- 2) Software Distribution Agreement (Distribution)
SOFTWARE LICENCE AGREEMENT
FOR
SiSoft SANDRA STANDARD/SHAREWARE VERSION
This Software Licence Agreement (hereinafter referred to as "AGREEMENT") is a legal agreement between you, and CATALIN-ADRIAN SILASI (hereinafter referred to as "AUTHOR") for the computer program entitled SiSoft SANDRA (System Analyser, Diagnostic and Reporting Assistant) Standard/Shareware Version including any enclosed documentation and/or accompanying items (hereinafter referred to as "SOFTWARE"). This AGREEMENT states the terms and conditions upon which AUTHOR offers to licence the SOFTWARE.
This agreement is binding upon you as well as anyone taking any action with regard to your copy of the SOFTWARE at your direction or not. This applies to any third party as well.
You should carefully read the following terms and conditions before using this SOFTWARE. Unless you have a different licence AGREEMENT signed by AUTHOR your use of this SOFTWARE indicates your acceptance of this licence AGREEMENT and warranty.
By continuing the installation of this SOFTWARE, running or copying it to a computer, you agree to be bound by the terms and conditions of this AGREEMENT.
TERMS AND CONDITIONS
1. LICENCE. For personal use paragraph 1.a. applies. For any other use, (office, business, etc.) paragraph 1.b. applies.
1. a. PERSONAL USE LICENCE. Subject to the terms and conditions of this AGREEMENT, AUTHOR grants you the limited right to use the SOFTWARE on your home computer or the computer of an accredited educational institution for private use only. You may not copy any of the printed material (if any) for any reason. You have no ownership or proprietary rights in or to the SOFTWARE. You agree that the SOFTWARE will not be used, in any manner, in violation of any applicable law.
1. b. EVALUATION LICENCE. This is not free software. Subject to the terms and conditions of this AGREEMENT, AUTHOR grants you the limited right to use the SOFTWARE for evaluation purposes without charge for a period of 21 days. If you use the SOFTWARE after the 21 day evaluation period you must pay the registration fee as outlined in the "Ordering Document". Credit card ordering and quantity discounts are available. When payment is received you will be sent a registered copy of the latest version. You may not copy any of the printed material (if any) for any reason. You have no ownership or proprietary rights in or to the SOFTWARE. You agree that the SOFTWARE will not be used, in any manner, in violation of any applicable law.
Unregistered use of the SOFTWARE after the 21 day evaluation period is in violation of United Kingdom and international copyright laws.
2. COPYRIGHT. The SOFTWARE is owned and copyrighted by AUTHOR and is protected by United Kingdom copyright laws, other copyright laws and international treaties. AUTHOR reserves all the rights regarding the SOFTWARE. AUTHOR authorises usage of the SOFTWARE only in accordance with the terms and conditions stated in this AGREEMENT. You may not remove any copyright or proprietary notices from the SOFTWARE.
3. GENERAL USAGE. Neither you, anyone at your direction, nor any third party, shall take the following actions with regard to the SOFTWARE, or any portion thereof to modify, change, decompile, recompile, disassemble, reverse engineer, adapt, create derivative works, translate or reproduce the SOFTWARE. In any event, you will notify AUTHOR of any information derived from reverse engineering or such activities and the results thereof will constitute confidential information of AUTHOR which may be used only in connection with the SOFTWARE. If you seek interface information you should initially approach AUTHOR.
4. COMMERCIAL USAGE. Any commercial use is prohibited. Under no circumstances shall you, the end-user, be permitted, allowed or authorised to commercially exploit the SOFTWARE, or any portion thereof. Neither you, anyone at your direction nor any third party shall take the following actions with regard to the SOFTWARE, or any portion thereof to sell, rent, lend, lease, commercially exploit or use the SOFTWARE for any commercial purpose.
5. DISTRIBUTION. Refer to the "Shareware Version Distribution Licence" document below if you want to distribute the SOFTWARE. In addition you are also bound by the terms and conditions of this AGREEMENT.
6. UPDATES. AUTHOR reserves the right to update the contents of the SOFTWARE and its associated files, documentation and/or other elements, at its discretion from time to time, without the consent of or any obligation to, any licensed users or distributors.
7. NO WARRANTY. THE SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES, OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WITH RESPECT TO THE SOFTWARE ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. AUTHOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR MEET ANY REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES WHETHER ORAL OR WRITTEN. NO ONE BUT AUTHOR IS AUTHORISED TO MAKE MODIFICATIONS OR ADDITIONS TO THIS WARRANTY.
8. REMEDIES. AUTHOR WILL NOT BE LIABLE AND WILL PROVIDE NO REMEDY FOR LOST DATA, LOST SAVINGS, LOST PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR ANY OTHER DAMAGES ARISING FROM NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.
9. TRANSFER. Nether this AGREEMENT nor any part or portion of it shall be assigned or sublicensed, except as described herein.
