Part B –
You do not have a current licence agreement for Reality software
1. Legal and beneficial title to all intellectual property rights
subsisting in the Reality Software, Documentation or any part thereof,
including without limitation any copyright, patents, designs, trade and
service marks, belongs to and shall remain vested in NEC Software Solutions (NEC) or, where
appropriate, a third party supplier.
2. NEC hereby grants the Customer a personal non-exclusive
non-transferable licence, for up to three users, to use the Reality
Software at the Equipment Location for its own internal purposes for
the purposes of Application Development and Testing; and Customer
demonstrations to both Customer and third parties and to copy the
same solely for backup purposes, provided always that the Customer
adheres to the following material conditions:
2.1. the Customer does not delete, amend or otherwise alter any copyright
or other ownership notices or legends displayed, contained in or
attached to the Reality Software and the Third Party Software; and
2.2. the Customer does not reverse compile or reverse engineer the Reality
Software and the Third Party Software, save as permitted by the
Copyright (Computer Programs) Regulations 1992, as amended from time
to time; and
2.3. save as provided above the Customer does not sell, trade, market,
distribute, rent, lease, sub-licence or otherwise trade or dispose of,
disclose, publish technical details of, copy, modify, enhance, convert
or translate the Reality Software and Third Party Software.
3. The licence granted under Clause 2 above shall remain in force until
terminated. Any breach of the terms of this Agreement shall entitle
NEC to terminate the licence granted hereunder immediately
without notice. Upon termination of the licence granted hereunder for
any reason, the Customer shall immediately return to NEC or
destroy, at NEC sole discretion, all copies of the Reality
Software and Third Party Software and Documentation in its possession
or control.
4. Third Party Software is licensed to Customer upon the terms and
conditions of the End User Licence. The terms and conditions of the
Third Party Software are contained in Appendices 1 to 4 inclusive. By
opening and/or using the Third Party Software the Customer will be
deemed to have entered into a licence with the Supplier.
5. NEC offers no warranty that the Reality Software and Third Party
Software shall comply with any technical specification contained in
the Documentation in any respect and does not warrant that the Reality
Software and Third Party Software are free from error or operates
without interruption and is provided “as is”. The Customer may report
bugs in the Reality Software to NEC on the understanding that
NEC offers no guarantee of providing a fix, workaround or patch
and makes no representation as to the timeliness of the provision of
such a fix, workaround or patch.
6. Third Party Software shall be warranted by the Supplier as specified
in the End User Licence. NEC does not warrant Third Party
Software, which NEC supplies “as is”.
7. Except as expressly set forth in this Agreement all warranties, terms
and conditions whether oral or written, express or implied by law,
custom or otherwise including but not limited to any warranties, terms
and conditions of fitness for purpose, description and quality are
hereby excluded.
8. NEC shall defend the Customer against any action, suit or
proceedings and indemnify the Customer against any award of damages or
costs or any settlement negotiated by NEC arising from or
incurred by reason of any infringement or alleged infringement of any
copyright or any other intellectual property right subsisting in the
United Kingdom where such infringement or alleged infringement arises
from the Customer’s use or possession of the Reality Software in
accordance with this Agreement provided that:
8.1. the Customer notifies NEC in writing immediately the Customer
becomes aware of an infringement or alleged infringement and, subject
to NEC prior written agreement to pay any reasonable and
direct expenses incurred by the Customer, gives such information and
assistance as may be reasonably requested by NEC in connection
with said infringement or alleged infringement; and
8.2. the Customer makes no statement or admission without NEC
prior written consent and permits NEC the sole conduct of any
defence or negotiation; and
8.3. the Customer permits NEC, at NEC sole discretion, to
modify or replace the infringing part of the Reality Software such
that it becomes non-infringing without thereby materially detracting
from the performance of the System or procure for the Customer the
right to continue to use the Reality Software or infringing part
thereof; and
8.4. in the event that none of the remedies set out in Sub clause 8.3 is
deemed by NEC to be reasonably practicable, NEC shall have
the right to terminate this Agreement forthwith upon written notice
and repay any Licence Fee paid, less an amount for the Customer’s use
of the Reality Software up to the effective date of termination
calculated at NEC standard rental charges.
9. The indemnity set out in Clause 8 above shall not apply where the
infringement or alleged infringement arises from or is incurred by
reason of:
9.1. the combination, or use, of the Reality Software with any hardware or
software not supplied by NEC; or
9.2. the Customer’s use or possession of the Reality Software which is not
in accordance with the provisions of this Agreement, including but not
limited to any amendment or modification to the Reality Software by
the Customer or any third party; or
9.3. any specification, design or instruction given by the Customer to
NEC; or
9.4. the use of the Third Party Software, which shall be indemnified by the
Third Party Supplier upon the terms of the End User Licence.
10. The foregoing states the entire liability of NEC with regard to
infringement of any intellectual property right arising from the use
or possession of the Reality Software by the Customer.
