Scheduler – License
End User and OEM licenses available
End User License - Scheduler v1.0
THIS LICENSE IS ONLY VALID FOR INTERNAL EVALUATION USE, AND MAY NOT BE USED IN ANY PRODUCTION ENVIRONMENT.
THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS WITH RESPECT TO THE SOFTWARE AND ITS COMPONENTS.
1. OWNERSHIP, LICENSE GRANT
This is a license agreement and not an agreement for sale. We reserve exclusive intellectual property rights inherent in or relating to the Software, which include, but are not limited to, all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this Agreement.
Subject to the payment of the fee required and subject to the terms and conditions of this License Agreement, We grant to You a revocable, non- transferable and non-exclusive license (i) for Designated User(s) (as defined below) within Your organization to install and use the Software on any workstations used exclusively by such Designated User and (ii) for You to install and use the Software in connection with unlimited domains and sub- domains on unlimited servers, solely in connection with distribution of the Software in accordance with sections 3 and 4 below. This license is not sublicensable except as explicitly set forth herein. “Designated User(s)” shall mean Your employee(s) acting within the scope of their employment or Your consultant(s) or contractor(s) acting within the scope of the services they provide for You or on Your behalf for whom You have purchased a license to use the Software.
In addition to the other terms contained herein, We grant to You a revocable, non- transferable and non- exclusive license to install and use the Software (the “Trial License”) strictly for Your internal evaluation and review purposes and not for production purposes. This Trial shall be effective for forty-five (45) consecutive days following the date of registration (“the Trial Period”). You agree not to use a Trial License for any purpose other than determining whether to purchase a license to the Software. While using the Trial License, the Software may “call home” periodically to notify You of a newer Software version being available. You acknowledge that the Software, during the Trial, may be configured to call home automatically. In the event BAB wishes to verify your compliance with this EULA, You shall reasonably respond to BAB’s requests for information, including requests for conducting an audit.
2. PERMITTED USES, SOURCE CODE, MODIFICATIONS
We provide You with source code so that You can create Modifications of the original Software, where Modification means: a) any addition to or deletion from the contents of a file included in the original Software or previous Modifications created by You, or b) any new file that contains any part of the original Software or previous Modifications. While You retain all rights to any original work authored by You as part of the Modifications, We continue to own all copyright and other intellectual property rights in the Software.
You may use the Software in any applications, frameworks, or elements that you develop using the Software in accordance with this License Agreement, provided that such use does not violate the restrictions set forth in section 4 of this agreement. You must not remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Software.
You are required to ensure that the Software is not reused by or with any applications other than those permitted herein.
4. PROHIBITED USES
You may not, without Our prior written consent, redistribute the Software or Modifications other than by including the Software or a portion thereof within Your own product, which must have substantially different functionality than the Software or Modifications and must not allow any third party to use the Software or Modifications, or any portions thereof, for software development or application development purposes.
You may not redistribute the Software in your product if your product is commercially sold or licensed to third parties (including SaaS type applications), without prior written consent of BAB.
You may not: a) use any part of the Software or Modifications or Your knowledge of the Software (or any information that You learn as a result of Your use of the Software) to create a product with the same or substantially the same functionality as the Software including but not limited to resource charts, Gantt charts and other similar scheduling charts; b) transfer, rent, lease, or sublicense the Software or Modifications, or any portions thereof; c) change or remove the copyright notice from any of the files included in the Software or Modifications.
You are explicitly not allowed to use the Software in combination any other software licensed under a GPL license.
UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE (INCLUDING WITHOUT LIMITATION THE SOURCE CODE THEREOF) AS THE BASIS FOR OR IN CONNECTION WITH A PRODUCT THAT CONTAINS THE SAME, OR SUBSTANTIALLY THE SAME, FUNCTIONALITY AS THE SOFTWARE.
BAB is entitled to terminate this License Agreement and Your right to use the Software and Modifications with immediate effect if You fail to comply with the terms and conditions of this License Agreement. Upon termination, You agree to immediately cease using and destroy the Software or Modifications, including all accompanying documents, and confirm in writing that You
have complied with this provision. The provisions of sections 4, 5, 6, 7, and 8 will survive any termination of this License Agreement.
6. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAB AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. BAB DOES NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR BAB TO DO SO.
7. LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAB OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF BAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BAB’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
You agree to preserve all trade secrets and confidential information of BAB and not to disclose or use in any way, either during or after the term of this Agreement, any BAB trade secrets or confidential information known to You as a result of this Agreement, except as authorized by BAB in writing. The Software, its source code and the Documentation constitutes trade secrets and confidential information, which are valuable property of BAB and must be held in strict confidence.
The license granted herein applies only to the version of the Software received in connection with the terms of this Agreement. Any previous or subsequent license granted to You for use of the Software shall be governed by the terms and conditions of the agreement entered in connection with downloading or installation of that version of the Software.
You agree that you will comply with all applicable laws and regulations with respect to the Software, including without limitation all export and re-export control laws and regulations.
You agree to be identified as a customer of BAB and You agree that We may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in BAB’s marketing materials and web site.
You may not assign this License Agreement without the prior written consent of BAB. This License Agreement will inure to the benefit of the successors and assigns of BAB.
You acknowledge that this License Agreement is complete and is the exclusive representation of our agreement. No oral or written information given by BAB or on our behalf shall create a warranty or
collateral contract, or in any way increase the scope of this License Agreement in any way, and You may not rely on any such oral or written information.
If any provision in this License Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this License Agreement shall continue in full force and effect.
This License Agreement may be modified only by a written instrument signed by an authorized representative of each party.
This license agreement shall be governed by and construed in accordance with the laws of Sweden, excluding its conflict of laws principles providing for the application of the laws of any other jurisdiction. The material law in any conflict arising from this Agreement shall thus be Swedish law. All parties irrevocably submit to the jurisdiction of the courts of Sweden and further agree to commence any litigation which may arise hereunder in the courts located in the judicial district of Lund, Sweden.