Sample text of a Site License Agreement
Some provisions may vary, depending on the product purchased. Contact the Sales Department to request the full agreement for specific products.
SOFTWARE LICENSE AGREEMENT
CursorArts Company ("CursorArts") hereby grants ***your company's name*** a limited license to use ***software title*** (the "Software") on Ten (10) machines based at the location specified below.
Location Address:
If this is an upgrade in quantity, location or version of a previous site license agreement, this Agreement replaces any prior agreement. A machine is considered to be a stand-alone, single user computer system, or an individual computer or workstation which is attached to a network or multi-user computer system. This CURSORARTS SOFTWARE SITE LICENSE AGREEMENT is a legal agreement between you (either an individual or other legal entity) and CursorArts Company. By installing the software and/or using the software, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not proceed to install or use the software and immediately return the software and the items which accompany the software in unused condition to the place where you obtained them for a refund.
This license permits you to use the Software on a number of computer systems (“machines”) not to exceed the number specified above. The Software is in use when it is installed into a computer system’s permanent memory (e.g., on a hard disk or other storage device) or when it is loaded into temporary memory (i.e., RAM). If you wish to use the Software on more than the number of computer systems specified above, on a network server with more stations than the number specified above, or on a multi-user computer system with more stations than the number specified above, you must first obtain from CursorArts Company a Site License to cover the additional use.
Restrictions
Neither the Software, copies loaded onto machines, or duplicates may be rented, leased, sold or relocated without the express written permission of CursorArts. You may not decompile, copy, reverse engineer, create derivative works, place in a situation where illegal duplication might occur or use the Software in any other manner, except as stated in this Agreement. You may, however, produce archival copies soley for your own backup purposes, in addition to copying the Software into the virtual and storage memories of the machines covered by this agreement. This agreement is only valid for machines physically present at the location specified above, machines owned or leased by you which are physically present at any premises owned or leased by you which are within 25 miles or 40 kilometers of the location specified above, and for portable machines owned or leased by you which are based at the location specified above. Should the location stated above change for any reason, you should request CursorArts Company for a new CursorArts Software Site License Agreement which reflects the new location.
Limited Warranty and Limitation of Liability
CursorArts warrants the physical diskettes provided in this package to be free of defects in materials and workmanship for a period of thirty (30) days from the date of receipt. In the event CursorArts receives written notice from you of defects in materials or workmanship within this warranty period, CursorArts will replace the defective diskette at no charge. Diskettes must be returned to: CursorArts Company, Customer Services, P.O. Box 1349, North Bend, OR 97459. Your remedy under this limited warranty shall be limited to replacement of diskettes and shall not include any other damages. This warranty is in lieu of any other warranty, express or implied, and including any implied warranties with regards to merchantability or fitness for a particular purpose or purposes. Neither CursorArts, nor its authorized agents shall be held liable for damages or claims arising out of your use or inability to use the licensed products, including loss of profits and other consequential, special, indirect or similar damages, whether or not CursorArts or its authorized agents have been advised of the possibility of such damages. In no event shall CursorArts be held liable for an amount exceeding the price paid for this license to use the software.
Provisions excluding or limiting implied warranties and limiting liability for consequential damages are restricted or disallowed in some jurisdictions. Some jurisdictions also have consumer protection laws which may supersede some of the above limitations. The limitation of liability may, therefore, not apply to you if prohibited under the laws of your jurisdiction.
CursorArts will attempt to honor all customer support requests for information and problem solving. CursorArts may not be able, and is not obligated, to resolve every request for support. Customer support services are only available while this Agreement is in force. CursorArts reserves the right to make corrections and improvements to the Software and its documentation without notice, and with no responsibility to make such changes available either to you or to other licensees.
Copyrights and Trademarks
Title to and full ownership of all copies of the Software and its accompanying documentation remain with CursorArts or CursorArts’ licensors and are protected by United States and international copyright laws and treaties. The Software is like any other copyrighted material (such as a book or motion picture) and may not be reproduced or distributed, except that you may (a) store and use the Software on systems, the number of which must not exceed the number of systems specified above, or (b) make one copy of the Software on removable media (such as a diskette) solely for archival or backup purposes. You may not duplicate or transmit any portion of the accompanying manual, disks, labels, packaging, serial numbers, Product Registration Card, or related printed information included with the Software. You may not make any modifications or changes to the Software. You may not delete any of the files contained in the Software. You may not decompile, disassemble, or otherwise reverse-engineer the Software. You may not sublicense, rent, lend, lease, donate, sell, load, pledge, transfer or distribute on a temporary or permanent basis the original or backup copies of the Software or the documentation accompanying the Software to any other individual or company. IconForge, SecurDesk!, ImageForge, FileWrangler and CursorArts are trademarks of CursorArts Company. All other brand and product names mentioned in conjunction with the Software are trademarks or registered trademarks of their respective owners.
Export Controls
The Software is subject to all applicable export laws in accordance with the U.S. Export Administration Regulations and you hereby agree that the Software is not intended to be shipped, either directly or indirectly to any embargoed countries.
United States Government Customers
The Software is “Commercial Computer Software” under Federal Government Acquisition Regulations and agency supplements to them. The Software is provided to the Federal Government and its agencies under the Restricted Rights Provisions of the Federal Acquisitions Regulations applicable to commercial computer software developed at private expense and not in the public domain. The Use, Duplication, or Disclosure by the government is subject to restrictions as set forth in this License Agreement and in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a) 1995, FAR 52.227-19, or FAR 52.227-14, as applicable.
Term
This License to use the above software only becomes effective when completed, signed by the Licensee or an Authorized Representative of the Licensee named above. This Agreement shall remain in effect until terminated. You may terminate this Agreement by returning to CursorArts or destroying the Software, its documentation and all copies thereof, including copies loaded into computer virtual and storage memories. This Agreement, and your license herein, shall also terminate if you fail to comply with any term or condition of this Agreement, in which case you agree to return to CursorArts Company all copies of the Software and its documentation and to certify to CursorArts that no copy of the Software remains in computer memories and storage.
General
This License Agreement represents the complete and exclusive statement of the agreements concerning the License between the parties, supersedes all prior agreements and understandings, and may be modified only in a writing signed by you and CursorArts. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms and conditions set forth herein, and any terms or conditions contained in your purchase order or other writing pertaining to this License that are inconsistent with this License Agreement are hereby rejected. This Agreement shall be governed by and construed under the laws of the State of Oregon. Any provision herein which is found to be unlawful, unenforceable or void, shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining clauses.
I, the undersigned Representative for the Licensee, acknowledge that I have read and understood the provisions of this Agreement.