Software license agreement
A. The Licensor owns certain freemium computer software provided as is without support or maintenance.
B. The Licensor has agreed to grant to the Licensee a non-exclusive license to use such computer software and its associated documentation on the following terms and conditions.
C. Installation as well as usage means you agree with this license.
1. Definitions and interpretation
In this Agreement, unless the context indicates the contrary:
Documentation means any and all proprietary documentation made available to the Licensee by the Licensor for use with the Licensed Software, including any documentation available online.
Force Majeure Event means any event beyond the control of the relevant party.
Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
Licensed Software means the Lua4z software owned by the Licensor and delivered to the Licensee by the Licensor pursuant to this Agreement. For clarity, this Software License Agreement has no bearing on the copyright and permissible use of third party Incorporated Materials.
Licensor means Fundi Software Pty Ltd of Bentley WA, Australia (ACN 009 120 290).
Moral Rights has the meaning given under the Copyright Act 1968 (Cth) and includes any similar rights existing in other countries.
Unless the context requires otherwise:
(a) a reference to a person includes a corporation or any other legal entity;
(b) the singular includes the plural and vice versa;
(c) headings are for convenience and do not form part of this Agreement or otherwise affect the interpretation of this Agreement;
(d) the term "includes" (or any similar term) means "includes without limitation"; and
(e) a reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.
2. Grant of License
2.1 The Licensor grants to the Licensee a free non-exclusive, world-wide, non-transferable license to use the Licensed Software and the Documentation subject to and in accordance with the terms and conditions set out in this Agreement.
2.2 The Licensee must not:
(a) use the Licensed Software for any purpose or in any manner other than as set out in clause 2.1;
(b) use the Licensed Software in any way that could damage the reputation of the Licensor or the goodwill or other rights associated with the Licensed Software;
(c) permit any third party to use the Licensed Software;
(d) except as expressly permitted by this Agreement, and except to the extent that applicable laws, including the Copyright Act 1968 (Cth), prevent Licensor restraining Licensee from doing so:
(i) reproduce, make error corrections to or otherwise modify or adapt the Licensed Software or the Documentation or create any derivative works based upon the Software or the Documentation;
(ii) de-compile, disassemble or otherwise reverse engineer the Licensed Software or permit any third party to do so; or
(e) modify or remove any copyright or proprietary notices on the Licensed Software or the Documentation.
3. Intellectual Property Rights
3.1 Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights.
3.2 The Licensee:
(a) acknowledges that the Licensor owns all Intellectual Property Rights in the Licensed Software; and
(b) will not directly or indirectly do anything that would or might invalidate or put in dispute the Licensor's title in the Licensed Software.
3.3 If any person makes any claim alleging that any of the Licensed Software (or use of the Licensed Software) infringes any Intellectual Property Rights or Moral Rights of any person, the Licensee must:
(a) promptly notify the Licensor in writing;
(b) not make any admissions or take any action in relation to the claim without the Licensor's written consent;
(c) permit the Licensor control over any and all investigations, negotiations, settlement and dispute resolution proceedings relating to the claim; and
(d) cooperate with, assist and act at all times in accordance with the reasonable instructions of the Licensor, in relation to the claim and any consequent investigations, negotiations, settlement and dispute resolution proceedings.
4. Incorporated Materials
4.1 Some third party materials are incorporated in the Licensed Software and they are listed in the schedule together with their required copyright notices and permission notices.
5.1 To the full extent permitted by law, the Licensor excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
5.2 To the full extent permitted by law, the Licensor excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.
5.3 Either party's liability for any claim relating to this Agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.
5.4 This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, the Licensor limits its liability in respect of any claim to, at the Licensor's option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
6.1 The Licensee must not assign, sublicense or otherwise deal in any other way with any of its rights under this Agreement without the prior written consent of the Licensor.
6.2 Nothing contained in this Agreement creates any relationship of partnership or agency between the parties.
6.3 If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
6.4 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
6.5 This Agreement is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.
6.6 This Agreement may be amended only by a document signed by all parties.
6.7 A provision of or a right under this Agreement may not be waived or varied except in writing signed by the person to be bound.
6.8 This Agreement is governed by the laws of Western Australia and each party submits to the jurisdiction of the courts of Western Australia.
Schedule of incorporated materials
Lua4z is a derivative work based on Lua.
Lua is distributed under the terms of the MIT license.
Copyright © 1994 - 2012 Lua.org, PUC-Rio.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
The 2012 copyright year corresponds to Lua 5.1, on which Lua4z is based.
Lua extensions and other materials
See the list of Lua extensions and other materials included with Lua4z, and their licenses.