Sample License Agreement
DBI Technologies Inc. Software License Agreement
"Product Name" (The
Software)
BY EXECUTING THE INSTALL OF THIS SOFTWARE AND SELECTING THE "I AGREE" IN
THE INSTALLATION DIALOGUE, YOU CONFIRM THE TERMS OF THIS LICENSE
AGREEMENT BETWEEN THE REGISTERED SOFTWARE LICENSEE, THE LICENSED USER(S)
("USER(S)") , AND DBI TECHNOLOGIES INC.(DBI).
1. SOFTWARE LICENSE : DBI hereby grants to the business entity
registered with DBI on the purchase of the Software ("Software
Licensee"), a non-exclusive license to use the Software and
Documentation accompanying this license on a maximum of 2 computers to
be used by each Licensed User as
has been paid for by the Software Licensee on the purchase and
registration of the Software ( Software License").
2. LICENSED USERS : DBI hereby licenses the right to the use of the
Software to those number of employees of the Software Licensee
("Licensed User(s)") as has been paid for and whose names are registered
with DBI on the purchase of the Software, and no more.
3. INTELLECTUAL PROPERTY RIGHTS : DBI and its suppliers retain all
rights, title and interest in and to the Software and Documentation,
including all copyright, trademark and all other intellectual property
rights. The Software and Documentation are protected under the laws of
Canada and international treaty provisions. There are severe penalties,
both civil and criminal, for infringement. The Software Licensee may
transfer the Software to a hard disk and keep up to three copies of the
Software and Documentation, including the original copy, for each
Licensed User, solely for back-up or archival purposes.
4. OTHER RESTRICTIONS. Neither the Software Licensee nor any Licensed
User may rent or lease the Software. Neither the Software Licensee nor
any Licensed User may modify, reverse engineer, decompile or disassemble
the Software. The Software Licensee may transfer the Software License
rights on a permanent basis provided the Software Licensee transfers the
Software and all Documentation, retains no copies and the recipient
agrees to the terms of this Agreement by completing the prescribed
transfer agreement provided on DBI's web site and sending it to DBI. No
transfer is legally effective until DBI confirms receipt and acceptance
of the transfer back to the Software Licensee. The Licensee may also
transfer the License User rights to other employees of the Software
Licensee by giving written notice to DBI of the name of the user being
deleted and the user to whom the user rights are being transferred to.
No employee shall be entitled to use the Software unless on record with
DBI as a Licensed User. The number of users at any one time cannot
exceed the maximum number of Licensed Users allowed under this Software
License. Legal responsibility for documenting the transfer of the
Software License and Licensed User rights is the sole responsibility of
the Software Licensee and the Software Licensee agrees to be responsible
for any damages occasioned to DBI as a result of a breach of this
provision. Additional distribution and Licensed User rights may be
purchased from DBI for this Software.
5. LIMITED WARRANTY : DBI warrants that the Software will perform
substantially in accordance with the Documentation for a period of 30
days after which you first receive the Software. This Limited Warranty
is void if failure of the Software has resulted from accident, abuse, or
misapplication. In the event of Software being defective due to
mentioned failures, DBI will, at its sole option, either (a) replace the
defective Software or Documentation, or (b) refund the original purchase
price paid for the Software.
IN NO EVENT WILL DBI OR ITS EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE
FOR ANY DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE
SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES
FOR LOST PROFITS OR ANTICIPATED BENEFITS, EVEN IF THEY HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
6. DISTRIBUTION : This agreement allows the Software Licensee to
distribute the OCX files and/or the .NET assemblies to an unlimited
number of computers on the express condition that (a) the help files and
license files are not distributed with the OCX files or .NET assemblies,
and (b) the OCX controls and .NET assemblies are not being made
available to third parties as development controls within a development
or design environment. A development or design environment includes any
application design surface which enables the user to create a new
instance, or interact, modify, redesign, or copy an existing instance of
any portion of the Software, or in any way alter the Software's
appearance or functionality, or any part thereof, with or without the
presence of the appropriate license file(s) or license registrations.
7. TERMINATION : DBI may terminate this Software License in the event of
a breach of it by the Software Licensee or any Licensed User upon DBI
giving 10 days notice to the Software Licensee of the breach and such
breach remains unremedied after the expiry of the 10 day period. This
License shall also automatically terminate if the Software is used in
contravention of Section 4.
8. SUPPORT: DBI will provide technical support to Licensed Users in
accordance with its support policy for the Software as published on
DBI's web site from time to time unless the User has been issued a
separate signed contract for support from DBI.
9. MISCELLANEOUS : This agreement is governed by the laws of the
Commonwealth of Canada and the Province of Manitoba without regard to
the United Nations Convention on the International Sale of Goods, and
will be deemed a contract under seal. This Agreement constitutes the
entire agreement between DBI , the Software Licensee and all Licensed
User(s) concerning the Software and the Documentation, and supersedes
all prior communications, agreements, and understandings, written or
oral, between DBI and the Software Licensee with respect thereto. No DBI
dealer, agent or employee is authorized to make any amendment to this
Agreement.
Should you have any questions concerning this Agreement, the Software or
the Documentation, or if you wish to give notice to DBI under the terms
of this agreement, you may contact DBI by writing by fax, or e-mail to:
DBI Technologies Inc.
702-44 Princess Street
Winnipeg MB Canada
R3B 1K2
204 985 5770
204 943 0738 (Fax)
salesATdbi-tech.com