SICSTUS PROLOG
ACADEMIC SOFTWARE LICENSE AGREEMENT
By ordering the Software (as defined below) this Software License
Agreement (the Agreement) will be a binding Agreement between
you—(the Licensee)—and RISE AB, Swedish org no: 556464-6874,
PO Box 1263, SE-164 29 Kista, Sweden (RISE), whereby the Licensee will
use the Software under the terms and conditions set forth below.
1 Definitions
1.1 Software means the software products, SICStus Prolog, version 4,
delivered as binary code and Documentation delivered by RISE to the Licensee.
1.2 Documentation means all documentation in machine readable form
of the accompanying manuals (User's Manual and Release Notes)
that is provided with the Software.
1.3 Application Programs means the Licensee'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 Acceptance Date means the last day of the month in which the Licensee is ordering the software.
1.5 Maintenance means bug fixes and error corrections in writing.
1.6 Site means:
a branch or campus of a public institution such as a university.
2 Grant of License
2.1 Subject to the terms and conditions of this Agreement, RISE hereby grants
the Licensee, and the Licensee accepts, a non-exclusive, non-transferable,
paid-up
license to use the Software
only on the Site
as follows:
-
To use the Software only for the purpose of research and
education within the Licensee's ordinary field of activities and
within the Site, but not including producing commercial versions of
the Software itself or to use the Software as a basis for or in design
of a commercial software or hardware nor shall it be employed by the
Licensee for any commercial purposes whatsoever.
-
To copy the Software for use in accordance with this
Agreement. The Licensee will furnish each copy with proprietary marks
and symbols identical to those affixed to the Software. All copies of
the Software are subject to the provisions of this Agreement.
-
To make available any number of copies of the Application
Programs to third parties, pursuant to the provisions of this
Agreement.
2.2 The Licensee will make available to RISE any improvements, corrections and
modifications introduced by the Licensee to the Software together with any and all
documents and know-how related thereto. Such documents, in English, will be
furnished without any charge, except delivery costs to RISE at request in each
case.
2.3 The Licensee will grant to RISE without any charge a non-exclusive
right to use such Licensee's know-how as is furnished to RISE under this
Agreement and a non-exclusive license to exercise such Licensee's
copyrights and patents relating to the Software, inclusive of
sub-licensing of said Licensee's know-how, copyrights and patents in
connection with RISE's licensing of the Software.
2.4 Subject to the terms and conditions of this Agreement and upon payment
of the Sub-licensing Right Fee stated in Exhibit B,
RISE grants the Licensee a
non-exclusive, non-transferable, time-limited right to sub-license the
binary code of the Software to individual students
registered with the Licensee free-of-charge pursuant to the conditions stated in
Exhibit D.
The grant of right to sub-license the binary code of the Software shall
remain in force as long as the Licensee is provided Maintenance according to
Section 5 of this Agreement.
3 Ownership
By virtue of this Agreement the Licensee acquires only the rights in Section 2
Grant of License. All right, title and interest in the Software remains with
RISE. 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 Warranty
Provided that the Licensee has paid the applicable fees, RISE warrants
to the Licensee for a period of three months from the Acceptance Date
that the Software will substantially perform the functions described in the
Documentation provided by RISE. If RISE finds a substantial deviation in the
Software's performance during this period, RISE 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 the software, its merchantability
or fitness for a particular purpose.
5 Maintenance
5.1 Maintenance is included the first year from the Acceptance
Date. From the second year a Maintenance Fee will apply according to
the fees listed in Exhibit B.
5.2 Maintenance of the Software under this Agreement is available for
not longer than 12 months after a new version of the Software becomes
generally available.
5.3 RISE undertakes to make reasonable efforts to provide the Licensee the
following Maintenance in respect to the use of the Software, as stated
in this Section 5.4 through 5.8.
5.4 Any reproducible error(s) for which verification is required shall
be reported in writing to RISE. The Licensee undertakes, before an
Error(s) report is sent to RISE, to ascertain that the Error(s) has
not already been reported by RISE; verify that the Error(s) is
reproducible; and provide to RISE, in machine readable form, all the
information necessary to reproduce the Error(s). RISE undertakes to
confirm receipt of the Error(s) report in writing to the Licensee; 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.
