License Agreement for
Peter's Polling Package v1.1
This License Agreement for Peter's Polling Package v1.1 is a legal agreement between the RECIPIENT and the AUTHOR.
1. DEFINITIONS
1.1 “AUTHOR” means Peter L. Blum.
1.2 "RECIPIENT" means the company, entity or individual whose product registration for the Software is on record with the AUTHOR. The RECIPIENT is licensed to us the SOFTWARE at one location, as identified by the Contact Information provided by the RECIPIENT with the product registration. If the RECIPIENT has other locations, separate licenses are required, unless otherwise stated in this agreement. RECIPIENT is sometimes referred to as “You” or “Your” throughout this License Agreement.
1.3 “SOFTWARE" means Peter's Polling Package v1.1.
1.4 "USE" means storing, loading, installing, or executing the SOFTWARE.
1.5 “PRODUCTION WEB SERVER” means a computer that makes a web site available to end users, usually on the Internet or an intranet. The Production Web Server must be managed exclusively by the RECIPIENT, either by an employee or a consultant. All web sites on the Production Web Server must be operated by the RECIPIENT only.
1.6 “HOSTED WEB SERVER” means a computer that makes a web site available to end users, usually on the Internet or an intranet. The Hosted Web Server is managed by a third party hosting company. The SOFTWARE is only licensed to be used on web sites operated by the RECIPIENT.
1.7 “DEVELOPMENT COMPUTER” means a computer used in the software development process including coding, debugging, testing, staging, and documenting without making a web site available to end users. The DEVELOPMENT COMPUTER can be located either at the RECIPIENT’s location or off site.
2. RECIPIENT’S ACCEPTANCE OF TERMS OF LICENSE
Your USE of SOFTWARE, in whole or in part, indicates your acceptance of the following terms and conditions contained in this License Agreement. If you do not understand any terms or conditions contained in this License Agreement, contact the AUTHOR at PLBlum@PeterBlum.com. If you do not agree to and accept the terms and conditions contained in this License Agreement, then YOU may not use or view any part or whole of the SOFTWARE. In such an event, the RECIPIENT must delete all files included with the SOFTWARE and destroy them in a commercially reasonable manner. Your acceptance of this License Agreement supercedes and replaces any prior license agreement you have accepted relating to Peter’s Polling Package v1.1.
3. TERMS AND CONDITIONS RELATIVE TO RECIPIENT’S USE OF THE SOFTWARE
3.1 LICENSE GRANT. The AUTHOR hereby grants the RECIPIENT a limited, non-exclusive, nontransferable license to use the SOFTWARE subject to RECIPIENT’s compliance with all of the following conditions for the license to be effective:
3.2 The RECIPIENT has provided the AUTHOR with valid, accurate, and complete Contact Information prior to receiving the SOFTWARE.
a) Contact Information consists of a person’s name, company name (if registering to a company), street address, city, state/province (if appropriate), country, postal code, phone number and Email address. A Trial Version License only requires the RECIPIENT’s name and email address.
b) RECIPIENT shall update such Contact Information with changes, if appropriate in accordance with the terms of the type of license provided by this Agreement, during the term of this License Agreement.
3.3 The RECIPIENT has received a Serial Number from the AUTHOR. A Serial Number is a unique textual code that is assigned to the individual license.
a) If the RECIPIENT orders multiple licenses, they will receive one Serial Number for each license. A Serial Number is sent in an Email message to the Email address supplied within the Contact Information.
b) A Trial Version License will substitute the term Password for Serial Number in the Email message sent to the RECIPIENT.
3.4 The RECIPIENT has received a License File from the AUTHOR.
a) A License File is a single computer file that contains specific information about the license used by the SOFTWARE to determine if the RECIPIENT is entitled to use the SOFTWARE.
b) The License File is sent to the RECIPIENT through Email, using the Email address supplied by the RECIPIENT within the Contact Information.
3.5 RECIPIENT has paid the Licensing Fee in full to the AUTHOR either directly or through an agent or reseller selected by the AUTHOR. Amount of the Licensing Fee depends on the License Type, described below in Section 4 of this Agreement. A Trial Version License is free of charge.
3.6 RECIPIENT properly has installed the License File issued to the RECIPIENT by the AUTHOR, in accordance with the terms of the particular License Type issued.
a) Proper installation is defined in the documentation supplied with the SOFTWARE.
b) The License File will impose usage limitations on the RECIPIENT.
