License Agreement for Sat-Install Workplace '08
Software Copyright 2008 Scott Jacovidis
License Revision Date 11/12/2008
THIS LICENSE GOVERNS THE USE OF SPECIFIC SOFTWARE CREATED BY SCOTT JACOVIDIS. ANY USE OF THE SPECIFIED SOFTWARE IS GRANTED TO THE LICENSEE ONLY UPON PAYMENT OF THE LICENSE FEE AND AGREEMENT WITH THIS LICENSING CONTRACT. NO USE OF THIS SOFTWARE IS PERMISSABLE IF YOU OR YOUR COMPANY CANNOT AGREE TO ABIDE BY THIS CONTRACT.
- Software - for the purpose of this license the term "Software" refers to a copyrighted software product created by Scott Jacovidis titled "Sat-Install Workplace '08". This includes all the software code and graphics as they currently exist and future upgrades, enhancements, or revisions of the said product.
- Licensee - the person, company, or other legal entity who agrees to this contract in order to obtain the use of the Software governed by this license.
- Licensor - Scott Jacovidis.
LICENSE GRANT - Upon receipt of payment of the license fee and a signed and dated statement agreeing to the terms of this contract; a non-exclusive right to use this Software is granted to the Licensee. The right to use this Software is by license only and no copyrights are transferred to the Licensee. This license can be revoked if the Licensee violates any of the provisions set forth in this contract.
LIMITATION OF USE - This Software is licensed for use by the Licensee on one computer (server). It is permissible to use this software in a shared load environment on multiple servers as long as only one settings file is used. This Software is intended to be used by persons within the company or organization established by the Licensee. Persons external to the Licensee's company or organization may be granted access to review records or perform work using the Software only if the work is related to this Licensee's company or organization. Sub-leasing, renting, or otherwise using this Software to fulfill the business needs of a company or organization other than that of the Licensee's is prohibited.
There are no limitations to the number of users or simultaneous connections to the server on which this Software runs as long as the users are part of the Licensee's company or organization.
OWNERSHIP OF DATA CREATED BY THIS SOFTWARE PRODUCT - This Software product interfaces with a database and stores information in a database. The information created and stored in the database by this Software is not owned by the Licensor. The Licensee is free to backup and use the data and table structure in any manner.
BACK-UP AND COPYING - A personal copy of the Software will be provided to the Licensee via mail or email (in addition to the copy placed on the server) upon receipt of license fee. The Licensee agrees to protect access to the computers or media on which all personal copies of the Software reside by: backing up the Software to removable media and removing all copies from the computers used to receive and generate the backup copy, and by limiting access to the computers or media by password, encryption, or lock and key. The Licensee also agrees to notify and assist the Licensor and law enforcement should any theft of the Software occur. Subsequent backup copies of the Software and updates must also be maintained in accordance with the before stated provisions.
LICENSE DURATION - This license is extended to the Licensee for the life of the company or organization. This lifetime license cannot be revoked unless there is a violation of the license agreement. This license cannot be transferred except by the provisions set forth within this document.
TRANSFER OF LICENSE - This license granted by this contract can be transferred to another party upon sale or transfer of the Licensee's company or organization by notification and permission of the Licensor only. A signed agreement to this contract by the new party must be made before transfer of license will be granted. A small transfer fee payable in "legal tender" or "lawful money" will be assessed equivalent to two ounces of silver, the price to be determined by the New York Stock Exchange spot price on the day of transfer. The original Licensee's contract will be revoked and the new Licensee will gain all privileges under this contract.
The Licensor can transfer any or all rights to this contract to another person, company, or organization, at any time, provided that the contract with the Licensee is not modified. Such a transfer would empower a new Licensor to enforce the bounds of this contract. The new Licensor must attempt to notify the Licensee by mail of this transfer of rights.
REVOKATION OF LICENSE - The Licensee's right to use this Software can be suspended or revoked if found to be in violation of any of the provisions of this contract. If this license is suspended or revoked all copies of the Software must be destroyed. A sworn and signed statement declaring the status of the Software copies must be provided to the Licensor within thirty calendar days of written notification or court action.