10. TERM. This licence and your right to use the SOFTWARE terminates automatically if you violate any part of this AGREEMENT without notice from AUTHOR. You can also terminate this licence at any time. You agree upon termination to destroy all copies of the SOFTWARE immediately. Upon termination AUTHOR may also enforce any rights provided by law.
11. INDEMNIFICATION. You hereby agree to indemnify, hold harmless and defend AUTHOR, his family, relatives, licensees, sub-licensees, distributors and lawyers against any and all damages, losses, claims, courses of action, lawsuits, liabilities, judgements and all expenses arising from, resulting to, or in connection with a breach of this AGREEMENT by you and arising from, relating to, or in connection with your use or non-use of the SOFTWARE.
12. RESTRICTED RIGHTS. The SOFTWARE and any related documentation is provided with restricted and limited rights. Use, duplication and disclosure by U.S. Government is subject to restrictions as set forth in the subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013. If you are using this software outside the U.S. you agree to be bound by the applicable law in your country.
13. SURVIVAL.
13. a. Should any provision of this AGREEMENT be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this AGREEMENT shall not constitute or be construed as a waiver of such provision or the right to enforce the provision.
13. b. The following provisions shall survive the expiration or early termination of this AGREEMENT: paragraphs 2., 3., 4. and 11.
14. ENTIRE AGREEMENT. This AGREEMENT constitutes the entire AGREEMENT between you, and AUTHOR and supersedes any prior written or oral agreement concerning the SOFTWARE. AUTHOR is not bound by any action, statements, or any provisions made by anyone else. No modification or change in this AGREEMENT shall be valid or binding upon AUTHOR unless in writing.
15. APPLICABLE LAW. This AGREEMENT shall be governed by the laws of the United Kingdom. You agree to jurisdiction and venue in the courts located in London, U.K. for all claims, disputes and litigation arising under or related to this AGREEMENT. The export of this product is governed by U.K. export regulations.
BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
If you do not agree with the terms and conditions of this AGREEMENT or do not understand any of them you should un-install and destroy your copy of the SOFTWARE immediately.
SOFTWARE DISTRIBUTION AGREEMENT
FOR
SiSoft SANDRA STANDARD/SHAREWARE VERSION
This Software Distribution Agreement (hereinafter referred to as "AGREEMENT") is a legal AGREEMENT between you, and CATALIN-ADRIAN SILASI (hereinafter referred to as "AUTHOR") for distributing the computer software program entitled SiSoft SANDRA (System Analyser, Diagnostic and Reporting Assistant) Standard/Shareware Version (hereinafter referred to as "SOFTWARE").
This AGREEMENT describes the terms and conditions by which AUTHOR will license other parties to distribute the SOFTWARE which is intended solely for distribution as SHAREWARE. No use, distribution or reproduction of the SOFTWARE or copies of the SOFTWARE is authorised except in compliance with the terms and conditions herein. Distribution of the SOFTWARE in accordance with the provisions of this Software Licence Agreement is encouraged.
You should carefully read the following terms and conditions before distributing this SOFTWARE. Unless you have a different licence AGREEMENT signed by AUTHOR, your use of this SOFTWARE indicated your acceptance of this licence AGREEMENT.
By copying or distributing this SOFTWARE, you agree to be bound by the terms and conditions of this AGREEMENT as well as those of the "Software Licence Agreement".
GENERAL DEFINITIONS
As stated, the SOFTWARE is marketed as SHAREWARE. As it seems that there is a bit of confusion between freeware, shareware and public domain, the following attempts to define this terms in a way most software publishers understand them to be.
Definition of Shareware
Shareware distribution gives users a chance to try software before buying it. If you try a Shareware program and continue using it, you are required to register it (or purchase the Licensed version).
Copyright laws apply to both Shareware and retail software, and the copyright holder retains all rights, with a few specific exceptions as stated below. Shareware authors are accomplished programmers, just like retail authors, and the programs are of comparable quality. (In both cases, there are good programs and bad ones!) The main difference is in the method of distribution. The author specifically grants the right to copy and distribute the software, either to all and sundry or to a specific group. For example, some authors require written permission before a commercial disk vendor may copy their Shareware.
Shareware is a distribution method, not a type of software. You should find software that suits your needs and pocketbook, whether it's retail or Shareware. The Shareware system makes fitting your needs easier, because you can try before you buy. And, because the overhead is lower, prices are lower also. Shareware has the ultimate money-back guarantee - if you do not use the product, you do not pay for it.
Definition of Freeware
Freeware distribution gives users a chance to try software and continue to use it for no payment at all or just for some acknowledgement (a thank you note, a postcard, some suggestions, comments, etc.).
