BINDVIEW 2-2005 - Laserfiche WebLink

Home Browse Search

2.3 Deliyery 2.4 Acceptance testing 2.5 License fee 2.6 Your use rights 2.7 License-Unit requirements 2.8 License Unit substitution 2.9 Certain restricted practices 2.10 Termination SOFTWARE LICENSE PROVISIONS , "4. We will deliver the Software, its Documentation, and the license codes for the Li- cense, promptly upon the parties' agreement to the Order Fonn (if and [0 the extent we have not already done so). All acceptance testing will be deemed complete when lheparties agree to the Order Foml, unless the Order Fonn expressly says othen-vise.4 There is no charge for a License except as set forth in the applicable Order Foml. You may use the Sofhvare (I) for your internal business use, and (2) for reasonable disaster-recovery and disaster-testing purposes that does not amount to production use. In addition, you may make a reasonable number of copies for backup and disaster- recovery purposes. You must be licensed for each distinct License Unit in connection with which you use the Software. You may not use the Software in connection with more, in the aggre- gate, than the number of distinct corresponding License Units for such Software for which you are licensed. 'fyou are provided with a new or different version of the Software, that will not in itself increase the number of License Units for which you are licensed even if the new or different version has a different license code; you may not use both the new or different version and another version if such use would exceed the use permitted by the License. If you pennanently replace a licensed License Unit in your netwark with another one, you may transfer the license to the replacement License Unit. (The previous sentence does not apply to migration Software?) Except as otherwise provided in this Agreement, you may not: a) use the Software on behalf of others; b) pennit or knowingly assist others to make unlicensed use of the Software; c) rent, lease, sell, sublicense, assign,~ or otherwise transfer or provide the Software or Documentation to others; or d) decompile, disassemble, or reverse engineer the Software or any part of it in any manner. Nor may you knowingly pennit or assist anyone else to do any of the foregoing, ex- cept that if applicable law permits you to engage in such activities notwithstanding this Agreement, you will provide us with advance notice and reasonably detailed informa- tion concerning your intentions in that regard. See Section 8 (termination of Licenses and/or maintenance), Section 13 (termination of Statements ofWark). 4 Section 2.4: Acceptance testing is a revenue-recognition issue for publicly-traded soff>>.lare companies. such as Bind View. We offer our customers a significam pre-license trial period, and presume you will not buy a license until you are satisfied with your testing. See also the warranty provisions in Section 4.1. 5 Section 2.8: As a hypothetical example, suppose that you purchased X number 0/ migration licenses to use an item of Soft- ware, for the purpose 0/ migrating X user accounts in your neMork. !/you "-'ere allowed to re~use the migration licenses as pro- vided above for nOli-migration software, you could migrate 2X 3X etc.. user accou1lts, while paying the agreed license fee for onfv X user accounts. 6 Section 2.9: The General Provisions conJain an assignment clause (Section 22./6) that nearly all BindView customers have found to be acceptable. See also the affiliate-related assignme1lt clause in Section 23.4. BINDVIEW CUSTOMER AGREEMENT 95-3172 PAGE 5