11. a) NEC shall not be liable under or in relation to this
Agreement or its subject matter (whether such liability arises due to
negligence, breach of contract, misrepresentation, or for any other
reason excluding fraudulent misrepresentation) for any loss of
profits, loss of business, loss of anticipated savings, loss of sales
or turnover, loss of, or damage to reputation, loss of contract, loss
of customers, loss of, or loss of use of any software or data, loss of
use of any computer or other equipment or plant, wasted management or
other staff time, losses or liabilities under or in relation to any
other contract or any indirect, consequential loss or damage
(including loss or damage suffered by the Customer as a result of an
action brought by a third party) even if such loss was reasonably
foreseeable or NEC had been advised of the possibility of the
Customer incurring the same. For the purpose of this clause, the term
“loss” includes a partial loss or reduction in value as well as a
complete or total loss.
b) NEC BRINGS TO THE CUSTOMER’S ATTENTION THAT “TOMCAT” OPENS PORT 8080
TO BOTH INCOMING AND OUTGOING ELECTRONIC DATA TRANSMISSIONS,
INCREASING THE RISK OF THE INTRODUCTION OF VIRUS AND OTHER HARMFUL
CODE ONTO THE CUSTOMER’S EQUIPMENT AND NETWORK. NPS ACCEPTS NO
LIABILITY FOR THE INTRODUCTION OF ANY AND ALL VIRUS AND/OR HARMFUL
CODE PROVEN TO HAVE OCCURRED DUE TO “TOMCAT’s” USE OF PORT 8080.
13. The parties expressly agree that should any limitation of liability
clause or provision contained in this Agreement be held to be invalid
under any applicable legislation (primary or otherwise) or rule of law
by reason of some part of that Clause or provision it shall, to that
extent, be deemed omitted, but if NEC thereby becomes liable for
loss or damage which would otherwise have been excluded or limited, as
the case may be, such liability should be subject to the other
applicable limitations and provisions set out herein.
14. This Agreement constitutes the entire understanding of the parties and
supersedes all other agreements, representations, proposals,
arrangements, undertakings and communications whether oral or written,
express or implied between the parties regarding the subject matter
hereof to the extent permitted by law.
15. The Customer shall comply with all relevant export control laws and
regulations including those of the United States of America, Canada,
and the United Kingdom (including but not limited to the Export of
Goods (Control) Order 1989) and shall not export the Reality Software
or any part thereof or any technical data without obtaining all
applicable licences and authorisations. The Customer shall be solely
responsible at its cost and expense for obtaining such licences and
authorisations.
16. The Customer recognises that the Reality Software is not be used in
any inherently dangerous application.
17. The validity, performance and construction of this Agreement shall be
governed by English Law and the parties agree to submit to the exclusive
jurisdiction of the English Courts.
Appendix 1 – Licence relating to “Tomcat”, “Gzip”, “GNU C-compiler”, “Gbd”,
“Malloc”.
With respect to Malloc, NEC makes its modifications to Malloc available,
for a charge, at www.necsws.com.
GNU GENERAL PUBLIC LICENSE
Preamble
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
How to Apply These Terms to Your New Programs
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place – Suite 330, Boston, MA 02111-1307, USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to share
and change it. By contrast, the GNU General Public License is intended to
guarantee your freedom to share and change free softwareto make sure the
software is free for all its users. This General Public License applies to most
of the Free Software Foundation’s software and to any other program whose
authors commit to using it. (Some other Free Software Foundation software is
covered by the GNU Library General Public License instead.) You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not price. Our
General Public Licenses are designed to make sure that you have the freedom to
distribute copies of free software (and charge for this service if you wish),
that you receive source code or can get it if you want it, that you can change
the software or use pieces of it in new free programs; and that you know you
can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny
you these rights or to ask you to surrender the rights. These restrictions
translate to certain responsibilities for you if you distribute copies of the
software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for
a fee, you must give the recipients all the rights that you have. You must make
sure that they, too, receive or can get the source code. And you must show them
these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2)
offer you this license which gives you legal permission to copy, distribute
and/or modify the software.
Also, for each author’s protection and ours, we want to make certain that
everyone understands that there is no warranty for this free software. If the
software is modified by someone else and passed on, we want its recipients to
know that what they have is not the original, so that any problems introduced
by others will not reflect on the original authors’ reputations.
Finally, any free program is threatened constantly by software patents. We wish
to avoid the danger that redistributors of a free program will individually
obtain patent licenses, in effect making the program proprietary. To prevent
this, we have made it clear that any patent must be licensed for everyone’s
free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification
follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice
placed by the copyright holder saying it may be distributed under the terms of
this General Public License. The “Program”, below, refers to any such program
or work, and a “work based on the Program” means either the Program or any
derivative work under copyright law: that is to say, a work containing the
Program or a portion of it, either verbatim or with modifications and/or
translated into another language. (Hereinafter, translation is included without
limitation in the term “modification”.) Each licensee is addressed as “you”.
