Qawl 1.0.1
Qawl was created and performed by Sébastien Moureau, Chercheur qualifié at the F.R.S.-FNRS, University of Louvain, Belgium (sebastien.moureau@uclouvain.be).
Qawl Copyright (C) 2014-2018 Sébastien Moureau.
Qawl is a free program.
By installing and/or using the program Qawl and its library, you agree with the following license, which consists of a two parts agreement (agreement on the library and on the software):
The agreement is made on the date of the installation of the program or, if the Licensee did not install the program himself, on the date of the first use of the program, by and between:
Sébastien Moureau, Frances A. Yates long term fellow at the The Warburg Institute, University of London, collaborateur scientifique at the University of Louvain (Belgium),
and
the installer and/or user of the program Qawl ("Licensee").
WHEREAS, Sébastien Moureau is willing to grant a license to Licensee for the Software upon the terms and conditions hereinafter set forth;
NOW, THEREFORE, the parties agree as follows:
1. Definitions - For the purposes of this Agreement, the following terms shall have the following meanings:
1) "Software": refers to the confidential computer software, proprietary to Sébastien Moureau and supplied with this Agreement, entitled "Qawl" and any part of it. Software excludes the “library”, i.e. the group of texts distributed with the Software and which is distributed under another agreement (see above).
2) "Licensed Software": refers to the Software, and any documentation, if any, supplied with this Agreement.
3) "Library" : refers to the group of texts distributed with the Software.
4) "Adaptation": refers to any work based on the Licensed Software, including:
a. any work which incorporates all or part of the Licensed Software,
b. any work which includes modifications to the Software, including but not limited to bug fixes,
c. any work which would be regarded as a derivative work of the Software under the Belgian Copyright Law, and
d. any work which is otherwise covered by any of Sébastien Moureau’s intellectual property rights in the Licensed Software.
5) “Research and Educational Purposes": refers to use of the Licensed Software solely for the purpose of research and education, excluding, without limitations, any use of the Licensed Software as part of or in connection with a product (including software) which is sold, offered for sale, licensed, leased, loaned or rented; but comprising the right to use the Licensed Software for the performance of non-commercial or commercial research in collaboration with third parties, provided always that terms and conditions of this Agreement are respected by the Licensee.
2a. The library can solely be used for the purpose of SCIENTIFIC RESEARCH and/or EDUCATION and TEACHING, and for PRIVATE USE. Licensee cannot disclose, rent, lease or sell (any portions of) the library nor distribute it to any third party. Licensee shall not display or disclose the library on a public bulletin board, website, chatroom or by any other means.
2b. License - Subject to the terms and conditions of this Agreement, Sébastien Moureau grants Licensee a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable right to install and use the Licensed Software for Research and Educational Purposes.
3. Restrictions on Use - Licensee is allowed to make a reasonable number of copies of the Licensed Software solely for backup and recovery. Any such copies shall in all respects be subject to the terms and conditions of this Agreement.
Licensee shall not remove or obscure any copyright and trademark notices or other proprietary notices relating to the Licensed Software. All notices must be duplicated as it appears on the Licensed Software on all authorized copies.
Licensee may not disclose, rent, lease or sell (any portions of) the Licensed Software nor distribute (any portions of) the Licensed Software to any third party. Licensee shall not display or disclose the Licensed Software on a public bulletin board, website, chatroom or by any other means.
4. No Other Rights - Licensee acknowledges that it obtains no ownership rights in the Licensed Software under the terms of this Agreement. All rights in the Licensed Software, including but not limited to trade secrets, trademarks, service marks, patents, and copyrights are, shall be and will remain the property of Sébastien Moureau. All copies of the Licensed Software delivered to Licensee or made by Licensee remain the property of Sébastien Moureau.
5. Adaptations - Licensee may not create Adaptations of the Licensed Software.
6. Third party rights - Licensee warrants that it has obtained lawful permission to use all hardware and software required in order to use the Licensed Software.
7. Warranty Disclaimer - Sébastien Moureau has no obligation to support or maintain the Licensed Software and grants Licensee the right to use the Licensed Software "as is". Licensee assumes total responsibility and risk for Licensee's use of the Licensed Software. Sébastien Moureau does not make, and expressly disclaims, any express or implied warranties, representations or endorsements of any kind whatsoever, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and the warranties of title or non-infringement.
In no event shall Sébastien Moureau be liable for (a) any damages (including, without limitation, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Licensed Software, even if Sébastien Moureau has been advised of the possibility of such damages, (b) any claim attributable to errors, omissions, or other inaccuracies in the Licensed Software , or (c) any claim by any third party. By way of example only, Sébastien Moureau does not warrant that the Licensed Software will be error-free.
8. Term and termination - This Agreement shall enter into force on the Effective Date and be effective until terminated.
This Agreement and the rights granted to Licensee shall terminate automatically if Licensee fails to comply with any of the terms and conditions of this Agreement. Upon termination, all licenses granted herein shall terminate and Licensee shall immediately destroy all copies of the Licensed Software.
9. Applicable Law - This Agreement shall be governed by and construed in accordance with the laws of the Belgium, without regard to its conflicts of law rules. All disputes and differences of any kind related to this Agreement, which cannot be solved amicably by the parties, shall be referred to Courts of Ghent.
10. Assignment - Neither this Agreement nor any of Licensee's rights hereunder shall be assigned, sublicensed, or transferred (in insolvency proceedings, by mergers, acquisitions or otherwise) by Licensee without the previous written consent of Sébastien Moureau. Any assignment or other transfer which is inconsistent with the foregoing shall be null and void ab initio.
11. Entire agreement - This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements, arrangements or undertakings between the parties relating to its subject matter and any representations or warranties previously given or made to it.