During checkout, the shipping information will be used for the license agreement.
- The "Company" will be the "Licensee" of this license agreement.
- The "Name" will be the "Authorized Business Representative."
- The "Address" will be the "Official Business Address."
Business entity name (“LICENSEE”): "Shipping Company"
Business official address:
Computer program and data of one or more of the following software (“SOFTWARE”)
____ “TracLawn v11” (Cornell docket D4387)
____ “TracSod v11” (Cornell docket D4388)
____ “TracGrounds v11” (Cornell docket D4389)
____ “TracGolf v11” (Cornell docket D4390)
The SITE is a property where the LICENSEE conducts business.
Business authorized representative name: "Shipping Name"
Email: "Shipping Email"
Phone: "Shipping Phone"
This agreement ("Agreement") is a legal contract made by and between the LICENSEE and Cornell University (“CORNELL”) as represented by its Center for Technology Licensing at Cornell University ("CTL") at 395 Pine Tree Road, Suite 310, Ithaca, NY 14850. By the clicking the “AGREE” button, LICENSEE has agreed to the following terms and conditions with the Effective Date of "Timestamp of Order" (today) for the use of the SOFTWARE at the Site:
- The SOFTWARE was developed in the course of research at CORNELL by Juliet Carroll and Jennifer Grant and their associates (“Author”) and is covered by CORNELL COPYRIGHTS as later defined below.
- CORNELL is the owner of the title and the entire interest in the copyrights, domestic and foreign, that subsist in the source code, the object code, and any documentation that provides information relating to the use and installation of SOFTWARE (“CORNELL COPYRIGHTS”).
- LICENSEE desires to obtain a license to possess, install and use SOFTWARE in one or more computers at the Site specified above hereof and to use CORNELL COPYRIGHTS for the limited purpose of record-keeping and reporting by LICENSEE (“PURPOSE”).
- CORNELL hereby agrees to provide LICENSEE a copy of the SOFTWARE and further grants to LICENSEE and LICENSEE hereby accepts a non-exclusive, non-transferable license to use SOFTWARE and CORNELL COPYRIGHTS for the PURPOSE. Use of the SOFTWARE or CORNELL COPYRIGHTS by any third party or for any other purpose is expressly prohibited. LICENSEE shall have no right to grant sublicense for any rights granted under this license to any third party.
- The forgoing rights to possess, install and use SOFTWARE shall be subject to the following restrictions: (a) LICENSEE shall not copy or allow copies of SOFTWARE to be made; (b) LICENSEE shall not use SOFTWARE in a single CPU, in a network, in multiple CPUs or multiple users arrangement through the Internet outside of Site; and (c) LICENSEE shall not modify or alter SOFTWARE except to the extent necessary to make SOFTWARE operable in LICENSEE’s computers on Site and the restrictions under (a) and (b) above shall apply to the SOFTWARE as modified or altered by LICENSEE.
- This Agreement grants LICENSEE no title or right of ownership in the SOFTWARE or CORNELL COPYRIGHTS and no property right in any copyrighted materials delivered hereunder. LICENSEE may not copy the SOFTWARE or any part thereof in any form, except that LICENSEE may reproduce one (1) copy of the SOFTWARE for backup or archival use. LICENSEE agrees not to remove or destroy any proprietary markings, including copyrights notice, placed upon, marked or contained within the SOFTWARE or any related materials.
- LICENSEE agrees to pay CCTEC a license fee of sixty US dollars (US$60) for each of the TracLawn, TracSod, TracGrounds, TracGolf SOFTWARE. If four of the SOFTWARE are licensed together as a bundle, the total license fee will be reduced to one hundred eighty US dollars (US $180).
- CORNELL shall send LICENSEE a copy the Agreement and provide a site for the LICENSEE to download the licensed SOFTWARE.
- CORNELL may terminate this Agreement at any time if LICENSEE breaches a material provision of this Agreement. CORNELL may also terminate this Agreement if at any time CORNELL believes the SOFTWARE may become the subject to any claim of infringement of patent, copyright or trade secret of a third party.
- The license granted in this Agreement is provided "as is" and without WARRANTY OF MERCHANTABILITY or WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE or any other warranty, express or implied. CORNELL makes no representation or warranty that the use of SOFTWARE or CORNELL COPYRIGHTS will not infringe any proprietary rights of a third party.
- Under no circumstances shall CORNELL be liable to LICENSEE or any third party for direct or indirect damages of any character, including, without limitation, loss of profits, loss of use, loss of goodwill, computer failure or malfunction, even if advised of the possibility of such damages. LICENSEE agrees to hold CORNELL harmless for any and all liability CORNELL may incur as a result of LICENSEE's use of the SOFTWARE.
- LICENSEE understands and accepts that CORNELL is under no obligation to provide maintenance or support services, notices of latent defects or correction of defects for the SOFTWARE.