LIMITATION OF LIABILITY - The Licensee agrees that in no event shall the Licensor, or any other person responsible for the creation or distribution of this Software product, be held liable for any loss or damages, directly or indirectly, resulting from the use or the inability to use this Software product, including but not limited to loss of profits or other pecuniary interests, loss or corruption of data. In the event that the above limitation does not include all liability events the total liability the Licensor is limited to no more than the Licensee's original license fee.
Personal information stored in this Software system can be transferred over public networks or unsecured wireless networks and may be seen or stolen by third parties. The Licensee will indemnify and hold the Licensor harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including attorney's fees, arising out of any use of the Software governed by this contract. It is the responsibility of the Licensee to make policies to limit the access to the Software system and operate on secure networks.
WARRANTY - This Software was designed to facilitate specific business processes relating to satellite dish installers. The business processes that are handled in this system are enumerated on the various pages of the sales website at http://www.jacovidis.com/software/satellite/index.php. If this Software does not fulfill the documented specifications you may request a remedy within the first thirty days of use. If a solution to the Software problem is not presented within 15 days of a defect notice, a refund of the license fee minus installation fees will be provided upon request. The Licensee will be given fifteen days after a defect resolution is provided to again request resolution or refund according to this warranty statement. The maximum amount of refund is limited to the license fee minus installation fees. All privileges granted to the Licensee by this contract will be revoked upon refund, all copies of the Software product in the Licensees possession must be destroyed in accordance with the REVOKATION OF LICENSE clause of this contract.
COMPATIBILITY - This Software must be installed on a computer system compatible with the language it was designed in and may not be compatible with the Licensee's current computer systems. The Licensee agrees to rent, lease, or purchase and maintain a computer system and relevant Software necessary for the proper operation of this Software product at the Licensee's own expense. All third-party Software necessary to run the Licensor's Software is available for free under various open source
This Software generates XHTML 1.0 documents and can be used in any computing environment that is designed to display XHTML documents. Display variances between different computing environments is unavoidable and the Licensor cannot be held liable for display variances or inability to view or render the documents generated by the Software.
INSTALLATION - Initial installation and configuration will be provided by the Licensor on a single compatible computer system upon receipt of user-names and passwords necessary to perform the installation. If access to the system cannot be granted over the Internet (world wide web) then other installation options must be discussed and agreed upon before installation can take place. Installation fees must be paid before this service will be rendered by the Licensor.
If the Licensee takes the option to install and maintain the Software their selves, the Licensor is obligated to no more than a total of four hours of telephone support to aid in installation and configuration of the Software. Documentation will be provided and telephone support is a secondary option for the Licensee. This Software may not be transferred to any third party installation or support persons without the express written consent of the Licensor.
SOFTWARE UPDATES - Software updates, bug fixes, and new functionality is available for free for one year after payment of the initial license fee. Installation of updates is free during this period if installation fees were paid to the Licensor otherwise the free updates and upgrades will be made available for download and installation will be performed by the Licensee. Installation of the updates will be performed over the Internet only when proper access to the servers is granted. Otherwise the Licensee will have the privileged to download and install the updates themselves. All Software updates are governed by this contract.
COPYRIGHT - Copyright ownership of this Software product is established under the laws of the United States of America by the Licensor. No transfer of copyright between the Licensor and the Licensee is assumed or can take place with this license contract. Please refer to the copyright laws and international treaties governing copyrighted works created within the jurisdiction of the United States of America for further information.
MODIFICATION OF THIS SOFTWARE BY THE LICENSEE OR ANY THIRD-PARTY IS STRICTLY PROHIBITED. THIS LICENSE SHALL NOT BE CONSTRUED TO GRANT OR PRIVILDGE THE LICENSEE TO MODIFY OR DISTRIBUTE THIS CODE TO ANY THIRD-PARTY.