This Software License for the program packages selected in the application form is granted by the University of British Columbia ("UBC"), of 2075 Westbrook Mall, Vancouver, British Columbia V6T 1Z3, to the individual named in the application form, as end user (the "Licensee"), on the following terms and conditions:
1. Grant of License
UBC hereby grants to the Licensee the non-exclusive non-transferable right to use the Software and accompanying manual (the "Documentation") for academic research and education purposes, but not for any commercial purposes whatsoever, on a single computer at a single location on the terms and conditions specified herein.
2. License Fee
UBC grants the License to the Licensee free of charge. The parties hereby acknowledge that the zero fee does not reflect the value of the Software and Documentation. For greater certainty, if more than one person will be using the Software at the same time on one or more computers the Licensee must obtain additional Licenses for the Software and Documentation. UBC shall provide the Software to the Licensee in executable form forthwith upon execution of this Agreement.
UBC retains all property, right, title, and interest in and to the Software and Documentation, including, without limitation, all trade-marks, trade names, copyrights, patents and other intellectual property rights in the Software and Documentation. UBC specifically retains the right to grant licenses of the Software and Documentation to other persons.
4. Transfer Restriction
The Software and Documentation is licensed only to the Licensee, and may not be transferred, and this License may not be assigned to anyone else without the prior written permission of UBC.
5. Copy and Use Restriction
The Licensee is permitted to make one backup copy and/or to make a single copy of the Software program on a hard disk, and any such copy together with the original must be kept in the Licensee's possession or control. The Licensee shall reproduce and include the copyright notice of UBC on any and all copies, whether in whole or in part, in any form. The Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative work(s) based upon the Software or Documentation. The Software and/or Documentation may not be rented or leased to others. The Software and Documentation may not be used on a computer network unless only one person can use the Software and/or Documentation at a time.
6. Publications and Presentations
In the event that the Licensee makes any publications or presentations with respect to research conducted using the Software, the Licensee shall acknowledge in such publication or presentation that the Software has been utilized and that the Software was developed at and licensed from UBC. In the event that the Licensee utilizes the Software in research efforts carried out in conjunction with third parties, the Licensee shall similarly advise such third parties that the Software has been utilized and that the Software was developed at and licensed from UBC.
This License is in force until terminated. This License will be terminated automatically if the Licensee fails to abide by any provisions of this Agreement, or if any petition, assignment or proposal is made against or by the Licensee under the Bankruptcy Act or if the Licensee is adjudged bankrupt, or makes an assignment for the benefit of his/its creditors. Upon termination, the Licensee shall return to UBC or destroy all copies of the Software and Documentation. Notwithstanding the termination of this License, Article 9 herein shall remain in full force and effect.
8. Up-date Policy
UBC may produce, from time to time, modifications and/or updates of the Software and/or Documentation. Such modifications and updates may be made available to the Licensee subject to payment of an appropriate fee. However, any such modifications and/or updates will only become available as they are developed, and UBC cannot and does not commit to the development of such modifications and/or updates on any particular schedule.
All information, documentation, or object code which UBC may have imparted, or may from time to time impart to the Licensee relating to the Software or Documentation is proprietary and confidential. The Licensee agrees that it shall use the same solely and in accordance with the provisions of this License and that it shall not at any time during or after expiry or termination of this License disclose the same, whether directly or indirectly, to any third party without UBC's prior written consent.
10. Limited Warranty
(a) The Licensee acknowledges that software in general is not error free and agrees that the existence of such errors in the Software or the Documentation shall not constitute a breach of this License.
(b) In the event that the Licensee discovers that the medium on which the Software resides is defective in materials or workmanship under normal use and notifies UBC of the defect within 90 days of the execution of this Agreement, then UBC shall provide a new copy of the Software on an exchange basis within a reasonable time.
(c) The foregoing warranty is in lieu of all other warranties, express or implied, and UBC disclaims all warranties of merchantability and fitness for a particular purpose, and any other warranty implied at law or in equity. UBC makes no representations regarding the use or the results of use of the Software and/or Documentation in terms of corrections, accuracy, reliability or otherwise. Under no circumstances shall UBC be liable for a breach of any warranty, express or implied, if the Licensee alters or modifies the Software in any way, without the express written consent of UBC.
11. Limitation of Liability
In no event shall UBC be liable for special, indirect or consequential damages, including those damages arising from lost profits of the Licensee in the use or misuse of the Software and/or Documentation, even if UBC has been advised of the possibility of such damages. UBC's liability on any other claim for loss or liability, including negligence, arising out of or connected with this License, or the Software or Documentation, shall in no case exceed the amount set forth in Article 2.
(a) This License shall be governed by and construed in accordance with the laws of the Province of British Columbia.
(b) This License contains the entire agreement and understanding between the Licensee and UBC with respect to the subject matter hereof and supersedes any prior agreement or understanding whether oral or written, relating to the subject matter of this License. This License may only be modified by a written agreement signed by UBC.
UPON SUBMITTING AN APPLICATION FOR AN ACADEMIC LICENSE THE LICENSEE AGREES TO THESE TERMS AND CONDITIONS.
The license takes effect on the date entered in the licensing application form.