Computerworld 2000 May/Computerworld_2000-05_cd.bin/LOTUS/Files/i_quickplace/Lotus QuickPlace.exe/License.txt

Text File | 1999-06-28 | 12KB | 197 lines

Lotus software agreement

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL THE
SOFTWARE AND RETURN THIS ENTIRE PACKAGE WITHIN 30 DAYS OF SALE WITH YOUR
RECEIPT FOR A FULL REFUND.

1. USE
You (an entity or a person) may use Lotus QuickPlace (the "Software"),
in the quantity purchased, if you meet the following conditions.  In
addition you may make one (1) archival copy of the Software.

You must acquire one copy of the Software for each server on which you
deploy the Software.  A "server" is defined as a central processing
unit ("CPU"), or group of CPUs, that accesses its or their own
individual non-cache Random Access Memory, whether or not the CPU or
group of CPUs are used in a clustered environment.  The Software may be
used only as the QuickPlace application.

As described below, you must have or acquire valid Domino Client Access
Licenses ("CALs") in order to use the Software.  Each Domino  CAL
serves as a client access license for Lotus QuickPlace.  You are not
permitted to use the Software to provide hosting services to any third
parties, unless Lotus has granted you such rights under the terms of a
separate written agreement (in which case the terms of such agreement
shall govern).

Lotus Domino CALs: You must acquire a Domino CAL for each user with
Authenticated Access to the Software. "Authenticated Access" is the
secure validation of a user's identity from the Software or other
authentication source.  There are two types of CALs: a Domino Per User
CAL and a Domino Per Server CAL.

A Domino Per User CAL gives a user Authenticated Access to the Software
as well as to one or more applications on any Domino Server.  You must
acquire a Domino Per User CAL for each employee or independent
contractor in your Enterprise who has Authenticated Access to the
Software.  A Domino Per User CAL is included in each license of Notes
for Collaboration, Notes for Messaging (or the previous version known as
the Lotus Messaging License) and Domino Designer.  For individuals who
are not employees or independent contractors of your Enterprise, you
must acquire either a Domino Per User CAL for each individual or a
Domino Per Server CAL.

A Domino Per Server CAL gives you the right to allow Authenticated
Access to the Software and to any Domino applications on a specific
Domino Server by individuals who are not employees or independent
contractors of your Enterprise.

CAL Term and Renewal: If your Domino CALs were included in your purchase
of Notes for Collaboration, Notes for Messaging, or Domino Designer,
then your CALs are valid as long as you are current on Software
Subscription for that product.  If you purchased your Domino CALs
separately, then (a) for Passport Advantage customers, each CAL is valid
for one year following purchase and must be renewed according to the
terms of Passport Advantage, and (b) for all other customers, each CAL
is valid until you upgrade the Software (or your Domino Server), at
which point you must acquire a CAL upgrade for each CAL.

Other CAL Terms: If you are using the Software in an academic
environment, then a CAL must be purchased for any individual enrolled in
a course or participating in an application which requires Authenticated
Access according to the terms described above.

