SOFTWARE LICENCE AGREEMENT FOR COURSEWARE
TERMINOLOGY. The UK Earth Science Courseware Consortium is hereinafter referred to as the UKESCC.
IMPORTANT. All UKESCC software (courseware) is provided only on the condition that the end-user agrees to the following licence agreement & terms of contract. READ THIS LlCENCE AGREEMENT CAREFULLY. If you agree to the terms contained in this licence, fill out the REGISTRATION slip and RETURN by mail.
The UKESCC agrees to grant and the end-user agrees to accept on the following terms and conditions, a non-transferable and non-exclusive licence to use the software produced by the UKESCC.
TERM. This Agreement is effective from the date of receipt of the above-mentioned REGISTRATION slip and shall remain in force until terminated by the UKESCC upon one month's prior written notice, or by UKESCC as provided below.
Any licence under this Agreement may be discontinued by the end-user at any time upon one month's prior written notice. UKESCC may discontinue any licence or terminate this Agreement if the end-user fails to comply with any of the terms and conditions of this Agreement.
LICENCE. Each licence granted under this Agreement authorises the end-user to use items of Licensed Software on any number of computers within the end-user's institution. This Agreement and any of the licences, software or materials to which it applies may not be assigned, sublicensed or otherwise transferred by the end-user without prior written consent from UKESCC. No right to print or copy, in whole or in part, the Licensed Software is granted except as hereinafter expressly provided.
PERMISSION TO COPY LICENSED SOFTWARE. Any number of copies of Licensed Software provided by UKESCC may be made for use within the end-user's institution.
The original, and any copies of the Licensed Software, in whole or in part, which are made by the end-user shall be the property of UKESCC. This does not imply that the UKESCC owns the media on which the Licensed Software is recorded.
COPYRIGHT. The Licensed Software and accompanying user notes are copyrighted and contain proprietary information. All rights reserved. The end-user agrees not to remove or obscure any copyright notice contained in the software. There is no restriction on the number of paper copies of the user notes that may be made.
DISCONTINUATION. Within one month after the date of discontinuance of any licence under this Agreement, the end-user will furnish the UKESCC a certificate certifying that through his best efforts, and to the best of his knowledge, the original and all copies, in whole or in part, in any form, including partial copies in modification, of the Licensed Software received from UKESCC or made in connection with such licence have been destroyed, except that, upon prior written authorisation from UKESCC, the end-user may retain a copy for archive purposes.
DISCLAIMER OF WARRANTY. Though every effort is made to ensure that UKESCC software is of the highest standard, UKESCC makes no warranties with respect to the Licensed Software. UKESCC provides Licensed Software on an "as is" basis. No express or implied term as to the merchantability or fitness for any particular purpose is given and the entire risk as to the quality and performance of the Licensed Software is assumed by the Licensee.
LIMITATION OF LIABILITY. The foregoing warranty is in lieu of all other warranties, expressed or implied. In no event will UKESCC be liable for consequential damages.
GENERAL
If any of the provisions, or portions thereof, of the Agreement are invalid under applicable statute or rule of law, they are to that extent to be deemed to be omitted.
This contract is subject to English Law and it is a condition of the licence that any dispute is subject only to English Law and the jurisdiction of the English Court or an arbitrator in England.
UKESCC Department of Earth Sciences, University of Manchester, Manchester M13 9PL, UK.