5.5. RISE shall in writing provide answers to questions regarding
installation, configuration and documentation, as well as generally
advise regarding submitted reports on Error(s).
5.6 RISE shall make available to the Licensee all updates of the Software
as soon as these have been made generally available by RISE.
5.7 RISE shall advise the Licensee of new versions of the Software as soon
as they have been made generally available.
5.8 RISE will have no obligation to correct defects or difficulties
due to the Licensee modifying the Software, changing its system or
computer environment, using the Software on equipment not recommended
by RISE or installing it in a way not recommended by RISE, or other
causes external to the Software. Such recommendations are found in the
Release Notes which are part of the Software delivered by RISE.
6 Indemnification
To the best of RISE's knowledge the Software or the use thereof does not
infringe any third party's rights. RISE shall have no responsibility whatsoever
for any claims of infringements of patents, trademarks, industrial
designs, copyrights or other property rights affecting the Licensee's use of the
Software.
The foregoing states the entire liability and obligation of RISE with
respect to infringement or claims of infringement of any patent,
copyright, trade secret, or any other proprietary right.
7 Non-Disclosure
By virtue of this Agreement, the parties may have access to
information that is confidential to one another (Confidential
Information). Confidential Information shall be limited to the
Software and all information clearly marked as confidential.
A party's Confidential Information shall not include information which
a) is or becomes a part of the public domain through no act or
omission of the other party; or b) was in the Licensee's lawful
possession prior to the disclosure and had not been obtained by the
Licensee either directly or indirectly from RISE; or c) is lawfully
disclosed to the other party by a third party without restriction of
disclosure; or d) is independently developed by the other party; or e)
is distributed as permitted under this agreement with Application
Programs.
The parties agree, both during the term of this Agreement and for a
period of five years after termination of the Agreement and of all
licenses granted hereunder, to hold each other's Confidential
Information in confidence. The parties agree not to make each other's
Confidential Information available in any form to any third party or
to use each other's Confidential Information for any other purpose
than the implementation of this Agreement. Each party agrees to take
all reasonable steps to ensure that Confidential Information is not
disclosed or distributed by its employees, students or agents in
violation of the provisions of this Agreement.
8 Limitation of Liability
RISE shall not be liable to the Licensee 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, RISE 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 RISE be liable for incidental, indirect, special or
consequential damages, notwithstanding being aware of the possibility
of such damages.
9 Termination
If either party defaults in the material performance of any provision
of this Agreement, then the non-defaulting party may give written
notice to the defaulting party that if the default is not cured within
thirty (30) days the Agreement will be terminated. If the
non-defaulting party gives such notice and the default is not cured in
the non-defaulting party's reasonable opinion during the thirty day
period, the Agreement will terminate immediately upon notice by the
non-defaulting party.
Termination of this Agreement shall not limit either party from
pursuing any other remedies available to it, including injunctive
relief, nor shall such termination relieve the Licensee's obligation
to pay all fees that accrued prior to termination.
If a license granted in this Agreement is terminated, the Licensee
shall a) cease using, copying and sub-licensing the Software and
Documentation, and b) certify to RISE within one month after
termination that the Licensee has destroyed or has returned the
Software and Documentation including all copies thereof. This
requirement applies to copies in all forms, partial and complete, and
all types of media and computer memory and whether or not modified or
merged into other materials.
Use of Application Programs distributed by the Licensee to its
customers and use of the Software sub-licensed by the Licensee to its
students in accordance with this Agreement shall not be affected by
the termination of this Agreement.
10 Term
The Software shall be under license effective from the Acceptance Date
and shall remain in force until the Licensee discontinues the use of
the Software; or the license is otherwise terminated as provided
herein. New versions of the Software are available under separate agreement
and are not covered or provided by this license.
11 Entire Agreement
This Agreement, including
Exhibit A, Exhibit B,
Exhibit C, and Exhibit D,
sets forth the entire agreement and understanding of the parties relating
to the subject matter herein and merges all prior agreements, discussions, and understandings between them.
12 Governing Law, Arbitration
This Agreement shall be governed by and construed in accordance with
the substantive laws of Sweden.
All disputes, differences or questions between the parties to the
Agreement with respect to any matter arising out of or relating to the
Agreement shall be finally settled under the Rules of Conciliation and
Arbitration of the International Chamber of Commerce, in Stockholm, by
three (3) arbitrators appointed in accordance with the said Rules and
the proceedings shall be conducted in the Swedish language.
