Personal User Licence for Tedi software
distributed by University of Crete – TALOS Project
distributed by University of Crete – TALOS Project
The Tedi software (‘the Software’), specified, conceived, and implemented by Christophe Roche (‘the Author’), is distributed on a non-exclusive basis by the University of Crete (‘the UoC’) during the TALOS-AI4SSH HORIZON-WIDERA-2022-TALENTS-01 project (20023-2028).
The licence (‘the Licence’) is made between UoC, as licensor, and you, as licensee.
The Licence governs your use of the Software whatever its version.
The Licence is a personal user licence for academic (teaching and research) non-commercial use only. The Licence is not transferable.
By installing the Software, you agree to be bound by the terms of the Licence.
The Software is protected by copyright. It must not be distributed, transmitted, transferred, published or reproduced in any form by any means. You agree not to modify, adapt, reverse engineer, decompile, decrypt, extract, or disassemble in any other way the Software. The UoC and the Author of the Software make no warranties whatsoever regarding the Software and in particular do not warrant that the Software will function in accordance with the documentation in every combination of hardware and software. If the Software is defective for any reason, you will assume the entire cost of all necessary repairs or replacements.
The UoC and the Author of the Software do not warrant that the Software is free from bugs, defects, errors or omissions. The Software is licensed “AS IS”. The UoC and the Author of the Software disclaim any and all warranties.
The UoC and the Author of the Software have no liability or obligation for any damages or remedies, including, without limitation, the cost of substitute goods, lost data, lost profits, lost revenues or any other direct, indirect, incidental, special, general, punitive or consequential damages, resulting from the use of the Software.
You agree to cite the UoC, the Author, the Software, and its related materials whatever they are, for example documentation, every time you use them. Use the following method to cite:
Roche, C. (YEAR-OF-RELEASE). Tedi (version VERSION-NUMBER). Distributed freely by the University of Crete, Greece.
Additionally, the Software is licensed under Cincom SmalltalkTM Software License Agreement number QS-529 Schedule of Products Number 01 and conforms to APPENDIX 1 Terms Required in End User Sublicense Agreement.
Cincom and the UoC agree that each End User Sublicense Agreement entered into between UoC and any End User shall contain at a minimum all of the following provisions, and will conform to generally accepted industry standards for such sublicense agreements:
1. The End User shall have the right to use TEDI solely for End User’s own internal use within the End User’s organization and solely in conjunction with UoC Offerings. No external use of, access to or commercial application of TEDI (including without limitation within any service or solution offered by an End User to a third party) shall be permitted or authorized by End User without express written consent of Cincom. Such consent may, at Cincom’s sole discretion, also require the End User to enter into a remarketing agreement with Cincom and pay corresponding fees to Cincom in addition to any fees paid to the UoC for TEDI.
2. TEDI is licensed, not sold. Title does not pass to the End User. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. The End User will not make any copies of TEDI except as required for archival or backup purposes.
3. The End User only obtains a nonexclusive license to use the object code version of TEDI. The End User will not decompile, disassemble or otherwise reverse engineer TEDI.
4. TEDI is coded using a non-encrypted Visual works version.
The End User acknowledges and agrees that TEDI may be subject to the United Nations (“UN”), U.S., United Kingdom (“UK”), European Union (“EU”) and/or other national export control and embargoes, sanctions laws and regulations. If the End User, or any third party authorized by the End User, choose to sell, supply, (re-)export, transfer or import, directly or indirectly, TEDI, the End User and any third party authorized by the End User, does so on its own initiative and is responsible for compliance with all applicable export and import controls, including the International Traffic in Arms Regulations (“ITAR”) and Export Administration Regulation (« EAR »), and sanctions laws and regulations, and for obtaining required export and import authorizations, where applicable.
The End User, and any third party authorized by the End User, may not, in violation of applicable laws and regulations, directly or indirectly, (re-)sell, supply, (re-)export, transfer, divert, distribute, disclose, or authorize the exchange, of TEDI (a) into a country subject to UN, U.S., UK or EU sanctions or embargoes or (b) to anyone on related sanctioned parties lists, including those of the UN, U.S. Treasury Department’s List of Specially Designated Nationals, the U.S. Commerce Department’s Table of Denial Orders, the Entity List of proliferation concern, the U.S. State Department’s Debarred Parties List, the UK or the EU and EU Member States national sanctioned parties list(s). By using TEDI, the End User represents and warrants that the End User and/or any third party authorized by the End User are not located in, or a national or resident of any such country under sub (a), or are included on any such sanctioned parties lists or are under the ownership or control of any such sanctioned party under sub (b). In addition, the End User, and any third party authorized by the End User, may not, directly or indirectly, use TEDI, or any replica of them, for the development, design, manufacture, production, stockpiling, delivery or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles capable of delivering such weapons and that TEDI will not be used in any nuclear explosive activity or unsafeguarded nuclear fuel cycle.
