License Agreement for Source Code Libraries
This Source Code License Agreement ("this Agreement") is NOT an agreement for sale. The Author and Copyright holder ("the Licensor") retains full ownership of this Source Code Library ("this Library") and reserves all rights not expressly granted in this Agreement.
In consideration of payment from the individual or company on record ("the Licensee"), the Licensor hereby grants a nonexclusive, nontransferable, royalty-free license to the Licensee in accordance with the terms and conditions set forth in this Agreement.
1. DEFINITIONS.
1.1 "Source Code" shall mean any sequence of statements and/or declarations written in a high-level language such as FORTRAN , C/C++, Java and Perl, which can be compiled into object code or machine code or executed by an interpreter.
1.2 "Object Code" shall mean the machine language representation of Source Code that is created by a process generally known as "compilation" or any other process that translates Source Code into a form that may be immediately executable or that may be combined with other object code files, e.g. libraries, to produce a complete executable program.
1.3 "Derived Works" shall mean any Source Code, Object Code or binary executable that contains Source Code originating from this Library that has been modified in whole or in part.
2. PERMITTED AND RESTRICTED USES.
2.1 The Licensee IS permitted to:
- Copy this Library and/or the Source Code of Derived Works to a secure area of any computer or network that can ONLY be accessed by the Licensee.
- Use the Source Code in this Library to create Derived Works.
- Sell or distribute Derived Works in the form of binary executables or Object Code.
2.2 The Licensee IS NOT permitted to:
- Copy this Library and/or the Source Code of Derived Works to an area of any computer that can be accessed by a third party.
- Transfer, sell, or otherwise disclose any portion of this Library (or Derivative Works) in Source Code form.
3. WARRANTY DISCLAIMER
NO OTHER WARRANTIES. THIS LIBRARY IS LICENSED TO THE RECIPIENT "AS IS", AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE RECIPIENT ASSUMES ALL RISKS WHEN USING IT. AUTHOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. UNDER NO CIRCUMSTANCE WILL LIABILITY EXCEED THE ORIGINAL PURCHASE PRICE OF THE LICENSED SOURCE CODE LIBRARY, REGARDLESS OF THE FORM OF CLAIM.
This agreement shall be governed by the laws of the State of Colorado. Any action or proceeding brought by either party against the other, arising out of or related to this Agreement, shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in the State of Colorado. The parties hereby consent to in personam jurisdiction of said courts.