Software Licence Agreement
This is the agreement through which I sold licences to use my software package Marketeer from 1985 to 1991. I have written a commentary to clarify certain clauses.
The first person forms (I, me, my etc) refer exclusively to Mr Robert John Morton (whose official postal address is made available to those who become a party to this licence agreement). The second person forms (you, your, etc) refer to the party to whom I grant the licence herein defined.
Words in emphasized type have the following meanings:
The software is the executable computer code, associated fixed data, screen designs and report designs which make up the intellectual property to which this licence applies.
The text is the text and graphic design of the User Manual and other documentation pertaining to the software.
The fee is the previously-agreed amount of money you must pay me in return for my granting you this licence.
The computer is a single computer installation on which, having paid the appropriate fee, you are entitled to use the software under this licence agreement.
The material is the physical media upon or within which the software and text are borne.
The design is the layout and graphic design of the screen displays and printouts produced by the software, and illustrations within the text.
The method is the way in which the software performs its functions, and the way of applying those functions as described in the text.
The package is the software and text plus the material.
A derivative is any software or text which embodies any design or method which is derived from the software or text.
A copy is one recording of the software or the text.
The active copy is a copy from which the computer can read parts into its immediate memory for the purpose of execution.
A backup is a copy of your data as generated by the software which you make and hold for safekeeping.
Below are the conditions, as interpreted under the laws of England, upon which I grant you licence to use the package for the purpose for which it is designed. The licence is automatically terminated if you breach any of them.
- You become licensed to use the package on one computer when I have received cleared funds equal to the amount of the fee. Prior to this, you have no authority to use the package, and I have no obligations or liabilities in connection with your (or anybody else's) use of the package. If a cheque received by me for the fee has not cleared within 5 days of supply, you are obliged to return the package to me by recorded delivery mail.
- When I have received the fee, I will issue you with a non-zero licence number which, together with your name, will be made to be displayed by the software. Prior to installation of your licence number, the software will have a limited life. You may not transfer your licence to another party without our written agreement. I will support the software from the date you become licensed for as long as the computer for which it was originally provided remains current technology.
- You acknowledge the design, method and Copyright of the software and text to be my exclusive property. You shall not make available a copy or a derivative to another party. You may however make copies for the sole purpose of regenerating your original active copy in case your original active copy becomes corrupted.
- I reserve the right to make changes to the software and the text without notice and you accept that the way the software operates on your computer may differ from that described in the supplied version of the text, but that any such difference will not reduce the performance or functionality of the software.
- I gratefully accept suggestions for improving the software or the text on the understanding that the suggestor has no claim to any suggestion which becomes incorporated into the software or the text.
- The immense complexity of the software means that its operation embraces an astronomical number of possible circumstances which is beyond the bounds of finite engineering resources to test fully. So although the software will perform correctly all the functions for which it was designed most of the time, it is possible that it may malfunction in circumstances which were not foreseen. You therefore accept that errors may exist in the software, and that although I shall be under no obligation to correct such errors, I will be most grateful to you for pointing them out and will try to correct them as soon as possible.
- To work properly, the software relies on the correct operation of the compiler on which it is compiled, the computer on which it runs, the operating system and network software through which it accesses computing resources, and any other items of equipment and software it uses. These items are produced and sold by other parties over whom and over whose products I have no control or influence. A fault in any of these items can make the software appear to be at fault when it is not. I therefore accept no liability for apparent malfunctions of the software resulting from faults in these items or where these items are not performing in every respect according with their published specifications.
- Loss or corruption of data you have entered using the software can result from causes other than software malfunctions. Examples are: power cuts, equipment malfunctions, operating system errors and faulty recording media. I expect you to protect your data by making backups often enough to ensure that the cost of re-entering the data lost since the last fault-free backup was made is small enough for you reasonably to bear. For this and other reasons, I accept no liability for consequential losses resulting from use of the software.
- You accept that errors and omissions may exist in the text and that although I shall be under no obligation to correct them, I will be most grateful to you for pointing them out, and will try to correct them as soon as possible.
- The material remains my property. I lend it to you at no cost to you from the time I receive the appropriate fee to the time this licence expires or is revoked. It is lent to you solely for the purpose of conveying the software and text to you initially. If the material fails in this purpose, then I will replace it.
- Your sole remedies and my entire liabilities are as set out above. I will not be liable to you or to any other party for any losses, damages or expenses arising out of the use or inability to use the package. Notwithstanding the provision of any of the foregoing conditions, my liability in damages in any event where the law demands shall be limited to the amount of the licence fee received by me.
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©Apr 1994 Robert John Morton