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License Agreement
This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you,
either as an individual or a single entity ("the CUSTOMER"), and the Universiteit Leiden ("the UNIVERSITY") for
the computer program called "FORCHECK" with accompanying documentation ("the SOFTWARE").
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by all of the terms and
conditions of the license agreement.
If you are the original purchaser of the SOFTWARE and you do not agree with the terms and conditions
of the license agreement, promptly return the unused SOFTWARE to the UNIVERSITY for a full refund.
Upon your acceptance of the terms and conditions of the license agreement, the UNIVERSITY hereby grants
you a non-transferable, non-exclusive license to use the SOFTWARE in accordance with the terms and conditions of
this Agreement.
Software License Agreement - Terms and Conditions
1. Term
This Agreement shall come into force on receiving the SOFTWARE from the UNIVERSITY and shall remain
in force while and for so long as this Agreement is not terminated subject to the provisions of clause 8
or sub-clause 9.2.
2. Installation
Installation of the SOFTWARE on the COMPUTER SYSTEM is the responsibility of the CUSTOMER.
The UNIVERSITY shall provide to the CUSTOMER such information and written instructions as are reasonably
necessary to enable the CUSTOMER to obtain the successful installation of the SOFTWARE.
3. Updates
If you have purchased an update version of the SOFTWARE it constitutes a single product with the
SOFTWARE you updated. You may use the update version of the SOFTWARE only in accordance with the license
agreement.
4. Payment
The CUSTOMER shall pay the license fee to the UNIVERSITY or its designated representative within 30
days of receipt of the SOFTWARE.
5. Copyright
- The CUSTOMER is only permitted to make such limited number of copies of the SOFTWARE for back-up
purposes for his sole use as is reasonably required for operational security and use.
The CUSTOMER shall maintain appropriate records of the number and location of all copies that he may
make of the SOFTWARE.
- The CUSTOMER is authorized to make copies of the
user's guide for its sole use but not more than the number of users for which the SOFTWARE is licensed.
- The CUSTOMER shall reproduce and include all trademark or copyright notices, legends and logos on
any copy.
- Except for the grants as specified in 5.1 and 5.2 the CUSTOMER is not permitted to reproduce, alter,
distribute or publish and shall not permit any other party not being the CUSTOMER to use, reproduce,
alter, distribute or publish in whole or in part, in any form, the SOFTWARE and information relating
hereto without written consent of the UNIVERSITY.
6. Use
- Prior to usage the CUSTOMER shall authorize employees to use the SOFTWARE but only as many as the
number of users for which the SOFTWARE is licensed. The use of the SOFTWARE shall be restricted to the
computer system(s) for which the SOFTWARE is licensed and to those employees of the CUSTOMER who have been
authorized by the CUSTOMER to use the SOFTWARE.
- If any unauthorized use is made of the SOFTWARE and such use is attributable to the act or default
of the CUSTOMER, then without prejudice to UNIVERSITY's other rights and remedies, the CUSTOMER will
immediately be liable to pay the UNIVERSITY an amount equal to the charges which such use would have
involved had the UNIVERSITY granted a license for that use at the beginning of the period of
unauthorized use.
- The CUSTOMER shall permit the UNIVERSITY, at all reasonable times, and at UNIVERSITY's expenses to
verify that the use of the SOFTWARE is within the terms of the License Agreement.
7. Ownership
The UNIVERSITY represents and warrants, to the best of her knowledge, that she is the rightful owner of
the intellectual property of the SOFTWARE and information relating hereto and that she is free to use the
SOFTWARE and said information, that she will employ in carrying out her obligations under this Agreement
and that the use of the SOFTWARE does not knowingly infringe upon any third party's property rights.
The CUSTOMER acquires no title, right or interest in the product other than the license rights granted herein.
8. Termination
- Subject to clause 1 hereof the CUSTOMER shall have the right to terminate this Agreement at any
time by giving the UNIVERSITY written notice. Any such termination shall be irrevocable.
- Notwithstanding sub-clause 8.1 hereof and clause 1 hereof and without prejudice to any other
remedies the UNIVERSITY may have against the CUSTOMER, the UNIVERSITY shall have the right at any
time by giving notice in writing to the CUSTOMER to terminate this Agreement immediately if the
CUSTOMER commits a breach of any of the terms of this Agreement.
- Upon termination of this Agreement at any time and for any reason, the CUSTOMER shall:
- Discontinue all use of the SOFTWARE and
- At the option of the UNIVERSITY, either destroy all copies, including partial copies of the
SOFTWARE or return such copies to UNIVERSITY and in either event the CUSTOMER shall promptly forward
written notice to the UNIVERSITY that these requirements have been carried out.
9. Extent of Liability
- The UNIVERSITY warrants the SOFTWARE to perform in accordance with the Product Description, the User
Guide and the Installation Guide on the computer system for which the SOFTWARE is licensed for a period of
six month from receiving the SOFTWARE from the UNIVERSITY.
- If the SOFTWARE does not meet the UNIVERSITY's limited warranty the UNIVERSITY's entire liability
and the CUSTOMER's exclusive remedy shall be, at UNIVERSITY's option, either (a) return of the license
fee paid in which case this License shall be terminated, or (b) repair or replacement of the
SOFTWARE on the condition that the CUSTOMER provides the UNIVERSITY with all necessary information
concerning the defects found.
- The UNIVERSITY disclaims all other warranties, either express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a particular purpose.
- The CUSTOMER assumes full responsibility for its own actions in using the SOFTWARE and shall
hold UNIVERSITY harmless for CUSTOMER's own decisions and sole actions.
Under no circumstances shall the UNIVERSITY be responsible for consequential damages, lost profits or
other special damages even if the UNIVERSITY has been made aware of the likelihood of same.
- In no event shall UNIVERSITY's liability arising out of or based upon this agreement exceed the
license fee paid by the CUSTOMER to the UNIVERSITY or its representative.
10. Previous Agreements
All previous agreements and arrangements if any relating to the SOFTWARE made between the UNIVERSITY and
the CUSTOMER are superseded.
11. Force Majeure
Neither party under this Agreement shall be liable for any failure in the performance of any of its
obligations under this Agreement caused by factors outside its reasonable control.
12. Notices
Any notice to be given under this Agreement shall be in written and sent by registered pre-paid letter post
to the receiving party at its business address as last notified in writing to the other party and shall be
deemed to have been given on the date following that on which the notice was posted.
13. Law
This Agreement is governed by the laws of The Netherlands.
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