For Upgrades and Tradeups
If the Software is an upgrade or a trade-up, you are authorized to use
the Software only if you are an authorized user of a qualifying product
as determined by Lotus and provided you (i) either delete the qualifying
product or install the new product on the same computer or network as
the qualifying product and (ii) do not transfer the qualifying product
to any other person.
2. RESTRICTIONS
Except as expressly provided in Section 1, you may not alter, merge,
modify or adapt the Software in any way including reverse engineering,
disassembling or decompiling. You may not sell, distribute, loan, rent,
lease, license or otherwise transfer the Software or any copy; except,
you may permanently transfer the Software (including all prior versions)
provided you transfer the Software Agreement and all documentation and
media and you do not retain any copies. If the Software is demonstration
and evaluation ("D&E") software, you may not transfer the Software for
commercial purposes. If you acquired the Software preloaded on a
computer as part of your purchase of the computer ("OEM Software"),
then you may not transfer such OEM Software (or any accompanying disks)
for value separately from the computer.
If you are using the Software in any country in the European Community,
the prohibition against altering, merging, modifying or adapting the
Software does not affect your rights under any legislation implementing
the E.C. Council Directive on the Legal Protection of Computer Programs.
If you seek interface information within the meaning of Article 6.1.b of
that Directive, you should initially approach the Legal Department,
Lotus Development International Corporation, Lotus Park, The Causeway,
Staines, Middlesex TW18 3AG, United Kingdom.
3. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Software and user documentation
are owned by Lotus or its suppliers and are protected by applicable
intellectual property laws (including patent, trademark and copyright
laws) and inter- national treaty provisions. Lotus retains all rights
not expressly granted.
4. ADOBE TYPE MANAGER SOFTWARE
If your Software contains Adobe Type Manager ("ATM") you may install
and use ATM software on up to three (3) computers. Outline Fonts: You
agree that you will use the Outline Fonts to reproduce and display
typefaces solely for your own customary business or personal purposes on
(i) one printer which either contains a PostScript language interpreter
or is attached to a central processing unit which utilizes ATM or the
Display PostScript System from Adobe and (ii) one or more workstations
utilizing ATM. Except as described in this paragraph, the Lotus Software
Agreement (including the Limited Warranty and U.S. Government Restricted
Rights) will apply to the ATM Software.
5. LIMITED WARRANTY
For ninety (90) days from your date of purchase, Lotus warrants that (i)
the Software will substantially conform to the applicable user
documentation and (ii) that the magnetic media on which the Software is
distributed and the user documentation (if any) are free from defects in
materials and workmanship. Lotus will, at its option, refund the amount
you paid for the Software or provide you with corrected items at no
charge provided that the defective item(s) is returned to Lotus within
ninety (90) days from the date of purchase. Any misuse or unauthorized
modification of the Software will void this limited warranty.
Except as specifically provided herein, Lotus makes no warranty,
representation, promise or guarantee, either express or implied,
statutory or otherwise, with respect to the Software, user documentation
or related technical support, including their quality, performance,
merchantability or fitness for a particular purpose.
The warranty and remedies set forth herein are exclusive and in lieu of
all others, oral or written, express or implied. This warranty gives you
specific legal rights, and you may also have other rights which vary
from jurisdiction to jurisdiction.
6. LIMITATION OF LIABILITY
Because software is inherently complex and may not be completely free of
errors, it is your responsibility to verify your work and to make backup
copies.  In no event will Lotus or any of its licensors be liable for
indirect, special, incidental, tort, economic, cover or consequential
damages arising out of the use of or inability to use Lotus (or any of
its licensors') products or services, including, without limitation,
damages or costs relating to the loss of profits, business, goodwill,
data or computer programs, even if advised of the possibility of such
damages. In no case shall Lotus' or any its licensors' liability exceed
the amount paid by you for the Software out of which such claim arose.
This limitation on monetary damages will not apply to claims relating to
death or personal injury which arise out of products deemed to be
consumer goods under applicable law. Some states, provinces and other
jurisdictions do not allow the exclusion or limitation of implied
warranties or limitation of liability for incidental or consequential
damages, so the above exclusion or limitation may not apply to you.
However, in appropriate jurisdictions, Lotus limits its liability,
according to the terms of this Agreement, to the extent permissible at
law.

Additional terms applicable only in Australia. Nothing in this Agreement
operates to exclude, restrict or modify the application of any of the
provisions of the Trade Practices Act 1974 (Cth) or any equivalent state
or territory legislation, the exercise of a right conferred by such a
provision, or any liability of Lotus for a breach of a condition or
warranty (including but not limited to a condition or warranty in
relation to goods or services of a kind ordinarily acquired for
personal, domestic or household use or consumption) implied by such a
provision. To the extent that it is able to do so, Lotus expressly
limits its liability for any breach of a condition or warranty under
this Agreement or implied by virtue of any legislation to one of the
following, the choice of which is to be at Lotus' sole discretion: (i)
the replacement of the Software or the supply of equivalent software; or
(ii) the payment of the cost of replacing the Software or of acquiring
equivalent software.
7. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and/or user documentation are provided with RESTRICTED AND
LIMITED RIGHTS. Use, duplication or disclosure by the Government is
subject to restrictions as set forth in FAR 52.227-14 (June 1987)
Alternate III(g)(3) (June 1987), FAR 52.227-19 (June 1987), or DFARS
52.227-7013 (c)(1)(ii) (June 1988), as applicable.
Contractor/Manufacturer is Lotus Development Corporation, 55 Cambridge
Pkwy., Cambridge, MA 02142. In the event the Government seeks to obtain
the Software pursuant to standard commercial practice, this software
agreement, instead of the noted regulatory clauses, shall control the
terms of the Government's license.
8. GENERAL
No Lotus dealer, distributor, agent or employee is authorized to make
any modification or addition to this Agreement. The Software contains
cryptographic functions which are subject to special export licensing
requirements by the U.S. Department of Commerce. It is your
responsibility to comply with all such regulations. For use of the
Software in North America and Latin America, this Agreement will be
governed by the laws of the Commonwealth of Massachusetts. For all other
countries, this Agreement will be governed by the laws of the country in
which the Software was purchased.
For U.S. customers: Should you have any questions concerning this
Agreement or Lotus' software use policies, write to Inside Sales and
Service, Lotus Development Corporation, 55 Cambridge Parkway, Cambridge,
MA 02142, or call 1-800-343-5414.
For Canadian customers: Should you have any questions concerning this
Agreement or Lotus' software use policies, write to Customer Service,
Lotus Development Canada Limited, P.O. Box 679, Scarborough, Ontario M1K
5C5, or call 1-800-465-6887.
For Latin American customers: Should you have any questions concerning
this Agreement or Lotus' software use policies, call or write your local
sales office.
For customers in all other countries: Please call or write your local
Lotus sales office.