The SOFTWARE is licensed to the RECIPIENT on a per web server basis only. The SOFTWARE is not licensed per domain name, URL, Internet protocol address, building, physical address or per computer processor.
A Trial Version License can be used on any DEVELOPMENT COMPUTER, PRODUCTION WEB SERVER, or HOSTED WEB SERVER. It has these restrictions:
a) The license for the SOFTWARE expires thirty (30) days from the date the product is downloaded from the www.PeterBlum.com web site. The RECIPIENT will not use the SOFTWARE on or after the expiration date without permission of the AUTHOR. The expiration date is clearly posted in the Email containing the License File and in the file name of the License File.
b) No more than fifteen (15) unique IP Addresses can retrieve a page that contains HTML generated by the SOFTWARE. The SOFTWARE will not operate when the sixteenth or later unique IP Address requests a web page.
c) One (1) License File is issued per Trial Version License Serial Number. It can be placed on all PRODUCTION WEB SERVERS, HOSTED WEB SERVERS and DEVELOPMENT COMPUTERS.
4.2 Web Server License
A Web Server License is required for each PRODUCTION WEB SERVER and HOSTED WEB SERVER.
a) One (1) Web Server License also covers all DEVELOPMENT COMPUTERS.
b) Two (2) License Files are issued per Web Server License Serial Number. One is for a single PRODUCTION WEB SERVER or HOSTED WEB SERVER. The other is for all DEVELOPMENT COMPUTERS. The Email containing each the LICENSE FILE identifies which server it is for.
4.3 Site License
A Site License allows the RECIPIENT to use the SOFTWARE on an unlimited number of PRODUCTION WEB SERVERS, HOSTED WEB SERVERS and DEVELOPMENT COMPUTERS.
a) One (1) License File is issued per Site License Serial Number. It can be placed on all PRODUCTION WEB SERVERS, HOSTED WEB SERVERS and DEVELOPMENT COMPUTERS.
4.4 Upgrade from Web Server License to Site License
A Site License is automatically granted to the RECIPIENT with the receipt of five (5) valid Web Server Licenses for the SOFTWARE.
a) Five (5) Web Server License License Files associated with separate Serial Numbers must be properly installed on each PRODUCTION WEB SERVER, HOSTED WEB SERVER, and DEVELOPMENT COMPUTER for the upgrade to operate.
4.5 Redistribution License
A Redistribution License allows the RECIPIENT to include the SOFTWARE in a WEB APPLICATION licensed to a CUSTOMER. A Redistribution License also provides the RECIPIENT with a license on an unlimited number of PRODUCTION WEB SERVERS, HOSTED WEB SERVERS and DEVELOPMENT COMPUTERS.
a) A WEB APPLICATION is software built for use by web browsers. It may reflect part or all of the web pages for a web site. The RECIPIENT owns the WEB APPLICATION and protects its ownership through careful licensing. The RECIPIENT grants licenses for its usage to a CUSTOMER.
b) A CUSTOMER is a company, entity, or individual who receives the WEB APPLICATION under a license from the RECIPIENT.
c) The RECIPIENT can distribute their WEB APPLICATION along with the SOFTWARE and License File for a Redistribution License so long as these conditions are met:
i. The CUSTOMER does not use the Serial Number issued to the RECIPIENT outside of the WEB APPLICATION.
ii. The CUSTOMER does not use the Serial Number to enhance or extend the WEB APPLICATION. If the CUSTOMER wants to enhance or extend the WEB APPLICATION, they must acquire a separate license.
iii. The following files associated with the SOFTWARE may be distributed. These files include, but are not limited to, the License File for the Redistribution License; all assembly files, all compressed javascript files, all style sheet files and all image files.
iv. No materials or documentation from the SOFTWARE used in software development may be distributed.
v. Copyrights are maintained in all SOFTWARE files that are distributed.
d) One (1) LICENSE FILE is issued per Redistribution License Serial Number. It can be placed on all PRODUCTION WEB SERVERS, HOSTED WEB SERVERS and DEVELOPMENT COMPUTERS. It can be placed on an unlimited number of the CUSTOMER’s web servers to which the WEB APPLICATION has been licensed.
e) The RECIPIENT may use with Redistribution License with an unlimited number of WEB APPLICATIONS.
f) The RECIPIENT may use the Redistribution License with an unlimited number of CUSTOMERS.
