +10. TERMINATION + +If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee's right and license to use Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must delete Software from its Clients and archives, and also ensure that it is deleted by Authorized Users. +LICENSEE AGREES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ACTIONS SO THAT SOFTWARE NO LONGER OPERATES. + +11. MARKETING + +Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee's business in Licensor's marketing materials, on Licensor's web site, in public or legal documents. Licensee hereby grants Licensor a license to use Licensee's name and any of Licensee's trade names and trademarks solely pursuant to this marketing section. + +12. GENERAL + +(a) Licensor reserves the right at any time to cease the support of Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of Software. + +(b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee's use of Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement or any schedule will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor. + +(c) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination. + +(d) This Agreement will be governed by the laws of Czech Republic, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any Court of Czech Republic. + +(e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either Licensor or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns. + +For exceptions or modifications to this Agreement, please contact Licensor at: + +Address: Na hrebenech II 1718/10, Prague, 14700, Czech Republic +Fax: +420 241 722 540 +E-mail: [email protected] diff --git a/licenses/PyCharm_Preview b/licenses/PyCharm_Preview index ed45f70..3e95223 100644 --- a/licenses/PyCharm_Preview +++ b/licenses/PyCharm_Preview @@ -6,11 +6,11 @@ IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NO 1. DEFINITIONS -(a) "Evaluation Period" means forty five (45) days from the date of installation of JetBrains Technology on Your computer. +(a) "Evaluation Period" means forty five (45) days from the date of installation of JetBrains Technology on Your computer. (b) "JetBrains Technology" means a preview version of software program known as PyCharm which is not generally available, including its documentation, any modifications, and any Third Party Software. -(c) Third Party Software means software programs that are owned and licensed by parties other than Licensor and that either integrated with or made part of JetBrains Technology. +(c) Third Party Software means software programs that are owned and licensed by parties other than Licensor and that either integrated with or made part of JetBrains Technology. 2. JETBRAINS TECHNOLOGY OWNERSHIP, LICENSE GRANT AND USE @@ -18,9 +18,9 @@ IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NO (b) Subject to the terms, conditions, and limitations set forth in Section 2 (c) of this Agreement, Licensor hereby grants to You a limited, non-exclusive, non-transferable, royalty-free license to: -(i) use JetBrains Technology in accordance with its documentation during Evaluation Period; +(i) use JetBrains Technology in accordance with its documentation during Evaluation Period; -(ii) copy JetBrains Technology for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies. +(ii) copy JetBrains Technology for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies. (c) You are not expressly permitted to: @@ -32,25 +32,25 @@ IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NO (d) You can provide to Licensor Your feedback, suggestions or ideas concerning the functionality and performance of JetBrains Technology (collectively, "Feedback"). You agree that Your Feedback will automatically become the property of Licensor and may be used by Licensor to improve JetBrains Technology or other Licensor's products. Licensor shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit Feedback without restriction. No obligation is assumed or may be implied on Licensor by receipt, examination or use of Feedback. For the avoidance of any doubt, this Section 2(d) does not apply to any Third Party Software. -(e) You acknowledge that Licensor shall be under no obligation to provide technical support or upgrades for JetBrains Technology. +(e) You acknowledge that Licensor shall be under no obligation to provide technical support or upgrades for JetBrains Technology. -3. LIMITATION OF LIABILITY +3. LIMITATION OF LIABILITY (a) You understand that JetBrains Technology is only a preview version of the software product which has not been publicly announced or made available by Licensor, and that Licensor has no express or implied obligation to publicly announce or make available any production version of JetBrains Technology, or any product similar to or compatible with JetBrains Technology. You also understand that JetBrains Technology may contain errors, and that Licensor has no express or implied obligation to fix such errors. JetBrains Technology may contain features, functionality or modules that will not necessary be included in the production version of JetBrains Technology. You acknowledge that You use JetBrains Technology at Your own risk. -(b) JETBRAINS TECHNOLOGY IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. +(b) JETBRAINS TECHNOLOGY IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. 4. DISCLAIMER OF DAMAGES REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE JETBRAINS TECHNOLOGY, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE JETBRAINS TECHNOLOGY, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 5. TERMINATION - + This Agreement shall terminate upon the earlier of (a) automatic expiration of Evaluation Period based on the system date; (b) public release of any production version of JetBrains Technology, or (c) termination by Licensor, in its sole discretion, upon notice on Licensor's website. Upon termination of this Agreement, rights to use JetBrains Technology granted to You under this Agreement shall immediately terminate, and You shall immediately cease using JetBrains Technology. 6. GENERAL -(a) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between You and Licensor concerning Your use of JetBrains Technology, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to JetBrains Technology. +(a) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between You and Licensor concerning Your use of JetBrains Technology, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to JetBrains Technology. (b) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding said expiration or termination. diff --git a/licenses/glimpse b/licenses/glimpse index 209c0e0..cde66dd 100644 --- a/licenses/glimpse +++ b/licenses/glimpse @@ -1,145 +1,142 @@ -<!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 +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.</P> +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>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> +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>III. OPERATING ENVIRONMENT</P> +III. OPERATING ENVIRONMENT -<P>3.1 This Agreement is a [CPU, Site or per-Seat] license.</P> +3.1 This Agreement is a [CPU, Site or per-Seat] license. -<P>3.2 In the event this Agreement pertains to a CPU license:</P> +3.2 In the event this Agreement pertains to a CPU license: -<P>3.2.1 Licensee shall have the right to use the Software only on a single +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> +associated peripheral units. -<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 +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> +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>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> +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>3.4 In the event this Agreement pertains to a per-Seat license, Licensee +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> +by each licensed user. -<P>IV. ROYALTIES AND PAYMENTS</P> +IV. ROYALTIES AND PAYMENTS -<P>4.1 This agreement takes effect and is executed only upon receipt of +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> +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.