All awards may if necessary be enforced by any court having
jurisdiction in the same manner as a judgment in such court.
EXHIBIT A
List of software modules owned by third parties distributed by RISE
with the SICStus Prolog Software.
- CHR
- © Katholieke Universiteit, Leuven.
The full copyright notice is in the file
library('chr.pl').
- clp(Q,R)
- © Austrian Research Institute for Artificial Intelligence.
- clp(R) examples
- © Monash University.
- console.c
- © Jan Wielemaker.
- PiLLoW
- © Technical University of Madrid.
- prolog.el
- © Free Software Foundation.
- MD5 Message-Digest Algorithm
- © RSA Data Security, Inc.
- qsort.ic
- © Regents of the University of California.
The full copyright notice is in the file
library('clpfd/qsort.ic').
- strtod.c
- © AT&T.
The full copyright notice is in the file
library('strtod.h').
- library(xml)
- in the public domain.
- library(plunit)
- © University of Amsterdam.
- library('zinc/globals.mzn'), library('zinc/examples')
- in the public domain.
- zlib compression library
- in the public domain
- OpenLDAP database
- © The OpenLDAP Foundation.
The full copyright notice is in the file
library('lmdb/openldap/LICENSE').
EXHIBIT B
Fees applicable to SICStus Prolog release 4 exclusive Value Added Tax
(VAT). The fees are subject to change by RISE once a year. For
customers in Sweden there will be Swedish VAT added (at present 25%).
One Time License Fee
- Euros 1890 (unlimited number of users)
Yearly Maintenance Fee
- Free of charge for the first year after the Acceptance Date
- One third (1/3) of the applicable One Time License Fee from the second year
The Licensee will be deemed the registered subscriber to RISE Maintenance
services for a period of one (1) year from the Acceptance Date. The
subscription will be prolonged for a period of one (1) year at a time
upon timely receipt of payment of the Maintenance Fee.
Maintenance Reinstatement Fee
- Two thirds (2/3) of the then current One Time License Fee
This Maintenance Reinstatement Fee is applicable where the Licensee wishes to reinstate a lapsed Maintenance Service contract.
Sub-licensing (Optional)
The Licensee registered as a
subscriber to RISE Maintenance services is granted a time-limited
right to sub-license the binary code of the Software to individual
students registered with the Licensee
free-of-charge pursuant to the conditions stated in Exhibit D. The grant of right to sub-license will be
prolonged for a period of one (1) year at a time upon timely receipt
of payment of the Maintenance Fee.
Payment Terms
Any amounts payable under this Agreement are net amounts and are
payable in full to RISE without any deduction for any withholding
taxes. The Licensee agrees to pay any withholding taxes due directly to
the relevant taxing authority. The Licensee shall make payment to RISE
within thirty (30) days after date of invoice. The Maintenance Fee
shall be payable yearly within thirty (30) days after expiration of
the current Maintenance Service period.
EXHIBIT C
Contact Points at RISE
Orders, Invoices, Legal
Email: sicstus-request@ri.se
Maintenance Contact
Email: sicstus-support@ri.se
Contact Points at The Licensee
(please use block letters)
Contract Administration/Invoicing
Title/Name: ___________________________________________
Email: ________________________________________________
Fax: ________________________________________________
Phone: ________________________________________________
Address: ______________________________________________
VAT number (where applicable): ________________________
Your Purchase Order Number:____________________________
Maintenance Contact
Title/Name: ___________________________________________
Email: ________________________________________________
Fax: ________________________________________________
Phone: ________________________________________________
Address: ______________________________________________
Research/Educational Contact
Title/Name: ___________________________________________
Email: ________________________________________________
Fax: ________________________________________________
Phone: ________________________________________________
Address: ______________________________________________
Platform Details
Hardware model: _______________________________________
Operating system: _____________________________________
EXHIBIT D (Student Sub-licensing)
SICSTUS PROLOG
STUDENT SOFTWARE LICENSE AGREEMENT
By receiving the Software (as defined below) this Software License
Agreement (the Agreement) will be a binding Agreement between you - as
the Student - (the Student) and RISE AB, Swedish org no: 556464-6874, PO Box 1263, SE-164 29 Kista, Sweden (RISE).
