Acting as an authorized representative of the licensing organization listed below, I accept and agree to the conditions listed in the licensing agreement that follows.
Department or Organization:
For purposes of this Agreement, "Software" shall be defined as the "Trees" program (version 3.1 for Windows, including the Trees Player, and Trees-WINE plus Trees Player-WINE bundles for the Macintosh) for the display and manipulation of syntax trees, developed and written by Sean Crist and Anthony Kroch. "Licensor" shall be defined as the owners of the copyright for the Trees program; that is, as of the date of this agreement, Anthony Kroch and Sean Crist. "Licensee" shall be defined as the Department or Organization listed above. "Maintenance Release" shall be defined as a version of the Software created for purposes of eliminating defects in the Software's functioning under its design at the time of the "Maintenance Release." "Upgrade" shall be defined as a version of the Software with substantive additional functionality over the version current at the time of the release of the Upgrade.
SCOPE OF LICENSE GRANT. Subject to payment of applicable license fees, Licensor grants to Licensee a non-exclusive site license to use the Software and its documentation for teaching and research purposes. The Licensee may not use the Software or related documentation for any commercial purpose. The Licensee may install and use the Software on any computers belonging to it or to one of its instructors or to a student taking courses or a degree from it. The Licensee shall be entitled to install multiple copies of the full version of Trees 3 for the use of instructors and of the Trees Player for the use of students. Students shall be entitled to use the Software only so long as they are taking courses or a degree from the Licensee. Documentation for the Software may be distributed under the same conditions as the Software itself. No use of the Software or documentation without payment of additional license fees to Licensor is authorized hereunder except as specified in this Agreement. Specifically, redistribution or rental of the Software or documentation to persons not affiliated with the Licensee is prohibited.
The Licensee may not modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software or related documentation, nor may the licensee remove any copyright notices or indications of authorship of the Software or documentation. This limitation does not apply to the creation of instructions on how to use the Software directed to users whose rights to use the Software are created by this Agreement.
DISCLAIMER OF WARRANTY. The Licensee expressly acknowledges and agrees that use of the Software is at its sole risk. The Software and related documentation are provided "AS IS" and without warranty of any kind and the Licensor EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES (i) OF COMMERCIAL UTILITY, (ii) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR (iii) THAT THE USE OF SOFTWARE WILL NOT INFRINGE ANY PATENT OR COPYRIGHT OF OTHERS. THE LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN SOFTWARE WILL BE CORRECTED. FURTHERMORE, THE LICENSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR THE LICENSOR'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD SOFTWARE PROVE DEFECTIVE, THE LICENSEE (AND NOT THE LICENSOR OR THE LICENSOR'S AUTHORIZED REPRESENTATIVE) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE LICENSEE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
RIGHT OF CANCELATION. In lieu of any warranty, express or implied, the Licensee may evaluate the Software for a period of 60 days from the date on which this Agreement enters into force. At any time within that period, the Licensee at its sole discretion may cancel this Agreement and receive a full refund of any licensing fees in exchange for deleting the Software from any and all of the Licensee's machines on which it has been installed. After the period of 60 days, the transaction between Licensor and Licensee will be deemed final and the right of cancelation will end.
THE ABOVE RIGHT OF CANCELATION IS IN LIEU OF ANY OTHER WARRANTY. THE LICENSEE MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE 60 DAY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS CONDITION.
SERVICE AND SUPPORT. The Licensor is not obligated to provide service or support for the Software. The rights of the Licensee that may arise out of any defects or limitations in the functioning of the Software or documentation are limited to the right to cancel the agreement within the 60 day time period as outlined above. Notwithstanding this limitation, the Licensor agrees to provide without charge to the Licensee any Maintenance Releases to the current version of the software that the Licensor may create. The Licensor is, however, not obligated to create any Maintenance Releases to remove defects that may be discovered in the course of the use of the Software.
UPGRADE POLICY. The Licensee shall have the right to purchase the next Upgrade to the Software, if such an Upgrade is created by the Licensor, at a price no greater than 50% of the price charged to new site-licensees of the Software at the time of release of the Upgrade. The Licensor is not obligated to create any such Upgrade.
TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in the copyright holders. The Software is protected by copyright and other intellectual property laws and by international treaties. The Licensee acknowledges the existence of a valid copyright in the Software and related documentation and that both the Software and copyright are the sole and exclusive property of the Licensor. The Licensee agrees not to make or allow to be made copies of the Software and related documentation except as explicitly provided for in this Agreement.
TERMINATION. This Agreement is effective until terminated. The Licensee may terminate this Agreement at any time by destroying the Software, related documentation, and all copies and modifications thereof. This Agreement and the license granted hereunder will terminate immediately without notice from the Licensor if the Licensee fails to comply with the limitations described herein. Upon termination, the Licensee must destroy all copies of the Software and related documentation.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF THE LICENSOR OR THE LICENSOR'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THIS LICENSE. In no event shall the licensor's total liability to you for all damages, losses, and causes of action (whether in contract, tort including negligence or otherwise) exceed the amount paid by the Licensee for the Software.
CONTROLLING LAW AND SEVERABILITY. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.