Copyright laws apply to both Freeware and retail software, and the copyright holder retains all rights, with a few specific exceptions as stated below. Freeware authors are generally accomplished programmers, just like retail/shareware authors, and the programs are of comparable quality. (In both cases, there are good programs and bad ones!) The main differences is in the method of distribution and the fact that there is no charge for using the software. The author specifically grants the right to copy and distribute the software, either to all and sundry or to a specific group. For example, some authors require written permission before a commercial disk vendor may copy their Freeware.
Definition of Public Domain
Public domain is a bit different from the above two. Generally the source code for the software is included and the author specifically grants you the rights to copy and distribute the software. In addition you can modify the software or include the modified code in your own programs (non commercial usually) for an acknowledgement.
The copyright holder retains all rights to the original code, but the modified code belongs to the new copyright holder. As this depends on author, you should read the specific instructions issued with the respective software.
GENERAL TERMS AND CONDITIONS
* AUTHOR shall be credited as the owner of the SOFTWARE in all distribution of the SOFTWARE. AUTHOR is the exclusive world-wide licenser of the SOFTWARE, and the copyrights and other proprietary rights therein. The SOFTWARE is intended solely for distribution as SHAREWARE (i.e., try-before-you-buy software); it is not public domain or free software or freeware.
* The SOFTWARE shall be identified by name and shall be identified as SHAREWARE in all distribution.
* You may copy and/or distribute the SOFTWARE only in its original, unaltered form, with all files included unmodified, and without making any additions, modifications or deletions except as provided in this paragraph. You may not modify the SOFTWARE or any of its files, and the SOFTWARE must be distributed as a complete package. You may not change, delete, merge or rename any files or elements of the SOFTWARE in any manner, and you may not add any files or new elements (except for installation routines which do not interfere with the proper operation or installation of the SOFTWARE).
* Since the SOFTWARE is intended for distribution only as SHAREWARE, you shall not charge any fee or other compensation for the SOFTWARE, although you may charge a distribution fee for costs associated with distributing the SOFTWARE. You are permitted, and encouraged, to make and distribute copies of the SOFTWARE to your friends, family members and co-workers for your and their private non-commercial use, in compliance with the terms and conditions hereof.
* You recognise that your right to distribute the SOFTWARE is nonexclusive and that AUTHOR can terminate the license granted to you at any time for any reason upon notice. AUTHOR reserves the right to withhold or withdraw permission to distribute the SOFTWARE from anyone at any time for any reason. The other provisions hereof shall survive any expiration or termination of this AGREEMENT.
* You shall take reasonable steps to ensure that the SOFTWARE and any other software, documentation and other materials distributed with the SOFTWARE are free from viruses.
* You may not use, copy, modify, distribute or transfer the SOFTWARE or any element thereof in whole or in part, except as expressly provided for herein.
* You may not rent or lease the SOFTWARE to anyone.
* AUTHOR reserves the right to update the contents of the SOFTWARE and its associated files, documentation and/or other elements, at its discretion from time to time, without the consent of, or any obligation to, any licensed users or distributors.
* You will hold AUTHOR, family members, distributors, licensees, sub-licensees and lawyers harmless from and against any and all claims, actions, damages, losses, liabilities, costs and expenses arising directly or indirectly from your acts and omissions in copying and distributing the SOFTWARE.
* If any provision of this AGREEMENT is held to be void, invalid or unenforceable, it will not affect the validity of the balance of this AGREEMENT, which shall remain valid and enforceable according to its terms and conditions.
* This agreement shall be governed by the laws of the United Kingdom.
SPECIAL TERMS AND CONDITIONS
* Distribution by BBS, on-line Services, FTP, FSP, News, WWW, Satellite, Other File Transfer Protocols: The SOFTWARE and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.
* Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types in a non-retail environment (e.g. CD-ROM Shareware Archive): The SOFTWARE and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.
* Distribution on Magazine Companion Disk / CD-ROM / Other Disk Types: The program and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with. I would greatly appreciate if you would inform me of any reviews that you write about the SOFTWARE.
* Distribution in a Retail Environment, Book Companion Disk / CD-ROM / Other Disk Types (Book): You may not distribute the program without obtaining explicit permission from AUTHOR.
* Internet Providers Disk / CD-ROM / Demo Disks / Connection Kits / etc.: You may distribute this SOFTWARE on your disk/CD/etc only as bundled shareware with other programs without charge and permission as long as the "General Terms and Conditions" set forth above are complied with. If you intend to provide the program for your own diagnostic purposes then you may not distribute the program without obtaining explicit permission from the AUTHOR.
* Software/Hardware Manufacturers & Suppliers: You may not distribute the program pre-installed or otherwise on the machines you manufacture/repair/distribute/etc. or bundled with your own products without obtaining explicit permission from AUTHOR.
* Other (e.g. Retail not covered above) CD-ROM Shareware Distribution: You may not distribute the program without obtaining explicit permission from AUTHOR.
* Other Type of Distribution: Please contact AUTHOR for details.
BY DISTRIBUTING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