1 Definitions
1.1 Software means the software product, SICStus Prolog, version 4,
except facilities for generating Runtime Systems, delivered as binary
code and Documentation delivered by RISE to the Student.
1.2 Documentation means all documentation in machine readable form (User's Manual and Release Notes) that is provided with the Software.
2 Grant of License
2.1 Subject to the terms and conditions of this Agreement, RISE hereby
grants the Student, and the Student accepts, a non-exclusive,
non-transferable license to use Software as follows:
-
To use the Software only for the purpose of research and
education, but not including producing commercial versions of the
Software itself or to use the Software as a basis for or in design of
a commercial software or hardware nor shall it be employed by the
Student for any commercial purposes whatsoever.
-
To use the Software on one single computer provided the Software
is in use only on one computer at any time. The Software is in use on
one computer when it is loaded into the temporary memory (i.e. RAM) or
installed into the permanent memory (e.g. hard disk, CD ROM, or other
storage device) of that computer, except that the Software installed
on a network server for the sole purpose of distribution to other
computers is not in use.
-
To make one (1) copy of the Software for archival or back-up
purposes. The Student shall furnish such copy with proprietary marks
and symbols identical to those affixed to the Software. All archival
and back-up copies of the Software are subject to the provisions of
this Agreement.
-
The Student agrees not to cause or permit the reverse
engineering, disassembly, or decompilation of the Software.
3 Ownership
By virtue of this Agreement the Student acquires only the rights in
Section 2, Grant of License. All right, title and interest in the
Software remains with RISE. 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 Warranty
The Software is distributed as is.
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 the software, its merchantability or fitness for a particular purpose.
5 Maintenance
No Maintenance is included.
6 Indemnification
To the best of RISE's knowledge the Software or the use thereof does not
infringe any third party's rights. RISE shall have no responsibility whatsoever
for any claims of infringements of patents, trademarks, industrial
designs, copyrights or other property rights affecting the Student's use of the
Software.
The foregoing states the entire liability and obligation of RISE with
respect to infringement or claims of infringement of any patent,
copyright, trade secret, or any other proprietary right.
7 Non-Disclosure
The Student undertakes (i) to keep in confidence all such information
concerning the Software received under this Agreement, (ii) to use
such information exclusively for the purpose stated in Section 2, and
(iii) to prevent the disclosure of such information.
8 Limitation of Liability
RISE shall not be liable to the Student 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, RISE 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 RISE be liable for incidental, indirect, special or
consequential damages, notwithstanding being aware of the possibility
of such damages.
SICSTUS PROLOG
COMMERCIAL SOFTWARE LICENSE AGREEMENT
By ordering the Software (as defined below) this Software License
Agreement (the Agreement) will be a binding Agreement between you—as
the Licensee including all your employees, if any—(the Licensee) and
RISE AB, Swedish org no: 556464-6874, PO Box 1263, SE-164 29
Kista, Sweden (RISE).
1 Definitions
1.1 Software means the software products, SICStus Prolog, version 4,
delivered as binary code and Documentation delivered by RISE to the Licensee.
1.2 Documentation means all documentation in machine readable form
of the accompanying manuals (User's Manual and Release Notes)
that is provided with the Software.
1.3 Application Programs means the Licensee'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 Acceptance Date means the last day of the month in which the Licensee is ordering the software.
1.5 Maintenance means bug fixes and error corrections in writing.
1.6 User means a physical person permitted to use the Software in accordance with this Agreement.
2 Grant of License
2.1 Subject to the terms and conditions of this Agreement, RISE hereby grants
the Licensee, and the Licensee accepts, a non-exclusive, non-transferable,
paid-up
license to use the Software
up to the Number of Users paid for
as follows:
-
To use the Software for any purpose, including but not limited to
the development of commercial Application Programs, but not including
producing commercial versions of the Software itself.
-
To make one (1) copy of the Software for archival or back-up
purposes. The Licensee shall furnish such copy with proprietary marks
and symbols identical to those affixed to the Software. All archival
and back-up copies of the Software are subject to the provisions of
this Agreement.
-
To make available any number of copies of the programs developed on
the Software to third parties pursuant to the provisions of this
Agreement.
