Recently, ASK proposed a component to import Lotus Notes mails and documentation into Deki Wiki platforms under this type of licence.
Let's come back to LICENCE for ASK STANDARD Components/Packages :
A LICENCE IS A
LEGAL AGREEMENT BETWEEN ASK S.A./N.V. (it means AG[D]/Ltd[UK]) AND YOU
(EITHER AN INDIVIDUAL OR A SINGLE ENTITY, THE "LICENSEE"). THIS
SOFTWARE LICENSE AGREEMENT APPLIES TO EACH SOFTWARE PROGRAM LICENSED BY
'ASK' TO THE LICENSEE, AND TO THE DOCUMENTATION PROVIDED WITH SUCH
SOFTWARE PROGRAMS, AS WELL AS ANY UPDATES OR ENHANCEMENTS PROVIDED BY
'ASK' WITH RESPECT TO SUCH SOFTWARE PROGRAMS OR DOCUMENTATION.
Programs
and documentations from 'ASK' are classified (DOD) as "commercial
computer software" and its "commercial computer software documentation"
This licence is not an Open Source Licence.
[NOTE : ASK has nothing to relate to ASK JEEVES, another company active in IT]
THIS AGREEMENT IS TO READ BEFORE INSTALLING THE SOFTWARE PROGRAM.
"BY
INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PROGRAM ON A
COMPUTER, YOU ARE DECLARING THAT YOU HAVE READ THIS AGREEMENT AND
UNDERSTAND ALL THE TERMS, CLAUSES AND CONDITIONS, AND THAT YOU AGREE
WITH AND ARE COMMITTED TO RESPECTING THEM. SHOULD YOU NOT ACCEPT THE
TERMS, CLAUSES AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE
INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PROGRAM".
I. DEFINITION
"Software":
Complete and documented set of programs designed for one or several
users and intended for the same application or the same function.
"Computer": The Computer is identified by its type, its serial and identification numbers and its operating system version.
II. NATURE OF THE OPERATION
'ASK' grants the Licensee the right to use the Software, according to the conditions described hereafter.
III. AIM OF THE AGREEMENT
The
aim of this agreement is to: (i) grant the Licensee the right to use
the Software. This right is granted for non-commercial usage and is
neither exclusive nor transferable.
IV. DURATION OF THE AGREEMENT
This agreement is valid for the legal duration of the legal intellectual property.
V. THE LICENSEE'S USAGE RIGHTS
V.1
'ASK' grants the Licensee the right to use the Software for an
application exclusive to his own needs as long as this application
remains all or a part of a non-commercial application.
V.2 The Licensee will refrain from any type of use not explicitly authorized by the present agreement.
VI. SOFTWARE GUARANTEE
VI.1
The Licensee, having been informed of the technical characteristics of
the Software, has selected the Software of his own free will and
according to his own needs, as he himself has identified them.
VI.2
'ASK' guarantees that the delivered Software will substantially comply
with the functions described in the Software User Guide.
In
particular, 'ASK' does not guarantee that the Licensee's use of the
Software will be uninterrupted or error-free. Nevertheless, a high
quality control reduces such risks
VII MODIFICATION
The
Licensee agrees that he shall make no modifications to the Software
without 'ASK's prior written consent. Any breach of this clause clears
'ASK' of its obligations.
VIII. COUNTERFEITING GUARANTEE
VIII.1 'ASK'guarantees the Licensee against all counterfeiting.
VIII.2
In light of this, 'ASK' will be responsible for any compensation the
Licensee may be required to pay resulting from a final court order
exclusively based on the counterfeiting being proved, either by a
patent or by a copyright in the country where the Software has been
delivered, subject to 'ASK's right to obtain compensation for any harm
done through any modifications the Licensee may have made to the
Software.
VIII.3 This guarantee is subject to the following
express conditions: (i) that the Licensee has notified 'ASK' in writing
within ten (10) calendar days and provided 'ASK' with a copy of the
summons announcing the counterfeit suit, or, failing that, the
declaration of a third person having preceded this action; (ii) that
'ASK' has been able to defend its own interests, as well as those of
the Licensee, and to this end, that the Licensee has participated
honestly in the said defense, by providing all the elements,
information and assistance necessary to carrying such a defense through
to a successful conclusion.
VIII.4 If use of the Software is
prohibited further to a counterfeit suit or a transaction signed with
the plaintive in the counterfeit action, 'ASK' will endeavor, at its
own cost and by its own choice: (i) either to obtain for the Licensee
the right to continue using the Software, (ii) or to replace it by a
Software which is not the object of a counterfeit suit, (iii) or to
modify the Software in such a way as to avoid the said counterfeiting.
IX. LIABILITY LIMITATION
IX.1
The success of the use of the Software does not depend solely on the
quality of the Software and services supplied, but also on factors
over which 'ASK' has no control, such as the qualification and skill of
the Licensee. As a result, 'ASK' is responsible only for providing the
Software.