5. The End User may appoint the number of users or machines based on License Type within its organisation to use TEDI for each such license the End User acquires. The total number of users or machines may not exceed the number of users or machines, by License Type, of licenses acquired. Only users or machines for which the licenses have been acquired may use the Remarketing Products.
6. TEDI is not specifically developed for use in any nuclear, aviation, mass transit, medical, or other inherently dangerous applications. The UoC and its licensors will not be liable for any claims or damages to the extent the claims or damages arise from such use.
7. THE UoC WARRANTS THAT TEDI WILL SUBSTANTIALLY CONFORM WITH THE FUNCTIONALITY DESCRIBED IN TEDI TECHNICAL DOCUMENTATION. THIS WARRANTY DOES NOT APPLY IF TEDI ERROR OR MALFUNCTION IS CAUSED BY MACHINE MALFUNCTION, BY NON-LICENSEE SOFTWARE MALFUNCTION, BY MODIFICATION NOT MADE OR AUTHORISED BY LICENSEE, BY INCORRECT PROCEDURES USED BY END USER, IF TEDI IS NOT USED ON SUITABLE HARDWARE AND WITH SUITABLE SUPPORTING SOFTWARE WHICH IS CORRECTLY CONFIGURED OR IF TEDI IS NOT CORRECTLY CONFIGURED. THE UoC AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO TEDI.
8. The UoC or its licensors will not be liable, whether in contract, tort, or otherwise, for any loss of profit or goodwill, or other indirect, special, or consequential damages suffered by End User. The UoC’s and its licensors’ cumulative liability for any claim, whether in contract, tort or otherwise, shall be limited to direct damages and shall not exceed the license fees which have been paid by End User for TEDI giving rise to the claim.
9. The End User will not transfer or license, including outsourcing, the use of all or any portion of TEDI to any third party or entity.
The licence (‘the Licence’) is made between UoC, as licensor, and you, as licensee.
The Licence governs your use of the Software whatever its version.
The Licence is a personal user licence for academic (teaching and research) non-commercial use only. The Licence is not transferable.
By installing the Software, you agree to be bound by the terms of the Licence.
The Software is protected by copyright. It must not be distributed, transmitted, transferred, published or reproduced in any form by any means. You agree not to modify, adapt, reverse engineer, decompile, decrypt, extract, or disassemble in any other way the Software. The UoC and the Author of the Software make no warranties whatsoever regarding the Software and in particular do not warrant that the Software will function in accordance with the documentation in every combination of hardware and software. If the Software is defective for any reason, you will assume the entire cost of all necessary repairs or replacements.
The UoC and the Author of the Software do not warrant that the Software is free from bugs, defects, errors or omissions. The Software is licensed “AS IS”. The UoC and the Author of the Software disclaim any and all warranties.
The UoC and the Author of the Software have no liability or obligation for any damages or remedies, including, without limitation, the cost of substitute goods, lost data, lost profits, lost revenues or any other direct, indirect, incidental, special, general, punitive or consequential damages, resulting from the use of the Software.
You agree to cite the UoC, the Author, the Software, and its related materials whatever they are, for example documentation, every time you use them. Use the following method to cite:
Roche, C. (YEAR-OF-RELEASE). Tedi (version VERSION-NUMBER). Distributed freely by the University of Crete, Greece.
Additionally, the Software is licensed under Cincom SmalltalkTM Software License Agreement number QS-529 Schedule of Products Number 01 and conforms to APPENDIX 1 Terms Required in End User Sublicense Agreement.
Cincom and the UoC agree that each End User Sublicense Agreement entered into between UoC and any End User shall contain at a minimum all of the following provisions, and will conform to generally accepted industry standards for such sublicense agreements:
1. The End User shall have the right to use TEDI solely for End User’s own internal use within the End User’s organization and solely in conjunction with UoC Offerings. No external use of, access to or commercial application of TEDI (including without limitation within any service or solution offered by an End User to a third party) shall be permitted or authorized by End User without express written consent of Cincom. Such consent may, at Cincom’s sole discretion, also require the End User to enter into a remarketing agreement with Cincom and pay corresponding fees to Cincom in addition to any fees paid to the UoC for TEDI.
