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[原创] 某企业外销产品的软件许可协议

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  • TA的每日心情
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    [LV.10]以坛为家III

    发表于 2008-7-2 16:59:41 | 显示全部楼层 |阅读模式
    快速获得阅读权限、下载权限、提升会员组攻略【新手必看】2016-03-03更新

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    x
    SOFTWARE LICENSE AGREEMENT
    For Customer and End-User of XXX Product

    XXX  Technology Co., Ltd. (“XXX”)
    XXXXXX(“Customer”)
    XXXXXX(“End-User”)

    This software license ("License") contains rights and restrictions which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software"). Read the License carefully before installing the Software. By installing the Software the end-user agrees to the terms and conditions of this License.

    1. Limited License Grant. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. XXX grants to the end-user ("Licensee") a non-exclusive, non-transferable limited license to use the software in machine-readable form, together with accompanying documentation ("Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.

    2. Restrictions. Software is copyrighted and titled to all copies retained to XXX and/or to a third party in contract with XXX. Customers shall not make copies of Software, other than a single copy of Software for archival purposes and, if applicable, Customer may, for its internal use only, print the number of copies of on-line documentation for which the applicable fee has been paid, in which event all proprietary rights notices on software shall be reproduced and applied. Except as specifically authorized elsewhere in this agreement or unless enforcement of this provision is prohibited by applicable law in both the People’s Republic of China or in Iran. Customer shall not modify, decompile, dissemble, decrypt, extract, or otherwise reverse engineer Software. Software is not designed or licensed for use in on-line control equipment in hazardous environments such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines.

    3. Confidentiality. Software is confidential and proprietary information of XXX and/or third party in contract with XXX. Customer agrees to take adequate steps to protect Software form unauthorized disclosure or use.

    4. Limited Warranty. XXX warrants that for a period of time (for which the corresponding fee has been paid) the media on which Software is furnished will be free of defects in materials and workmanship under normal use. Otherwise, the Software is provided "AS IS". This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and XXX's entire liability under this limited warranty will be, at XXX's option, to repair or replace the Software, or refund the license fee paid therefore.

    5. Disclaimer of Warranty. Except as specified in this license, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, are hereby excluded to the extent allowed by applicable law.

    6. Limitation of liability. In no event will XXX be liable for any lost revenue, profit or data, or for special, indirect consequential, incidental or punitive damages however caused and regardless of the theory of liability arising out of the use of or inability to use the software, even if XXX has been advised of the possibility of such damages. In no event shall XXX's liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the license fee paid by Customer for Software. The foregoing limitations shall apply, even if the above stated warranty fails of its essential purpose.

    7. Termination. This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including documentation. This License will terminate immediately without notice from XXX if Customer fails to comply with any provision of this License. The foregoing limitations shall apply, even if above stated warranty fails of its essential purpose.

    8. Governing Law. This agreement is made under, shall be governed by and construed in accordance, with the laws of the People’s Republic of China, excluding its choice of law provisions.

    9. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the Licensee to be otherwise enforceable in such jurisdiction. However, if in XXX's opinion deletion of any provisions of the Licensee by operations of this paragraph or unreasonable compromises the rights or liabilities of XXX or third party in contract with XXX, XXX reserves the right to terminate the License and refund the fee paid by Customer as Customer's sole and exclusive remedy.

    10. Integration. This Agreement is the entire agreement between Customer and XXX  relating Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between parties during the term of this Agreement. No modification to the Agreement will be binding, unless in writing and signed by a duly authorized representative of each party.
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  • TA的每日心情
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    [LV.10]以坛为家III

     楼主| 发表于 2008-7-3 17:11:23 | 显示全部楼层
    这可是实际使用的版本啊,经过专门的律师把关的。
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