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
SICS Swedish ICT AB, PO Box 1263, SE-164 29
Kista, Sweden (SICS).
1.1 Software means the software products, SICStus Prolog, version 4,
delivered as binary code and Documentation delivered by SICS 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
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.
2.1 Subject to the terms and conditions of this Agreement, SICS hereby grants
the Licensee, and the Licensee accepts, a non-exclusive, non-transferable,
license to use the Software
up to the Number of Users paid for
- 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
- To make available any number of copies of the programs developed on
the Software to third parties pursuant to the provisions of this
- The Licensee agrees not to cause or permit the reverse engineering,
disassembly, or decompilation of the Software.
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
SICS. However, the Software consists of modules for which there are and shall
remain other exclusive owners. Such other owners are specified in
Provided that the Licensee has paid the applicable fees, SICS 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 SICS. If SICS finds a substantial deviation in the
Software's performance during this period, SICS 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.
5.1 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
5.3 SICS 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 SICS. The Licensee undertakes, before an
Error(s) report is sent to SICS, to ascertain that the Error(s) has
not already been reported by SICS; verify that the Error(s) is
reproducible; and provide to SICS, in machine readable form, all the
information necessary to reproduce the Error(s). SICS 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. SICS 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 SICS shall make available to the Licensee all updates of the Software
as soon as these have been made generally available by SICS.
5.7 SICS shall advise the Licensee of new versions of the Software as soon
as they have been made generally available.
5.8 SICS 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 SICS or installing it in a way not recommended by SICS, or other
causes external to the Software. Such recommendations are found in the
Release Notes which are part of the Software delivered by SICS.
To the best of SICS's knowledge the Software or the use thereof does not
infringe any third party's rights. SICS 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
The foregoing states the entire liability and obligation of SICS with
respect to infringement or claims of infringement of any patent,
copyright, trade secret, or any other proprietary right.
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
SICS 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, SICS 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
Regardless of whether any remedy fails of its essential purpose, in no
event will SICS 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 SICS and its suppliers the protection of this Section.
If the Licensee defaults in the material performance of any provision of
this Agreement, then SICS may give written notice to the Licensee—if the
default is not cured within thirty (30) days—the Agreement will be
terminated. If SICS gives such notice and the default is not cured in
SICS's reasonable opinion during the thirty day period, the Agreement
will terminate immediately upon notice by SICS.
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 SICS 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.
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.
List of software modules owned by third parties distributed by SICS
with the SICStus Prolog Software.
- © Katholieke Universiteit, Leuven.
The full copyright notice is in the file library('chr.pl').
- © Austrian Research Institute for Artificial Intelligence.
- clp(R) examples
- © Monash University.
- © Jan Wielemaker.
- © Technical University of Madrid.
- © Free Software Foundation.
- MD5 Message-Digest Algorithm
- © RSA Data Security, Inc.
- © Regents of the University of California.
The full copyright notice is in the file library('clpfd/qsort.ic').
- © AT&T.
The full copyright notice is in the file library('strtod.h').
- in the public domain.
- © University of Amsterdam.
- library('zinc/globals.mzn'), library('zinc/examples')
- in the public domain.
- zlib compression library
- in the public domain
Fees applicable to SICStus Prolog release 4 exclusive Value Added Tax
(VAT). The fees are subject to change by SICS 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 8,190 for up to five (5) Users,
- Euros 15,380 for up to ten (10) Users,
- Euros 22,060 for up to fifteen (15) Users,
- Euros 28,424 for up to twenty (20) Users,
- Subject to special agreement for more than twenty (20) Users,
Application Program Fee
Yearly Maintenance Fee
The Licensee will be deemed the registered subscriber to SICS 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.
- 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
- Euros 200 for each additional computing platform above three (3), (applies to 5+ Users licenses)
Maintenance Reinstatement Fee
This Maintenance Reinstatement Fee is applicable where the Licensee wishes to reinstate a lapsed Maintenance Service contract.
- Two thirds (2/3) of the then current One Time License Fee
Any amounts payable under this Agreement are net amounts and are
payable in full to SICS 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 SICS
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.
Contact Points at SICS
Fax: +46 8 751 7230
Phone: +46 8 633 1500
Fax: +46 8 751 7230
Phone: +46 8 633 1500
Fax: +46 8 751 7230
Phone: +46 8 633 1500
Contact Points at The Licensee
(please use block letters)
VAT number (where applicable): ________________________
Your Purchase Order Number:____________________________
Hardware model: _______________________________________
Operating system: _____________________________________