2. TEDI is licensed, not sold. Title does not pass to the End User. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. The End User will not make any copies of TEDI except as required for archival or backup purposes.
3. The End User only obtains a nonexclusive license to use the object code version of TEDI. The End User will not decompile, disassemble or otherwise reverse engineer TEDI.
4. TEDI is coded using a non-encrypted Visual works version.
The End User acknowledges and agrees that TEDI may be subject to the United Nations (“UN”), U.S., United Kingdom (“UK”), European Union (“EU”) and/or other national export control and embargoes, sanctions laws and regulations. If the End User, or any third party authorized by the End User, choose to sell, supply, (re-)export, transfer or import, directly or indirectly, TEDI, the End User and any third party authorized by the End User, does so on its own initiative and is responsible for compliance with all applicable export and import controls, including the International Traffic in Arms Regulations (“ITAR”) and Export Administration Regulation (« EAR »), and sanctions laws and regulations, and for obtaining required export and import authorizations, where applicable.
The End User, and any third party authorized by the End User, may not, in violation of applicable laws and regulations, directly or indirectly, (re-)sell, supply, (re-)export, transfer, divert, distribute, disclose, or authorize the exchange, of TEDI (a) into a country subject to UN, U.S., UK or EU sanctions or embargoes or (b) to anyone on related sanctioned parties lists, including those of the UN, U.S. Treasury Department’s List of Specially Designated Nationals, the U.S. Commerce Department’s Table of Denial Orders, the Entity List of proliferation concern, the U.S. State Department’s Debarred Parties List, the UK or the EU and EU Member States national sanctioned parties list(s). By using TEDI, the End User represents and warrants that the End User and/or any third party authorized by the End User are not located in, or a national or resident of any such country under sub (a), or are included on any such sanctioned parties lists or are under the ownership or control of any such sanctioned party under sub (b). In addition, the End User, and any third party authorized by the End User, may not, directly or indirectly, use TEDI, or any replica of them, for the development, design, manufacture, production, stockpiling, delivery or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles capable of delivering such weapons and that TEDI will not be used in any nuclear explosive activity or unsafeguarded nuclear fuel cycle.
5. The End User may appoint the number of users or machines based on License Type within its organisation to use TEDI for each such license the End User acquires. The total number of users or machines may not exceed the number of users or machines, by License Type, of licenses acquired. Only users or machines for which the licenses have been acquired may use the Remarketing Products.
6. TEDI is not specifically developed for use in any nuclear, aviation, mass transit, medical, or other inherently dangerous applications. The UoC and its licensors will not be liable for any claims or damages to the extent the claims or damages arise from such use.
7. THE UoC WARRANTS THAT TEDI WILL SUBSTANTIALLY CONFORM WITH THE FUNCTIONALITY DESCRIBED IN TEDI TECHNICAL DOCUMENTATION. THIS WARRANTY DOES NOT APPLY IF TEDI ERROR OR MALFUNCTION IS CAUSED BY MACHINE MALFUNCTION, BY NON-LICENSEE SOFTWARE MALFUNCTION, BY MODIFICATION NOT MADE OR AUTHORISED BY LICENSEE, BY INCORRECT PROCEDURES USED BY END USER, IF TEDI IS NOT USED ON SUITABLE HARDWARE AND WITH SUITABLE SUPPORTING SOFTWARE WHICH IS CORRECTLY CONFIGURED OR IF TEDI IS NOT CORRECTLY CONFIGURED. THE UoC AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO TEDI.
8. The UoC or its licensors will not be liable, whether in contract, tort, or otherwise, for any loss of profit or goodwill, or other indirect, special, or consequential damages suffered by End User. The UoC’s and its licensors’ cumulative liability for any claim, whether in contract, tort or otherwise, shall be limited to direct damages and shall not exceed the license fees which have been paid by End User for TEDI giving rise to the claim.
9. The End User will not transfer or license, including outsourcing, the use of all or any portion of TEDI to any third party or entity.
Contact the author for more information:
Prof. Christophe Roche
University of Crete (Greece) – TALOS ERA Chair Holder
University Savoie Mont Blanc (France) – Emeritus
roche.university@gmail.com – www.christophe-roche.fr
University of Crete (Greece) – TALOS ERA Chair Holder
University Savoie Mont Blanc (France) – Emeritus
roche.university@gmail.com – www.christophe-roche.fr