Python Server Pages (Version 1.0.x)
AEI LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. USE OF THIS SOFTWARE
CONSTITUTES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND AGREED TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT. THIS AGREEMENT WILL BE EFFECTIVE BETWEEN YOU AND AEI AS OF THE DATE OF
RELEASE TO YOU OF THE PSP
SOFTWARE.
1. Angell Enterprises, Inc. ("AEI"), a State Of Oklahoma corporation having a
place of business at 508 NW 141st Street Oklahoma City Oklahoma 73013, desiring to
encourage the wide dissemination of the following computer program and documentation
("Software"), provides Licensee identified below ("Licensee") with the
Software in binary and source code form, subject to the terms and conditions of this
Agreement: Python Server Pages( "PSP"), Version 1.0.x, where x is any integer.
2. AEI owns the Software and copyrights therein. AEI hereby grants Licensee a
non-exclusive, non-transferable, royalty-free, worldwide license to reproduce, analyze,
test, perform and/or display publicly, distribute, prepare derivative works and otherwise
use the Software, provided, however, that AEI's License Agreement, and AEI's notice of
copyright, i.e., "Copyright (c) 1999 Angell Enterprises, Inc.; All Rights
Reserved," are both retained in the Software alone or in any derivative version
prepared by Licensee.3. In the event Licensee, at its sole cost and expense, uses the
Software to prepare a derivative work that is based on or incorporates the Software or any
part thereof, and wants to make the derivative work available to the public for commercial
or noncommercial purposes, or uses the software in this derivative form to provide a
service to the public, then Licensee hereby agrees: (i) to indicate in any such work, in a
prominently visible way, the specific modifications made to AEI's Software; (ii) not to
introduce deliberately any modifications where there is reason to believe they will be
harmful to other users and their systems; and (iii) to notify AEI of any release to the
public of Licensee's derivative version, or any service offered to the public by Licensee
based
thereon.
4. Licensee agrees to assume full responsibility for the sale and other use of the
Software in Licensee's derivative version, and Licensee expressly agrees to indemnify and
hold harmless AEI, its officers, employees and agents, from and against any and all
claims, lawsuits and causes of action (including reasonable attorneys' fees and related
costs) by third parties,
including but not limited to personal injury, property damage, or damage or loss due to
infringement of any other rights which result to such third parties, directly or
indirectly, from Licensee's sale or use of the Software or Licensee's derivative versions.
5. Licensee agrees to share with AEI any bug fixes, patches, ports to other platforms,
minor corrections and the like made by Licensee to the Software. Licensee hereby agrees
and acknowledges that any such changes shall be deemed free of any claims under copyright,
patent or other rights or interests and that AEI may reproduce, disseminate and otherwise
use the changes as part of the Software at no cost to AEI or its licensed users, and to
authorize others to do so. AEI may, at its sole discretion, decide whether or not to
incorporate any such changes in the Software.. |
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6. In the installation, running or other permitted use of the Software provided to
Licensee under this Agreement, AEI has no objection if Licensee makes use of computer
programs owned by others, provided, however, that such use has been licensed and Licensee
complies with the terms and conditions of any license agreements accompanying such
programs. Licensee hereby acknowledges that AEI shall not be deemed a party to or
otherwise subject to any obligations of Licensee to third parties. AEI does not represent
that the Software will operate in an uninterrupted manner or in combination with other
computer programs.
7. Licensee may not use AEI's trademarks or trade name, including PSP or AEI, in a
trademark sense to endorse or promote products or services of Licensee, or any third
party. Licensee may use the mark
PSP in connection with Licensee's derivative versions that are
based on or incorporate the Software, but only in the form
"PSP-based_____________," or equivalent.8. AEI is making the Software
available to Licensee on an "AS IS" basis. AEI MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, AEI MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
9. TO THE EXTENT PERMITTED BY LAW, AEI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF
THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF
USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED
OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE.
10. This Agreement may be terminated by AEI: (i) immediately upon written notice from AEI
of any material breach by the Licensee, if the nature of the breach is such that it cannot
be promptly remedied; or (ii) sixty (60) days following notice from AEI to Licensee of a
material
remediable breach, if Licensee has not remedied such breach within that sixty-day period.
11. Licensee hereby agrees that any dispute arising out of or in connection with the
construction, validity, interpretation, performance, enforcement, operation, breach or
termination of this Agreement shall be settled promptly by negotiation between the
Parties. If the dispute is not settled by negotiation, the dispute shall be submitted to
arbitration in accordance with the rules then in effect of the American Arbitration
Association. This Agreement constitutes the entire agreement between the Parties with
respect to the subject matter hereof.
12. Nothing in this Agreement shall be deemed to create any relationship of agency,
partnership, or joint venture between the Parties. This Agreement shall be governed by and
interpreted in accordance with the laws of the State Of Oklahoma. In the event any part of
this Agreement is declared invalid or otherwise unenforceable by a court of competent
jurisdiction, the remaining provisions shall remain in force. |