Activities other than copying, distribution and modification are not covered by
this License; they are outside its scope. The act of running the Program is not
restricted, and the output from the Program is covered only if its contents
constitute a work based on the Program (independent of having been made by
running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program’s source code as
you receive it, in any medium, provided that you conspicuously and appropriately
publish on each copy an appropriate copyright notice and disclaimer of warranty;
keep intact all the notices that refer to this License and to the absence of
any warranty; and give any other recipients of the Program a copy of this
License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at
your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus
forming a work based on the Program, and copy and distribute such modifications
or work under the terms of Section 1 above, provided that you also meet all of
these conditions:
a) You must cause the modified files to carry prominent notices stating that
you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in
part contains or is derived from the Program or any part thereof, to be
licensed as a whole at no charge to all third parties under the terms of this
License.
c) If the modified program normally reads commands interactively when run,
you must cause it, when started running for such interactive use in the most
ordinary way, to print or display an announcement including an appropriate
copyright notice and a notice that there is no warranty (or else, saying that
you provide a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this License.
(Exception: if the Program itself is interactive but does not normally print
such an announcement, your work based on the Program is not required to print
an announcement.)
These requirements apply to the modified work as a whole. If identifiable
sections of that work are not derived from the Program, and can be reasonably
considered independent and separate works in themselves, then this License, and
its terms, do not apply to those sections when you distribute them as separate
works. But when you distribute the same sections as part of a whole which is a
work based on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the entire whole,
and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your
rights to work written entirely by you; rather, the intent is to exercise the
right to control the distribution of derivative or collective works based on the
Program.
In addition, mere aggregation of another work not based on the Program with the
Program (or with a work based on the Program) on a volume of a storage or
distribution medium does not bring the other work under the scope of this
License.
3. You may copy and distribute the Program (or a work based on it, under Section
2) in object code or executable form under the terms of Sections 1 and 2 above
provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code,
which must be distributed under the terms of Sections 1 and 2 above on a
medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give
any third party, for a charge no more than your cost of physically performing
source distribution, a complete machine-readable copy of the corresponding
source code, to be distributed under the terms of Sections 1 and 2 above on a
medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to
distribute corresponding source code. (This alternative is allowed only for
noncommercial distribution and only if you received the program in object code
or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making
modifications to it. For an executable work, complete source code means all the
source code for all modules it contains, plus any associated interface
definition files, plus the scripts used to control compilation and installation
of the executable. However, as a special exception, the source code distributed
need not include anything that is normally distributed (in either source or
binary form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component itself
accompanies the executable.
If distribution of executable or object code is made by offering access to copy
from a designated place, then offering equivalent access to copy the source code
from the same place counts as distribution of the source code, even though third
parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as
expressly provided under this License. Any attempt otherwise to copy, modify,
sublicense or distribute the Program is void, and will automatically terminate
your rights under this License. However, parties who have received copies, or
rights, from you under this License will not have their licenses terminated so
long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it.
However, nothing else grants you permission to modify or distribute the Program
or its derivative works. These actions are prohibited by law if you do not
accept this License. Therefore, by modifying or distributing the Program (or any
work based on the Program), you indicate your acceptance of this License to do
so, and all its terms and conditions for copying, distributing or modifying the
Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program),
the recipient automatically receives a license from the original licensor to
copy, distribute or modify the Program subject to these terms and conditions.
You may not impose any further restrictions on the recipients’ exercise of the
rights granted herein. You are not responsible for enforcing compliance by third
parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement
or for any other reason (not limited to patent issues), conditions are imposed
on you (whether by court order, agreement or otherwise) that contradict the
conditions of this License, they do not excuse you from the conditions of this
License. If you cannot distribute so as to satisfy simultaneously your
obligations under this License and any other pertinent obligations, then as a
consequence you may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by all those
who receive copies directly or indirectly through you, then the only way you
could satisfy both it and this License would be to refrain entirely from
distribution of the Program.
If any portion of this section is held invalid or unenforceable under any
particular circumstance, the balance of the section is intended to apply and the
section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or
other property right claims or to contest validity of any such claims; this
section has the sole purpose of protecting the integrity of the free software
distribution system, which is implemented by public license practices. Many
people have made generous contributions to the wide range of software
distributed through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing to
distribute software through any other system and a licensee cannot impose that
choice.
This section is intended to make thoroughly clear what is believed to be a
consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain
countries either by patents or by copyrighted interfaces, the original copyright
holder who places the Program under this License may add an explicit
geographical distribution limitation excluding those countries, so that
distribution is permitted only in or among countries not thus excluded. In such
case, this License incorporates the limitation as if written in the body of this
License.
9. The Free Software Foundation may publish revised and/or new versions of the
General Public License from time to time. Such new versions will be similar in
spirit to the present version, but may differ in detail to address new problems
or concerns.
Each version is given a distinguishing version number. If the Program specifies
a version number of this License which applies to it and “any later version”,
you have the option of following the terms and conditions either of that version
or of any later version published by the Free Software Foundation. If the
Program does not specify a version number of this License, you may choose any
version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs
whose distribution conditions are different, write to the author to ask for
permission. For software which is copyrighted by the Free Software Foundation,
write to the Free Software Foundation; we sometimes make exceptions for this.
Our decision will be guided by the two goals of preserving the free status of
all derivatives of our free software and of promoting the sharing and reuse of
software generally.
Refer to Part B, Continued [Tab]