5. OWNERSHIP. The SOFTWARE is owned by Peter L. Blum. This License Agreement confers no title or ownership in the SOFTWARE to the RECIPIENT.
6. COPYRIGHT. The SOFTWARE is copyright 2002-2005, Peter L. Blum. All rights are reserved. The SOFTWARE is protected by US Copyright Law and international law and treaty provisions.
7. REVERSE ENGINEERING. RECIPIENT agrees that it will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
8. DISTRIBUTION. Except as expressly authorized above, RECIPIENT may not distribute any part of the SOFTWARE or LICENSE FILES without express written permission of the AUTHOR.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THIS SOFTWARE IS LICENSED TO THE RECIPIENT "AS IS", AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE RECIPIENT ASSUMES ALL RISKS WHEN USING IT. AUTHOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE AUTHOR DOES NOT WARRANT THAT THIS SOFTWARE DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES.
IN NO EVENT SHALL AUTHOR BE LIABLE TO RECIPIENT FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AUTHOR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY RECIPIENT, IF ANY.
10. CONSUMER RIGHTS. The Warranty of Section 9 gives a RECIPIENT specific legal rights; a RECIPIENT may have other rights depending upon where he or she lives. Some jurisdictions do not allow the exclusion of limitation of special, incidental or consequential damages, so the above exclusions and limitations may not apply to all RECIPIENTS.
11. TERMINATION. This License Agreement and the rights granted hereunder shall continue in full force and effect until terminated as provided herein. RECIPIENT may terminate this License Agreement at any time without notice. This Agreement will terminate automatically, without notice from the AUTHOR, if the RECIPIENT fails to comply with the terms and conditions of this License Agreement.
Upon termination, the RECIPIENT shall immediately discontinue USE of the SOFTWARE and promptly destroy all copies of the SOFTWARE. All payments made by RECIPIENT are non-refundable. Notwithstanding termination, the following provisions shall survive: Sections 4, 5, 6, 7 and 9. All other rights granted under this Agreement will cease upon termination.
12. SEVERABILITY. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
13. GOVERNING LAW, JURISDICTION AND VENUE
This agreement will be governed by, and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles.
Each party hereby agrees that all disputes regarding this Agreement and the material covered by this agreement shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. All arbitral proceedings shall be held in Boston, Massachusetts. Each party hereby waives any objection it might otherwise have to venue in any of such arbitral proceedings.
14. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement between AUTHOR and RECIPIENT with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of the AUTHOR and RECIPIENT.
15. ASSIGNMENT
15.1 If RECIPIENT is a consultant or other third party service provider developing web sites for its customers, RECIPIENT may, with prior written consent of the AUTHOR, assign its rights and obligations under this Agreement to its customer provided that all files associated with the SOFTWARE are transferred to the customer that is the owner of the developed website.
15.2 If RECIPIENT is a corporation or limited liability company, RECIPIENT may assign its rights and obligations under this Agreement to any parent, subsidiary and/or affiliate of RECIPIENT or to any successor in interest by consolidation, reorganization, merger or acquisition of substantially all of its assets.
15.3 RECIPIENT must notify the AUTHOR with updated and verifiable Contact Information within 30 days after the assignment.
15.4 Any prohibited assignment will be null and void.
16. U.S. GOVERNMENT RESTRICTED RIGHTS. This Software is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of commercial computer software and commercial computer software documentation. All U.S. Government RECIPIENTS acquire the SOFTWARE with those rights set forth herein, and none others. Please contact PLBlum@PeterBlum.com, if you have any questions regarding this provision.
17. EXPORT RESTRICTIONS. RECIPIENT acknowledges and agrees that the SOFTWARE is subject to restrictions and controls imposed by the Export Administration Act of 1979, as amended (the “Acts”). You agree and certify that neither the SOFTWARE or any direct product thereof is being or will be used for any purpose prohibited by the Acts, nor will the SOFTWARE or any product thereof be exported to: (i) any country subject to U.S. trade embargo; (ii) any person or entity on the U.S. Denied Persons List, Specially Designated List, or Entities List.