END-USER SOFTWARE LICENSE AGREEMENT
IMPORTANT! The Software is licensed only on the condition that you
("YOU") agree with the University of British Columbia having its
administrative offices at #103 - 6190 Agronomy Road, Vancouver BC
V6T 1Z3 ("UBC") to the terms and conditions set forth below.
PLEASE
CAREFULLY READ ALL THE TERMS OF THIS LICENSE AGREEMENT. IF YOU
AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK
ON THE "I Accept..." BOX AT THE BOTTOM OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE
THE PRODUCT.
- SOFTWARE: As used in this Agreement "Software"
shall mean the FEAT computer program and all related
documentation which was developed at UBC.
- LICENSE TO USE: UBC hereby grants to YOU a
non-exclusive, non-transferable, limited license to use the
Software solely on the terms, conditions and restrictions
contained in this Agreement.
- RESTRICTIONS: The Software and any and all
knowledge, know-how and/or techniques relating to the Software,
as may be modified or enhanced, in whole or in part, is and
will remain the sole and absolute property of UBC and UBC owns
any and all right, title and interest in and to the Software.
All inventions, discoveries, improvements, software, copyright,
know-how or other intellectual property, whether or not
patentable or copyrightable, created at UBC prior to, after the
termination of, or during the course of this Agreement
pertaining to the Software is and will remain the sole and
absolute property of UBC. No right, title or interest in or to
any trademark, service mark, logo, or trade name of UBC is
granted to YOU under this Agreement. Without limiting the
forgoing YOU shall not, and shall not authorize any third party
to:
- make copies of the Software, other than a single
backup copy, and any such copy together with the original must
be kept in YOUR possession or control;
- modify, decompile, disassemble, translate into another
computer language, create derivative works, or otherwise reverse
engineer the Software;
- distribute, sell, lease, transfer,
assign, trade, rent or publish the Software or any part thereof
and/or copies thereof, to others;
- license or sublicense the use of the Software to others;
- use the Software or any part thereof for any purpose other
than evaluation of the technique;
- use, without their expression permission, the name of
UBC in YOUR advertising, publicity, or otherwise.
- DISCLAIMER OF WARRANTY: THE SOFTWARE IS
PROVIDED TO YOU BY UBC "AS IS", AND YOU ACKNOWLEDGE AND
AGREE THAT UBC MAKES NO REPRESENTATIONS AND EXTEND NO
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO
EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF
THE SOFTWARE FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE
SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR
OTHER RIGHTS, OR ANY OTHER EXPRESS OR IMPLIED WARRANTIES.
IN PARTICULAR, NOTHING IN THIS AGREEMENT IS OR WILL BE CONSTRUED AS:
- A WARRANTY OR REPRESENTATION BY UBC AS TO THE
VALIDITY OR SCOPE OF ANY COPYRIGHT OR OTHER INTELLECTUAL
PROPERTY RIGHTS IN THE SOFTWARE;
- AN OBLIGATION TO FURNISH ANY SOFTWARE, TECHNOLOGY, OR
TECHNOLOGICAL INFORMATION OTHER THAN THE SOFTWARE;
- AN OBLIGATION ON UBC TO CORRECT MALFUNCTIONS
("MALFUNCTIONS") THAT ARISE IN ANY VERSION OF THE SOFTWARE
DELIVERED TO YOU. MALFUNCTIONS, AS USED HEREIN, MEANS ERRORS
DEEMED TO BE INTERNAL TO THE SOFTWARE. UBC DOES NOT
WARRANT THAT THE SOFTWARE IS FREE FROM MALFUNCTIONS, NOR THAT
ANY MALFUNCTIONS CAN OR WILL BE CORRECTED OR THAT UBC
WILL DEVELOP OR PROVIDE YOU WITH ANY OPERATIONS, CAPABILITIES
OR FEATURES NOT PRESENT IN THE VERSION OF THE SOFTWARE
DELIVERED TO YOU UNDER THIS AGREEMENT.
- LIMITATION OF LIABILITY: UBC WILL NOT BE
LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LIABILITY,
LOSS OR DAMAGES CAUSED OR ALLEGED TO HAVE BEEN CAUSED, EITHER
DIRECTLY OR INDIRECTLY, BY THE SOFTWARE. WITHOUT LIMITING THE
FOREGOING, IN NO EVENT WILL UBC BE LIABLE FOR ANY LOST REVENUE,
PROFIT BUSINESS INTERRUPTION OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF
UBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
- INDEMNITY:YOU WILL INDEMNIFY, DEFEND AND HOLD
HARMLESS THE UNIVERSITY OF BRITISH COLUMBIA, ITS BOARD OF
GOVERNORS, FACULTY, STAFF, STUDENTS AND AGENTS FROM AND AGAINST
ANY AND ALL LIABILITY, LOSS, DAMAGE, ACTION, CLAIM OR EXPENSE
(INCLUDING ATTORNEY'S FEES AND COSTS AT TRIAL AND APPELLATE
LEVELS) IN CONNECTION WITH ANY CLAIM, SUIT, ACTION, DEMAND OR
JUDGMENT ARISING OUT OF CONNECTED WITH, RESULTING FROM, OR
SUSTAINED AS A RESULT OF YOUR USE OF THE SOFTWARE OR IN
EXECUTING AND PERFORMING THIS AGREEMENT.
- TERM:This Agreement is effective until
terminated. YOU may terminate this Agreement at any time by
ceasing use of the Software and destroying or deleting any
copies of the Software. This Agreement will terminate
immediately without notice from UBC if you fail to
comply with any provision of this Agreement. On any
termination of this Agreement the Disclaimer of Warranty,
Limitation of Liability and Indemnity provisions of this
Agreement shall survive such termination.
- GENERAL PROVISIONS:
- This Agreement will be governed and interpreted according
to the laws of British Columbia, Canada. YOU agree that by
accepting the terms of this Agreement and using the Software
YOU have attorned to the jurisdiction of the Supreme Court of
British Columbia.
- This Agreement is the entire agreement between YOU and
UBC relating to this subject matter.
- No modification of this Agreement will be binding, unless
in writing and signed by an authorized representative of each
party.
The provisions of this Agreement are severable in that if any
provision in the Agreement is determined to be invalid or
unenforceable under any controlling body of law, that will not
affect the validity or enforceability of the remaining provisions of
the Agreement