-
The Licensee agrees not to cause or permit the reverse engineering,
disassembly, or decompilation of the Software.
3 Ownership
By virtue of this Agreement the Licensee acquires only the rights in Section 2
Grant of License. All right, title and interest in the Software remains with
RISE. 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 Warranty
Provided that the Licensee has paid the applicable fees, RISE warrants
to the Licensee for a period of three months from the Acceptance Date
that the Software will substantially perform the functions described in the
Documentation provided by RISE. If RISE finds a substantial deviation in the
Software's performance during this period, RISE 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 the software, its merchantability
or fitness for a particular purpose.
5 Maintenance
5.1 Maintenance is included the first year from the Acceptance
Date. From the second year a Maintenance Fee will apply according to
the fees listed in Exhibit B.
5.2 Maintenance of the Software under this Agreement is available for
not longer than 12 months after a new version of the Software becomes
generally available.
5.3 RISE undertakes to make reasonable efforts to provide the Licensee the
following Maintenance in respect to the use of the Software, as stated
in this Section 5.4 through 5.8.
5.4 Any reproducible error(s) for which verification is required shall
be reported in writing to RISE. The Licensee undertakes, before an
Error(s) report is sent to RISE, to ascertain that the Error(s) has
not already been reported by RISE; verify that the Error(s) is
reproducible; and provide to RISE, in machine readable form, all the
information necessary to reproduce the Error(s). RISE undertakes to
confirm receipt of the Error(s) report in writing to the Licensee; 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.
5.5. RISE shall in writing provide answers to questions regarding
installation, configuration and documentation, as well as generally
advise regarding submitted reports on Error(s).
5.6 RISE shall make available to the Licensee all updates of the Software
as soon as these have been made generally available by RISE.
5.7 RISE shall advise the Licensee of new versions of the Software as soon
as they have been made generally available.
5.8 RISE will have no obligation to correct defects or difficulties
due to the Licensee modifying the Software, changing its system or
computer environment, using the Software on equipment not recommended
by RISE or installing it in a way not recommended by RISE, or other
causes external to the Software. Such recommendations are found in the
Release Notes which are part of the Software delivered by RISE.
6 Indemnification
To the best of RISE's knowledge the Software or the use thereof does not
infringe any third party's rights. RISE shall have no responsibility whatsoever
for any claims of infringements of patents, trademarks, industrial
designs, copyrights or other property rights affecting the Licensee's use of the
Software.
The foregoing states the entire liability and obligation of RISE with
respect to infringement or claims of infringement of any patent,
copyright, trade secret, or any other proprietary right.
7 Non-Disclosure
The Licensee undertakes (i) to keep in confidence all such information
concerning the Software received under this Agreement, (ii) to use
such information exclusively for the purpose stated in Section 2, and
(iii) to prevent the disclosure of such information outside the
Licensee's organisation except for information which is distributed as
permitted under this agreement with Application Programs.
8 Limitation of Liability
RISE shall not be liable to the Licensee 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, RISE 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 RISE be liable for incidental, indirect, special or
consequential damages, notwithstanding being aware of the possibility
of such damages.
If the Licensee is furnishing Application Programs to a third party
by contract, the Licensee shall obtain from such third party a
provision affording RISE and its suppliers the protection of this Section.
9 Termination
If the Licensee defaults in the material performance of any provision of
this Agreement, then RISE may give written notice to the Licensee—if the
default is not cured within thirty (30) days—the Agreement will be
terminated. If RISE gives such notice and the default is not cured in
RISE's reasonable opinion during the thirty day period, the Agreement
will terminate immediately upon notice by RISE.
Termination of this Agreement shall not limit either party from
pursuing any other remedies available to it, including injunctive
relief, nor shall such termination relieve the Licensee's obligation
to pay all fees that accrued prior to termination.
If a license granted in this Agreement is terminated, the Licensee
shall a) cease using and copying the Software and Documentation, and
b) certify to RISE within one month after termination that
the Licensee has destroyed or has returned the Software and Documentation
including all copies thereof. This requirement applies to copies in
all forms, partial and complete, and all types of media and computer
memory and whether or not modified or merged into other materials.
Use of Application Programs distributed by the Licensee to its
customers shall not be affected by the termination of this Agreement.
