UNIVERSITY OF WARWICK
SOFTWARE LICENCE AGREEMENT
(a) THE UNIVERSITY OF WARWICK whose address is Senate House, Coventry,
CV4 7AL. United Kingdom, ( the "Licensor"); agrees to grant
(b) <The purchaser of "INTRODUCTION TO THE THEORY AND APPLICATION OF DATA
ENVELOPMENT ANALYSIS: A Foundation Text with Integrated Software"
authored by Emmanuel Thanassoulis and published by Kluwer Academic
Publishers ( the "Licensee"), a non-transferable and non-exclusive
Licence on the following terms and conditions.
WHEREAS:The Licensor is the entire legal and beneficial owner of the limited
version of software accompanying "the book".
IT IS AGREED AS FOLLOWS: 1
INTERPRETATION
The expression "the book" refers to the book in (b) above;
In this Licence (which expression includes the schedules hereto) the
following words and phrases shall, unless the context otherwise requires,
have the following meanings:"Licensed Program(s)"
means the program(s) accompanying the book;
The headings in this License do not affect its interpretation. Save where
the context otherwise requires, references to Clauses and Schedules are
to clauses and schedules of this Licence.
Unless the context requires otherwise:
references to the Licensor and the Licensee include their permitted
successors;
references to statutory provisions include those statutory provisions as
amended or re-enacted; and
references to any gender include all genders.
2
LICENCE
The Licensor hereby grants to the Licensee a non-exclusive Licence to use
the Licensed Programs;
This license is to be retained by the Licensee and is only valid if
accompanied by proof of purchase of the book, proof unique to this
license;
This Agreement is effective from the date of purchase by the Licensee of
the book and the Licensee's acceptance of the terms and conditions the
acceptance proved by breaking the seal of the program enclosure within
the book.
Each program Licence granted under this Agreement authorises the Licensee
to use the Licensed programs in any machine readable form on a single
machine only.
Networking of the program is expressly forbidden;
This Agreement and any of the Licences, programs or materials to which it
applies may not be assigned, sub-Licensed or otherwise transferred by the
Licensee without prior written consent from the Licensor. No right to
print or copy, in whole or in part, the Licensed programs or related user
guide are granted except as expressly provided under this Agreement.
3
RESTRICTIONS
The Licensee shall NOT copy, in whole or in part, any Licensed
documentation which is provided by the Licensor in printed form under
this Agreement, without prior written consent from The Licensor.
The software product may be duplicated or copied for archive purposes,
program error verification, or to replace defective media, and all copies
made must bear the copyright notices contained in the original.
Only one copy for back-up purposes may be made of the Licensed programs
which are provided by the Licensor in machine readable form with the
book.
Where the purchaser is an institution use of the software product may be
made by its employees, students and/or agents but one at a time, on a
single machine only;
Purchase of this license does not transfer any right, title or interest
in the software product to Licensee except as specifically set forth in
this Licence. Licensee is on notice that the software product is
protected under the copyright laws. This software product may have been
developed by an independent third party software publisher named in this
package, which holds copyright or other proprietary rights to the
software product. The Licensee may be held responsible by the Licensor
for any infringement of such rights by the Licensee.
4
TERMINATION
The Licensor reserves the right to terminate this License upon breach by
written notice to the Licensee effective on the date of posting of such
notice by the Licensor. In the event of termination, the Licensee will
either return all copies of the product to the Licensor or, with the
Licensor's prior consent, provide the Licensor with a certificate of
destruction of all copies.
In the event the Licensee modifies the software product or includes it in
any other software program upon termination of this license the Licensee
agrees either to remove the software product or any portion thereof from
the modified program and return it to the Licensor or to provide the
Licensor with a certificate of destruction therefor.
5
WARRANTIES
The Licensor makes no warranties with respect to the Licensed Program(s)
other than to guarantee the original diskette against faulty materials or
workmanship for 90 days from the date the book was purchased.
6
LIABILITY
The Licensee agrees that the Licensor accepts no responsibility for the
operation of the software nor for the accuracy of the results obtained
from its use.
The Licensee agrees to indemnify the Licensor and hold the Licensor
harmless from and against any and all claims, damages and liabilities
asserted by third parties and arising from the Licensee's sale of the
Licensed Products.
The Licensor makes no representation or warranty that advice given to the
Licensee pursuant to this Licence by any employee, student, agent or
appointee of the Licensor, or the use of any information which they or
the Licensor provide in connection with this Licence, will not result in
infringement of third-party rights.
The Licensee undertakes to make no claim against any employee, student,
agent or appointee of the Licensor, being a claim which seeks to enforce
against any of them any liability whatsoever in connection with this
Licence or its subject-matter.
The liability of either party for any breach of this Licence, or arising
in any other way out of the subject-matter of this Agreement, will not
extend to any incidental or consequential damages or losses including
(without limitation) loss of profits.
If any sub-clause of this clause 6 is held to be invalid or unenforceable
under any applicable statute or rule of law, then it shall be deemed to
be omitted, and if as a result any party becomes liable for loss or
damage which would otherwise have been excluded, then such liability
shall be subject to the remaining sub-clauses of this clause 6.
7
GENERAL
Nothing in this Agreement shall create, imply or evidence any partnership
or joint venture between the Licensor and the Licensee or the
relationship between them of principal and agent.
This Agreement constitutes the entire Licence between the parties with
regard to the Licence. Specifically, but without limitation, this
Agreement does not impose or imply any obligation on the Licensor to
conduct development work: any arrangements for such work shall be the
subject of a separate Licence between the parties.
This Agreement shall be governed by English Law and the English Courts
shall have exclusive jurisdiction to deal with any dispute which may
arise out of or in connection with this Agreement.
If any one or more clauses or sub-clauses of this Agreement would result
in this Agreement being prohibited pursuant to Article 85(1) of the
Treaty of Rome, then it or they shall be deemed to be omitted. The
parties shall uphold the remainder of this Agreement, and shall negotiate
an amendment which, as far as legally feasible, maintains the economic
balance between the parties.
If any provision of this Agreement is held to be invalid, illegal or
unenforceable under any applicable statute or rule of law, the
continuation in full force and effect of the remainder of this Agreement
shall not be prejudiced.