IX.2 With the exception of the responsibility for
ensuring that the Software conforms substantially to the functions
described in the Software User Guide, the Licensee takes entire
responsibility, notably: (i) for how well the Software meets his needs;
(ii) for the use of the Software; (iii) for its qualifications and
competence; (iv) for the appropriateness of the environment in which
the Software will be operating.
IX.3 The Licensee expressly
acknowledges having carried out all necessary research and taken all
appropriate measures to obtain all the necessary information allowing
him to evaluate how well the Software meets his needs, and to take all
useful precautions with regard to its implementation and use.
IX.4
Under no circumstances will 'ASK' be held responsible for compensating
the Licensee for any possible direct or indirect loss, notably any
commercial or operational loss, or for a loss of earnings, even if it
has been informed of the possibility of such a loss.
IX.5 Under
no circumstances can 'ASK' be held responsible for time lost or
production problems caused by or resulting from the defective
functioning of the Software.
X. PROPERTY
X.1 The granting
of usage rights does not give rise to the transfer of any proprietary
rights, since 'ASK' retains the right to assert itself as the owner of
the Software and all information contained therein, and remains the
only beneficiary of royalties resulting from it.
X.2 The
Licensee will refrain from granting, transmitting or communicating to a
third party, even free of charge, the usage rights conferred by the
present agreement.
X.3 The Licensee will refrain from: (i)
giving, in whatever form, all or part of the Software media, programs
or other elements concerning the Software; (ii) copying or reproducing,
in whole or in part and by whatever means, the Software or its
documentation; (iii) from translating or transcribing, in whole or in
part, the Software or its documentation into any other language or
computer language and from adapting them; (iv) from disassembling,
de-compiling or reconstituting the functional logic of the whole or a
part of the Software.
X.4 The Licensee will, however, be
authorized to copy the Software, providing he limits the number of
copies to one (1) copy and that he uses the copy made only for his own
personal security and archiving needs (replacing a faulty copy).
X.5
'ASK' remains the owner of any possible invention or improvement made
during services provided to the Licensee by 'ASK' within the framework
of the present agreement.
X.6 THE PROGRAM IS PROVIDED TO YOU "AS
IS", WITHOUT WARRANTY. There i sno warranty for hte program, either
expressed or implied, including,but not limited to, the implied
warranties of merchantability and fitness for a particular purpose and
noninfringement of third party rights. The entire risk as to the
quality and performance of the progam is with you?
IN NO EVENT
unless required by applicable law or agreed to in writing will
licensor, or any other party who may modify and/or redistribute the
program as permitted above , be liable fo all damages including any
general, special, incidental or consequential damages arising out of
the use or inability to use the program (including nut not mimited to
loss of data or data being rendered inaccurate or losses sustained by
you or thirs parties or a fialure of the program to operate with any
other program), even if such holder o other paty has been advised of
the possibility of such damages.
XI. ADVERTISING
'ASK'
will NOT expressely cite the Licensee on its Internet site when
referring to usage of its Software. But a general description of the
case study could be explained as a success story.
XII. CONFIDENTIALITY
The
information communicated by 'ASK' with regard to the Software must only
be used by the Licensee within the context of his usage. The Licensee
is forbidden from divulging this type of information to anyone
whatsoever. The Licensee agrees to take all steps necessary, so that
himself or its employees or representatives, who have access to this
information, also respect this obligation. The Licensee undertakes to
protect this information in the same way he protects his own
confidential information.
XIII. TERMINATION OF THE CONTRAT
The present agreement can be terminated according to the conditions hereafter:
XIII.1
The right to terminate the agreement can be exercised unilaterally by
either Party, if the other Party contravenes the dispositions of the
present agreement. Termination will take effect fifteen (15) days
after notice has been given to the Licensee by registered post with
acknowledgement of receipt, inviting the Licensee to remedy such a
breach of agreement, and if the Licensee does not act upon this notice.
XIV. FORCE MAJEURE
'ASK' reserves the right to cancel
all or a part of its obligations whose execution has been rendered
impossible or difficult through an accidental incident, the action of a
third party, such as war, mobilization, total or partial strikes,
lock-outs, epidemics, an export ban or other export impossibility,
fires, flooding and accidents. This list is not exhaustive.
XV. FURTHER DISPOSITIONS
The
present “End User License Agreement” document expresses the entire
agreement between the parties and substitutes all other documents or
agreements, whether written or verbal, concluded prior to the agreement
and related to the same subject. Any modification of the present
agreement can only be made through an amendment accepted and signed by
the Licensee and 'ASK'. The present agreement excludes the application
of any possible general conditions that the Licensee may have.
XVI APPLICABLE LAW - COMPETENT JURISDICTION
The present agreement is subject to Belgian law for Belgian Licensees.
Otherwise,
any possible litigation between the parties regarding the execution and
interpretation of the present agreement will be handled by the ICC
(International Chamber of Commerce)
INFO : The ICC promotes on a
worldwide scale the settlement of international business disputes by
means of arbitration, mediation, expertise, dispute boards and other
forms of ADR. Please visit :