D-Sight 3.X
Evaluation License Agreement
1. Definitions.
1.1. "Binary Code" means the machine-readable, compiled code for the Software that is ready to run on a computer.
1.2. "Commercial Use" means sale, lease, license, distribution or otherwise making the Software available to a third party.
1.3. "Derivative Work" means any derivative work, as defined by Belgian copyright law, of the Software, including any modification, enhancement, upgrade, or improvement to the Software.
1.4. "License" means this document.
1.5. "Software" means the D-Sight software in Binary Code form.
1.6. "Source Code" means a set of files that contain the human-readable, program commands for the Software that are compiled to form the Binary Code.
1.7. "Research Use" means use of the Software for Your non-profit research, development, educational or personal and individual use, and expressly excludes Commercial Use.
1.8. "You" (or "Your") means an individual or legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with You. For purposes of this License, "control" means ownership, directly or indirectly, of more than fifty percent (50%) of the equity capital of the legal entity.
2. License Grant and Restrictions.
2.1. Subject to Your compliance with the terms and conditions of this License, D-Sight sprl ("D-SIGHT"), hereby grants You a non-exclusive, non-transferable, restricted license to:
2.1. Use the Software for non-commercial usage; and
2.2. You shall not decompile, disassemble, decrypt, extract or otherwise reverse-engineer the Software or otherwise attempt to derive the Source Code of the Software.
2.3. You shall not make Commercial Use of the Software or Derivative Works of the Software without having executed an appropriate license with D-SIGHT. Should You wish to make Commercial Use of the Software, You shall contact D-SIGHT at info@d-sight.com determine whether a license for Commercial Use of the Software or Derivative Works of the Software may be available.
2.4. The Software is owned by the Université Libre de Bruxelles (“ULB”), and ULB retains all right, title, and interest in and to the Software.
2.5. Nothing in this License shall be construed as conferring any license under any of ULB’s or any third party's intellectual property rights, whether by implication, or otherwise.
2.6. Any Derivative Works of the Software is prohibited.
2.7. For any reports or published results obtained using the Software, You shall acknowledge use of the Software in the report or the publication by explicitly cite D-SIGHT. You must supply one copy of each such report or publication to D-SIGHT at info@d-sight.com.
3. Confidential Information.
3.1. You acknowledge that the Software is proprietary to ULB. You agree to protect the Software from unauthorized disclosure, use, or release and to treat the Software with at least the same level of care as You use to protect Your own proprietary computer programs and/or confidential information, but in no event less than a reasonable standard of care.
3.2. If You become aware of any unauthorized licensing, copying or use of the Software, You shall promptly notify D-SIGHT in writing at info@d-sight.com.
3.3. You agree to use the Software only in the manner and for the specific uses authorized in this License.
4. Feedback/Contributions.
4.1. D-SIGHT encourages licensees of the Software to provide information regarding their experience with integrating the Software into their work. Please submit such feedback to info@d-sight.com.
5. No Warranties – Limitation of Liability.
5.1. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS," AND ULB AND D-SIGHT DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
5.2. THIS LIMITATION OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
5.3. ANY MATERIAL DOWNLOADED IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
5.4. You assume the entire risk as to the quality, results, performance, and/or non-performance of the Software and Derivative Works of the Software. You shall have the sole responsibility to adequately protect and backup Your data or equipment used in connection with the Software and Derivative Works of the Software. Should the Software or Derivative Works of the Software prove defective in any manner, You assume the entire cost of any necessary, servicing, repair or correction.
5.5. In no event shall ULB or D-SIGHT (including its trustees, fellows, officers, employees, students, and agents) be responsible or liable for any direct, indirect, special, incidental, punitive, consequential or other damages whatsoever (including lost profits, business, revenue, use, data, or other economic advantage) in connection with, or arising out of, or related to this License, regardless of the theory of liability, whether for breach or in tort (including negligence), even if ULB or D-SIGHT may have been previously advised of the possibility of such damage.
5.6. Liability for damages shall be limited and excluded as set forth in this Section 7, even if any remedy provided for in this License fails of its essential purpose.
6. Indemnification.
You shall indemnify ULB and D-SIGHT (including its trustees, fellows, officers, employees, students, and agents) against any and all claims, losses, damages, and/or liability of whatsoever nature, as well as costs and expenses (including legal expenses and reasonable attorneys' fees) arising out of or related to Your use, or inability to use, the Software or Derivative Works of the Software, regardless of theory of liability, whether for breach or in tort (including negligence).
7. Termination.
7.1. This License is effective for a period of 14 days after the day on which You installed the software, as provided herein, or until all intellectual property rights in the Software expire.
7.2. You may terminate this License at any time by destroying all copies of the Software and Derivative Works of the Software.
7.3. This License, and the rights granted hereunder, will terminate automatically, and without any further notice from or action by ULB or D-SIGHT, if You fail to comply with any obligation of this License.
7.4. Upon termination, You must immediately cease use of and destroy all copies of the Software and Derivative Works of the Software and verify such destruction in writing.
7.5. The provisions set forth in Sections 3, 5, 6, , 8 and 9shall survive termination or expiration of this License.
8. Miscellaneous.
8.1. Governing Law. This License shall be governed by the laws of Belgium, without regard to any conflict of law provisions. Any dispute in connection with the validity, the interpretation or the execution of this Agreement, which cannot be resolved by mutual agreement, shall be submitted to submitted to the arbitration of CEPANI (Centre Belge d'Arbitrage et de Mediation - Belgian Center for Arbitration and Mediation). The place of arbitration shall be Brussels, Belgium and the language of arbitration shall be English.
8.2. Severability. If any provision of this License is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
8.3. Assignment. You may not assign or otherwise transfer any of Your rights or obligations under this License, without the prior written consent of ULB and D-SIGHT.
8.4. Entire Agreement. This License represents the parties' entire agreement relating to the Software. Except as otherwise provided herein, no modification of this Agreement is binding unless in writing and signed by an authorized representative of each party.
8.5. Waiver. The failure of either party to enforce any provision of this License shall not constitute a waiver of that right or future enforcement of that or any other provision.
Portions of this software are based in part on LGPL libraries.
D-Sight software includes three Libraries (iText-2.1.7, JExcelApi and JFreeChart) submitted to the GNU Lesser General Public License and defined as a combined work by the GNU LGPL (version 3). Those Libraries and their use are therefore submitted to the terms and conditions of such licence. GNU GPL license and LGPL license are linked from the present license.
Portions of this software are based in part on BSD libraries.
D-Sight software includes one library(x-stream) submitted to BSD License.This Libraries and its use is therefore submitted to the terms and conditions of such licence. BSD license is linked from the present license.
Portions of this software includes one library (commons-math) submitted to Apache License.
This Libraries and its use is therefore submitted to the terms and conditions of such licence. Apache license is linked from the present license.
Apache License : http://www.apache.org/licenses/LICENSE-2.0
GNU GENERAL PUBLIC LICENSE : http://www.gnu.org/licenses/gpl.html
GNU LESSER GENERAL PUBLIC LICENSE : http://www.gnu.org/licenses/lgpl.html
BSD License
Copyright (c) 2003-2006, Joe Walnes
Copyright (c) 2006-2007, XStream Committers
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of
conditions and the following disclaimer. Redistributions in binary form must reproduce
the above copyright notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the distribution.
Neither the name of XStream nor the names of its contributors may be used to endorse
or promote products derived from this software without specific prior written
permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.