This Software License Agreement (the Agreement) is a legal agreement between you the end user (the End User) and Swedish Institute of Computer Science, PO Box 1263, SE-164 29 Kista, Sweden (SICS).
1.1 Software means the software product, SICStus Prolog, version 3, delivered as binary code and Documentation delivered by SICS to the End User.
1.2 Documentation means all documentation in machine readable form (User's Manual and Release Notes) that is provided with the Software.
1.3 Application Programs means the End User's stand-alone applications developed on the Software and packaged with the parts of the Software known as bin/sprt*.*, lib/libsprt*.*, and any files from library/, where these paths are relative to the installation directory.
1.4 Anniversary Date means the last day of the month in which the Software was shipped to the End User.
1.5 Maintenance means in writing consultation, bug fixes and error corrections.
2.1 Subject to the terms and conditions of this Agreement, SICS hereby grants the End User, and the End User accepts, a non-exclusive, non-transferable, paid-up license to use Software as follows:
By virtue of this Agreement the End User acquires only the rights in Section 2, Grant of License. All right, title and interest in the Software remains with SICS. However, the Software consists of modules for which there are and shall remain other exclusive owners. Such other owners are specified in Exhibit A.
4.1 Provided that the End User has paid for Maintenance, SICS warrants to the End User for a period of three months from the first Anniversary Date that the Software will perform the functions described in the Documentation provided by SICS. If SICS finds a deviation in the Software's performance during this period, SICS will use its best efforts to replace or modify the Software so that it performs substantially in accordance with the Documentation.
Other than as stated in this Section 4, there is no representation or warranty, express or implied, as to any matter whatsoever, including without limitation, the condition of Software, its merchantability or fitness for a particular purpose.
4.2 If the End User does not pay for Maintenance, the Software is distributed as is.
4.3 After payment of the Maintenance Fee listed in Exhibit B, the End User shall be provided Maintenance according to this Section.
4.4 Maintenance of the Software under this Agreement is available for not longer than 12 months after the new version becomes generally available.
4.5 SICS undertakes to make reasonable efforts to provide the End User the following Maintenance services in respect to the use of the Software, as stated in the Section 4.6 through 4.10.
4.6 Error(s) verification. Any reproducible error(s) for which verification is required shall be reported in writing to SICS. The End User undertakes, before an Error(s) report is sent to SICS, to ascertain that the Error(s) has not already been reported by SICS; verify that the Error(s) is reproducible; and provide to SICS, in machine readable form, all the information necessary to reproduce the Error(s). SICS undertakes to confirm receipt of the Error(s) report in writing to the End User; analyze the Error(s) report and verify the existence of the Error(s); and, if the reported Error(s) seriously affects the use of the Software and can be circumvented, to create a temporary solution.
4.7 Consultation and Advice. SICS shall in writing provide answers to questions regarding installation, configuration and documentation, as well as generally advice regarding submitted reports on Error(s).
4.8 Updating of the Software. SICS shall make available to the End User all updates of the Software as soon as these have been officially introduced by SICS.
4.9 Provisions of new version. SICS shall advise the End User of new versions of the Software forthwith upon their being made generally available.
4.10 SICS will have no obligation to correct defects or difficulties due to the End User modifying the Software, changing its system or computer environment, using the Software on equipment not recommended by SICS or installing it in a way not recommended by SICS, or other causes external to the Software. Such recommendations are found in the Release Notes which are part of the Software delivered by SICS.
4.11 The Maintenance Fee listed in Exhibit B shall be payable yearly in advance within thirty (30) days after the first Anniversary Date and, unless Maintenance is canceled by either party, at least thirty days before each subsequent Anniversary Date.
4.12 The End User will pay a Maintenance reinstatement fee according to Exhibit B if the End User should choose not to start Maintenance directly after the delivery or if Maintenance is discontinued and the End User wishes to reinstate Maintenance at a later point.
To the best of SICS's knowledge the Software or the use thereof does not infringe any third party's rights. SICS shall have no responsibility what so ever for any claims of infringements of patents, trademarks, industrial designs, copyrights or other property rights affecting the End User's use of the Software.
The foregoing states the entire liability and obligation of SICS with respect to infringement or claims of infringement of any patent, copyright, trade secret, or any other proprietary right.
SICS shall not be liable to the End User for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Agreement, the Software, its use or otherwise.
Notwithstanding the generality of the above, SICS expressly excludes liability for consequential loss or damage which may arise in respect of the Software, its use, the system or in respect of other equipment or property, or for loss of profit, business revenue, goodwill or anticipated savings.
Regardless of whether any remedy fails of its essential purpose, in no event will SICS be liable for incidental, indirect, special or consequential damages, notwithstanding being aware of the possibility of such damages.
This Agreement shall be governed by and construed in accordance with the substantive laws of Sweden.
List of software modules owned by third parties distributed by SICS with the SICStus Prolog Software.
Fees applicable to SICStus Prolog release 3 exclusive Value Added Tax (VAT). The fees are subject to change by SICS once a year. For customers in Sweden there will be Swedish VAT added (at present 25%).
Email: sicstus-request@sics.se Fax: +46 8 751 7230 Phone: +46 8 633 1500
Email: sicstus-contract@sics.se Fax: +46 8 751 7230 Phone: +46 8 633 1500
Email: sicstus-support@sics.se Fax: +46 8 751 7230 Phone: +46 8 633 1500
Title/Name: ___________________________________________ Email: ________________________________________________ Fax: ________________________________________________ Phone: ________________________________________________ Address: ______________________________________________ VAT number: ___________________________________________ Your Purchase Order Number:____________________________
Hardware model: _______________________________________ Operating system: _____________________________________