LispWorks® Software License Agreement

Personal Edition
IMPORTANT: IN ORDER TO INSTALL THIS SOFTWARE, YOU MUST FIRST READ THE FOLLOWING
TERMS AND CONDITIONS. BY SELECTING THE "I ACCEPT..." OPTION AT THE END OF THIS
DOCUMENT, YOU ARE EXPRESSLY AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDIT
IONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS
OF THIS AGREEMENT, SELECT THE "I DO NOT ACCEPT ..." OPTION AND CLICK "NEXT"; THE
INSTALLATION PROCESS WILL BE ABORTED AND YOU MAY RETURN THE SOFTWARE TO THE VEN
DOR FOR A REFUND.
1. License Grant. This agreement ("Agreement") sets out the terms and condition
s on which LispWorks Ltd ("the Vendor") grants to you, the Customer ("you") a no
n-exclusive, non-transferable license to use the Vendor's LispWorks Personal Edi
tion software product and related documentation ("Software") solely for the purp
ose of developing and testing applications written in the Lisp programming langu
age.
2. Other Versions and Products. You acknowledge that the media on which the Soft
ware is supplied may contain multiple versions of the Software as well as the Ve
ndor's other products, including, but not limited to, the Professional Edition a
nd Enterprise Edition of the Software. You agree that, unless you have a time li
mited license for the purposes of evaluating the Software prior to purchase ("Ev
aluation License"), you are licensed to use only the version or product for whic
h you have paid. If you have an Evaluation License your license will terminate i
mmediately on the termination of the time-limited evaluation license key issued
to you and in any event not later than the expiration of one month from the date
when your evaluation license was issued. You agree not to use the Software afte
r this period for any purpose without obtaining a license from the Vendor. If yo
u order and pay for licenses for another version or for an optional or additiona
l product, then such version or product shall become licensed Software under thi
s Agreement, and your use of it shall be subject to the terms and conditions of
this Agreement.
3. Non-Commercial Use Only. You may only use the Software for not-for-profit pur
poses including teaching and research and personal use. You may also use the Sof
tware for evaluation purposes. Use of the Software for the development of any co
mmercial software product is strictly prohibited under the terms of this Agreeme
nt and such use shall serve to automatically terminate the license granted hereu
nder.
4. Installation. This license allows a single user to use a single "Installation
" of the Software at any one time. For the purposes of this Agreement, an "Insta
llation" means a single deployment of the Software whether on a physical compute
r or on a virtual machine (being a single instance of an operating system runnin
g on physical hardware where such hardware may also support other operating syst
ems each of which operates as a virtual computer).
5. Copying, Modification and Distribution. You may not copy the Software except
as necessary to exercise your rights under this Agreement and to make one (1) co
py of the Software in machine readable form for back-up or archival purposes onl
y. You may not translate, reverse engineer, decompile, disassemble, modify or cr
eate derivative works based on the materials, except as expressly permitted by t
he law of this Agreement. You may modify the Software and/or merge it into anot
her program solely for your use in accordance with this Agreement. Any portion
of the Software merged into another program will continue to be subject to the t
erms and conditions of this Agreement. Except for the distribution of runtime v
ersions of the software ("Runtimes") in accordance with the following paragraph,
this license does not permit the distribution of the Software, or any part ther
eof, to any third party.
6. Distribution of Runtimes. You may not copy or distribute any Runtimes.
7. Purchase Orders. You agree to pay the appropriate license fees to the Vendor
within thirty (30) days of the invoice date. Acceptance of the Software shall be
deemed to occur on the tenth day after shipment. In no event shall the terms of
any purchase order become binding on the Vendor even if an acknowledgment copy
is signed by the Vendor.
8. Ownership; Confidentiality. You acknowledge and agree that the Software conta
ins the confidential and proprietary information of the Vendor and its licensors
and is provided solely under the terms and conditions of this Agreement. All r
ight, title and interest in and to the Software, including, but not limited to,
patent copyright, trade secret, trademark and all other intellectual property ri
ghts are and shall remain in the Vendor or its licensor. You shall not remove an
y product identification, copyright notices, or other legends set forth on the S
oftware and shall reproduce all such notices on any copies. You shall have no r
ight in the Vendor's or its third party licensors' trademarks in connection with
the Software, or with its promotion or publication, without the Vendor's prior
written approval.
