AN OUTLINE OF TYPICAL
WINUBRO SOFTWARE LICENSE AND SERVICE AGREEMENT
between CHEMKOP and XXX Company
For the purpose of this agreement, "Software" is defined as the contents of any electronic or printed media included in WinUbro package, as well as any updates, or enhancements added afterwards to the package.
CHEMKOP assigns a unique letter in version number to each Software license.
XXX Company's original software package and any updates are assigned the same letter - xxx .
TERM.
The license is effective with no time limit.
PAYMENT TERMS AND CONDITIONS.
100% - upon delivery the software package.
A three days free training session at an XXX Company plant is included in the license price. The costs of travel , hotel accommodation and per diem of the training experts are to be additionally covered by the Client as per actual expenses, as written in the offer and order.
DOCUMENTATION.
The written booklet „User’s Manual” is a part of the WinUbro Software package.
Beside this the on-line help is included in the WinUbro code. Both documents, as well as whole user interface are written in English.
LICENCE OWNER RIGHTS AND RESTRICTIONS.
This Software may be used in accordance with the terms of „Site license”, it means that XXX Company is allowed to install this Software on more than one computer at the premises belonging to XXX Company. You can copy the Software or move it from one computer to another as long as it is within the XXX Company plant. You may not transfer the Software to any other persons or bodies and you may not allow any other outside persons to use the Software in the XXX Company plant premises.
MAINTENANCE SERVICES.
The license includes 2 year free service for reasonable enhancements (substantiated and reasonable Client's requests) with upgrading to the latest version developed for other users. After two free years, the annual fee for these services is 5% of the license price. The customer support will be given by phone, fax or E-mail.
Chemkop warrants that Chemkop itself, or its legal successor (if some privatization process will have place), or WinUbro authors' own formal partnership who partially assures the services for WinUbro users - will give to the license bearer the maintenance service according to his future needs. If for any possible, unpredictable reasons such a service will be impossible, the source code of the Software will be provided.
COPYRIGHT.
The Software is owned by CHEMKOP or its suppliers, and is protected by international law. You may not distribute, sublicense, lease, rent, or transfer the Software. You may not reverse compile, reverse assemble, or create derivative works based on the Software.
You may not copy and distribute outside the written materials that accompany or are provided with the Software.
LIMITED WARRANTY.
Chemkop warrants the Software to perform in substantial accordance with the specifications of the documentation.
IN NO EVENT SHALL CHEMKOP BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS, OR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, WITH RESPECT TO THE SOFTWARE APPLICATION, WHETHER OR NOT CHEMKOP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL.
This Agreement contains the entire agreement and understanding between the parties and supersedes any advertising, proposals, discussions, or negotiations between them related to the subject matter of this Agreement. This Agreement may be amended, altered, or modified only in writing, dated subsequent to this Agreement and signed by Chemkop.
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