10 Term
The Software shall be under license effective from the Acceptance Date
and shall remain in force until the Licensee discontinues the use of
the Software; or the license is otherwise terminated as provided
herein. New versions of the Software are available under separate
agreement and are not covered or provided by this license.
11 Entire Agreement
This Agreement, including
Exhibit A, Exhibit B,
and Exhibit C,
sets forth the entire agreement and understanding of the parties relating
to the subject matter herein.
12 Governing Law
This Agreement shall be governed by and construed in accordance with
the substantive laws of Sweden.
EXHIBIT A
List of software modules owned by third parties distributed by RISE
with the SICStus Prolog Software.
- CHR
- © Katholieke Universiteit, Leuven.
The full copyright notice is in the file
library('chr.pl').
- clp(Q,R)
- © Austrian Research Institute for Artificial Intelligence.
- clp(R) examples
- © Monash University.
- console.c
- © Jan Wielemaker.
- PiLLoW
- © Technical University of Madrid.
- prolog.el
- © Free Software Foundation.
- MD5 Message-Digest Algorithm
- © RSA Data Security, Inc.
- qsort.ic
- © Regents of the University of California.
The full copyright notice is in the file
library('clpfd/qsort.ic').
- strtod.c
- © AT&T.
The full copyright notice is in the file
library('strtod.h').
- library(xml)
- in the public domain.
- library(plunit)
- © University of Amsterdam.
- library('zinc/globals.mzn'), library('zinc/examples')
- in the public domain.
- zlib compression library
- in the public domain
- OpenLDAP database
- © The OpenLDAP Foundation.
The full copyright notice is in the file
library('lmdb/openldap/LICENSE').
EXHIBIT B
Fees applicable to SICStus Prolog release 4 exclusive Value Added Tax
(VAT). The fees are subject to change by RISE once a year. For
customers in Sweden there will be Swedish VAT added (at present 25%).
One Time Single User License Fee
One Time License Fee For Five (5) Or More Users
- Euros 9900 for up to five (5) Users,
- Subject to special agreement for more than five (5) Users,
Application Program Fee
Yearly Maintenance Fee
- Free of charge for the first year after the Acceptance Date
- One third (1/3) of the applicable One Time License Fee from the second year
The Licensee will be deemed the registered subscriber to RISE Maintenance
services for a period of one (1) year from the Acceptance Date. The
subscription will be prolonged for a period of one (1) year at a time
upon timely receipt of payment of the Maintenance Fee.
Maintenance Reinstatement Fee
- Two thirds (2/3) of the then current One Time License Fee
This Maintenance Reinstatement Fee is applicable where the Licensee wishes to reinstate a lapsed Maintenance Service contract.
Payment Terms
Any amounts payable under this Agreement are net amounts and are
payable in full to RISE without any deduction for any withholding
taxes. The Licensee agrees to pay any withholding taxes due directly to
the relevant taxing authority. The Licensee shall make payment to RISE
within thirty (30) days after date of invoice. The Maintenance Fee
shall be payable yearly within thirty (30) days after expiration of
the current Maintenance Service period.
EXHIBIT C
Contact Points at RISE
Orders, Invoices, Legal
Email: sicstus-request@ri.se
Maintenance Contact
Email: sicstus-support@ri.se
Contact Points at The Licensee
(please use block letters)
Contract Administration/Invoicing
Title/Name: ___________________________________________
Email: ________________________________________________
Fax: ________________________________________________
Phone: ________________________________________________
Address: ______________________________________________
VAT number (where applicable): ________________________
Your Purchase Order Number:____________________________
Maintenance Contact
Title/Name: ___________________________________________
Email: ________________________________________________
Fax: ________________________________________________
Phone: ________________________________________________
Address: ______________________________________________
Platform Details
Hardware model: _______________________________________
Operating system: _____________________________________
SICSTUS PROLOG
PERSONAL SOFTWARE LICENSE AGREEMENT
By ordering the Software (as defined below) this Software License
Agreement (the Agreement) will be a binding Agreement between you—as
the End User—(the End User) and RISE AB, Swedish org no: 556464-6874, PO Box 1263, SE-164 29 Kista, Sweden (RISE).
1 Definitions
1.1 Software means the software products, SICStus Prolog, version 4,
except facilities for Runtime Systems,
delivered as binary code and Documentation delivered by RISE to the End User.