9. Limited Warranty. The Vendor warrants for a period of thirty (30) days from t
he date of original delivery that (a) the Software will perform substantially in
accordance with the accompanying user documentation when used as described ther
ein; and (b) that the media containing the Software will not prove defective und
er normal use. The Vendor does not warrant that the Software will be error free
or that the Software will meet your requirements. The Vendor's sole responsibi
lity under this warranty will be, at its option, (1) to replace at no additional
charge any defective media containing the Software that are returned within the
thirty (30) day warranty period or (2) to use reasonable efforts to correct err
ors that are reported to the Vendor within the foregoing warranty period or (3)
to refund to you license fees paid for use of the Software.
THE REMEDIES SET FORTH IN THIS SECTION 9 ARE YOUR SOLE AND EXCLUSIVE REMEDIES AT
LAW OR IN EQUITY FOR BREACH OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW
, THE VENDOR DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLI
ED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF QUALITY AND FITNESS
FOR A PARTICULAR PURPOSE.
10. Limitation of Liability. EXCEPT IN RESPECT OF PERSONAL INJURY OR DEATH CAUSE
D BY THE NEGLIGENCE OF LISPWORKS LTD OR ANY OTHER LIABILITY WHICH MAY NOT BE EXC
LUDED BY LAW IN NO EVENT SHALL THE VENDOR OR ITS LICENSORS BE LIABLE FOR ANY LOS
S OF PROFITS, LOSS OF BUSINESS, LOST SAVINGS LOSS OF DATA OR ANY DIRECT OR INDIR
ECT SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF THE VENDOR HAS BEEN AD
VISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE VEND
OR'S LIABILITY EXCEED THE AMOUNT OF LICENSE FEES PAID BY YOU FOR USE OF THE SOFT
WARE. NOTHING IN THIS AGREEMENT LIMITS LIABILITY FOR FRAUDULENT MISREPRESENTATIO
N.
11. US Government Restricted Rights. This Software is a commercial computer soft
ware program developed at private expense and is provided with restricted rights
. The Software provided herein may not be used, reproduced, or disclosed by the
Government except as set forth in this EULA and as provided in DFARS 227.7202-1(
a), 227.7202-3(a) (1995), FAR 12.212(a)(1995), FAR 52.227-19, and/or FAR 52.227-
14 Alt III, as applicable. Manufacturer: LispWorks Ltd, St John's Innovation Ce
ntre, Cowley Road, Cambridge CB4 0WS, UK. You agree to include this Notice in an
y software application, including any associated documentation, you distribute u
sing this Software, in whole or in part. Rights reserved under the copyright la
ws of the United States.
12. Statutory Rights. This license gives you specific legal rights and you may a
lso have other rights that vary from country to country. Some jurisdictions do n
ot allow the exclusion of implied warranties, or certain kinds of limitations or
exclusions of liability, so the above limitations and exclusions may not apply
to you. Other jurisdictions allow limitations and exclusions subject to certain
conditions. In such a case the above limitations and exclusions shall apply to t
he fullest extent permitted by the laws of such applicable jurisdictions. If any
part of the above limitations or exclusions is held to be void or unenforceable
, such part shall be deemed to be deleted from this Agreement and the remainder
of the limitation or exclusion shall continue in full force and effect. Any righ
ts that you may have as a consumer (that is, a purchaser for private as opposed
to business, academic or government use) are not affected.
13. Export Control. You may not export or re-export the Software or any underlyi
ng information or technology except in full compliance with all applicable laws
and regulations of all applicable countries.
14. Governing Law. This Agreement shall be construed in accordance with the laws
of England and the parties submit to the non-exclusive jurisdiction of the Engl
ish courts.
15. Non-Assignment; Entire Agreement. Except as in accordance with this Agreemen
t, you shall not sell, assign, sublicense or otherwise transfer the Software wit
hout the Vendor's prior written consent. Any such attempted transfer shall be vo
id. This Agreement constitutes the entire agreement between the parties and sup
ersedes all other communications between the parties relating to the subject mat
ter hereof. This Agreement may only be modified by a writing signed by the Vend
or.
16. Termination. The Vendor may terminate this Agreement if you fail to comply w
ith any of the terms and conditions of this Agreement. Upon termination, you sh
all cease using the Software and shall destroy or return to the Vendor all copie
s of the Software.
Copyright © 2010 LispWorks Ltd. All rights reserved. LISPWORKS is a registered t
rademark of LispWorks Ltd.