From 344417d807d099cc02a31b779ad77d802875d8dc Mon Sep 17 00:00:00 2001 From: Christophe Geuzaine <cgeuzaine@ulg.ac.be> Date: Thu, 30 Oct 2003 00:57:11 +0000 Subject: [PATCH] draft of comemrcial license --- utils/commercial/COPYING | 120 ++++++++++++++++++++++++++++++++++++++- 1 file changed, 119 insertions(+), 1 deletion(-) diff --git a/utils/commercial/COPYING b/utils/commercial/COPYING index 5a0729f21d..c8dd16fcfe 100644 --- a/utils/commercial/COPYING +++ b/utils/commercial/COPYING @@ -1 +1,119 @@ -Commercial License, full text \ No newline at end of file + SOFTWARE AGREEMENT + + between + + BUYER + + and + + Christophe GEUZAINE & Jean-Francois REMACLE + Copyright holders of the Gmsh software + + +This Software Agreement (hereinafter referred to as "AGREEMENT") made +as of the ____ day of ________, 20__, is entered into between +Christophe Geuzaine and Jean-Francois Remacle (hereinafter referred to +as "GMSH AUTHOR") and BUYER (hereinafter referred to as "BUYER"). + +This AGREEMENT governs the use by BUYER of the Gmsh Mesh Generation +Tool Kit and all its elements (hereinafter referred to as "SOFTWARE"), +which includes source code and documentation. + +This AGREEMENT constitutes the complete and exclusive statement of the +AGREEMENT between the parties and supersedes all proposals, oral or +written, and all other communications relating to the subject matter +of this AGREEMENT. No modification thereof shall be binding upon GMSH +AUTHOR unless acknowledged in writing by GMSH AUTHOR authorized +representative. + +1. GRANT AND SCOPE OF LICENSE +----------------------------- + +For the purpose of this Article, the term "BUYERS" shall include all +buyer's subsidiaries and affiliates which are 50% or more owned or +controlled by BUYER. + +GMSH AUTHOR hereby grants to BUYER a paid-up, non-exclusive, right to +use, modify or sell the SOFTWARE subject to the following terms, +conditions, and restrictions: + +1.1 Access to the source code of the SOFTWARE in any manner by any +person not employed by the BUYER is prohibited. + +1.2 The BUYER has the right of possession of the source code in +accordance with this AGREEMENT. The BUYER has the right to modify the +software to perform any functions which the BUYER deems desirable. +The source code as so modified, shall nonetheless, remain subject to +the same restrictions on use, reproduction, transmission, disclosure, +translation and access as are contained in the AGREEMENT with respect +to SOFTWARE for a period of 5 years. + +2. ERRORS AND WARRANTY +---------------------- + +2.1 GMSH AUTHOR shall not be responsible or liable for any damages +suffered by BUYER or others resulting from use of the SOFTWARE +including, but not limited to, special, indirect or consequential +damages arising out of or in connection with any errors in the +SOFTWARE. BUYER hereby agrees to indemnify and hold harmless GMSH +AUTHOR with respect to any and all injury, claim, loss, damage, either +special, indirect, consequential or otherwise, which shall arise from +the use of the SOFTWARE. + +2.2 GMSH AUTHOR MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, +INCLUDING BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY OR FITNESS +FOR INTENDED USE, REGARDING THE SOFTWARE. + +3. CONSIDERATION +---------------- + +In consideration of the sale of the SOFTWARE granted to BUYER under +section 1 of this AGREEMENT, BUYER agrees to pay to GMSH AUTHOR, the +lump sum of _______. BUYER agrees to pay directly to GMSH AUTHOR any +local, state, or federal taxes which may accrue or be levied due to +the granting of this license, exclusive, however, of taxes based on +net income. + +4. TITLE/PROPRIETARY RIGHTS +--------------------------- + +4.1 GMSH AUTHOR represents that it is the owner and copyright holder +of the original version of the SOFTWARE. BUYER acknowledges that this +AGREEMENT grants to it no interest in the title to the original +version of the software. Any copies of the original version SOFTWARE, +in whole or part which are made by BUYER shall be and remain the sole +property of GMSH AUTHOR. + +4.2 BUYER acknowledges that pursuant to this AGREEMENT, it obtains +only the right to use, modify and resell the SOFTWARE but that no +right, title or interest in or to any copyrights is transferred from +GMSH AUTHOR to BUYER. + +4.3 BUYER shall not remove, alter, cover or obliterate any copyright +notice placed by GMSH AUTHOR on the SOFTWARE. + +4.4 BUYER will make best effort to acknowledge GMSH AUTHOR as the +developer of the original version of the SOFTWARE in the user +documentation relating to the use of the SOFTWARE. + + + + +___________________________ ___________________________ +Christophe Geuzaine Jean-Francois Remacle + + + + ___________________________ + Date + + +Accepted for BUYER: + + +___________________________ ___________________________ +Name Title + + +___________________________ ___________________________ +Signature Date -- GitLab