1.2 Documentation means all documentation in machine readable form
of the accompanying manuals (User's Manual and Release Notes)
that is provided with the Software.
2 Grant of License
2.1 Subject to the terms and conditions of this Agreement, RISE hereby grants
the End User, and the End User accepts, a non-exclusive, non-transferable,
paid-up
license to use the Software
for one single user
as follows:
-
To use the Software only for the purpose of research and
education, but not including producing commercial versions of the
Software itself or to use the Software as a basis for or in design of
a commercial software or hardware nor shall it be employed by the End User
for any commercial purposes whatsoever.
-
To use the Software on one single computer provided the Software
is in use only on one computer at any time. The Software is in use on
one computer when it is loaded into the temporary memory (i.e. RAM) or
installed into the permanent memory (e.g. hard disk, CD ROM, or other
storage device) of that computer, except that the Software installed
on a network server for the sole purpose of distribution to other
computers is not in use.
-
To make one (1) copy of the Software for archival or back-up
purposes. The End User shall furnish such copy with proprietary marks and
symbols identical to those affixed to the Software. All archival and
back-up copies of the Software are subject to the provisions of this
Agreement.
-
The End User agrees not to cause or permit the reverse engineering,
disassembly, or decompilation of the Software.
3 Ownership
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
RISE. 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 Warranty
The Software is licensed as is.
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 the software, its merchantability
or fitness for a particular purpose.
5 Maintenance
No Maintenance is included.
6 Indemnification
To the best of RISE's knowledge the Software or the use thereof does not
infringe any third party's rights. RISE shall have no responsibility whatsoever
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 RISE with
respect to infringement or claims of infringement of any patent,
copyright, trade secret, or any other proprietary right.
7 Non-Disclosure
The End User undertakes (i) to keep in confidence all such information
concerning the Software received under this Agreement, (ii) to use
such information exclusively for the purpose stated in Section 2, and
(iii) to prevent the disclosure of such information.
8 Limitation of Liability
RISE 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, RISE 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 RISE be liable for incidental, indirect, special or
consequential damages, notwithstanding being aware of the possibility
of such damages.
11 Entire Agreement
This Agreement, including
Exhibit A, Exhibit B,
and Exhibit C,
sets forth the entire agreement and understanding of the parties relating
to the subject matter herein.
12 Governing Law
This Agreement shall be governed by and construed in accordance with
the substantive laws of Sweden.
EXHIBIT A
List of software modules owned by third parties distributed by RISE
with the SICStus Prolog Software.
- CHR
- © Katholieke Universiteit, Leuven.
The full copyright notice is in the file
library('chr.pl').
- clp(Q,R)
- © Austrian Research Institute for Artificial Intelligence.
- clp(R) examples
- © Monash University.
- console.c
- © Jan Wielemaker.
- PiLLoW
- © Technical University of Madrid.
- prolog.el
- © Free Software Foundation.
- MD5 Message-Digest Algorithm
- © RSA Data Security, Inc.
- qsort.ic
- © Regents of the University of California.
The full copyright notice is in the file
library('clpfd/qsort.ic').
- strtod.c
- © AT&T.
The full copyright notice is in the file
library('strtod.h').
- library(xml)
- in the public domain.
- library(plunit)
- © University of Amsterdam.
- library('zinc/globals.mzn'), library('zinc/examples')
- in the public domain.
- zlib compression library
- in the public domain
- OpenLDAP database
- © The OpenLDAP Foundation.
The full copyright notice is in the file
library('lmdb/openldap/LICENSE').
EXHIBIT B
Fees applicable to SICStus Prolog release 4 exclusive Value Added Tax
(VAT). The fees are subject to change by RISE once a year. For
customers in Sweden there will be Swedish VAT added (at present 25%).
One Time License Fee
EXHIBIT C
Contact Points at RISE
Orders, Invoices, Legal
Email: sicstus-request@ri.se
Contact Points at The End User
(please use block letters)
End User
Title/Name: ___________________________________________
Email: ________________________________________________
Fax: ________________________________________________
Phone: ________________________________________________
Address: ______________________________________________
VAT number (where applicable): ________________________
Your Purchase Order Number:____________________________
Platform Details
Hardware model: _______________________________________
Operating system: _____________________________________
