Maple

By renewing your Maple licence, you are agreeing to abide by Maple's licence agreement.

Please read the licence agreement carefully before proceeding.

Student/Staff End User Licence Agreement

THIS IS SCHEDULE "A" TO THE ADDENDUM BETWEEN WATERLOO MAPLE INC. AND THE UNIVERSITY OF YORK
WATERLOO MAPLE INC.

Waterloo Maple Inc., an Ontario corporation, having its principal office at 57 Erb Street, Waterloo, Ontario, Canada N2L 6C2 (herein called the "Licensor"), and a full time student or member of The University of York (herein called the "Licensee"), desire to enter into an agreement wherein Licensor grants to Licensee a non-exclusive time limited license to use Licensor's Maple software product (the "Software") subject to certain terms and conditions.

NOW THEREFORE, Licensor and Licensee agree as follows:

1.  Scope of Rights Granted.

1.01 By this Agreement, Licensor grants Licensee a non-exclusive and non-transferable right to load, store, and execute the object code version of the Software on the Licensee's personal computer for the period during which the Licensee is a student or staff member of the University of York (the "University").

1.02 Licensee obtains no right, title or interest in the Software or any of the associated materials, or any right, title or interest to any intellectual property rights in the Software, other than as expressly set forth in this Agreement.

1.03 Licensee shall not assign, rent, transfer, or sublicense the Software or Licensee's rights under this Agreement, or provide time sharing, or operate a service bureau with the Software, or charge a fee to a user, without the prior written approval of Licensor. Licensee shall not use the Software other than for the Licensee's personal purposes.

1.04 Licensee shall not reverse engineer, decompile, or disassemble the Software or take any other steps to discover the trade secrets or confidential information in the Software, including, without limitation, any internal or external programming interfaces.

1.05 Licensee may make one copy of the Software for backup or archive purposes only. No other copies of the Software shall be made without the prior written approval of the Licensor.  Secrets or confidential information in the Software, including, without limitation, any internal or external programming interfaces.

2.  Term and Termination.

2.01 This Agreement shall continue until the earlier of such time as the Licensee is no longer a registered student or staff member of the University or as long as the Licensee abides by the terms of this Agreement and Licensor does not exercise its rights to terminate as set forth in Section 2.02.

2.02 The Licensor upon the breach of any term or condition of this Agreement, shall have right and option to terminate this Agreement immediately upon Licensor giving Licensee ten (10) days written notice and where such breach is not cured within such period.  Notwithstanding the foregoing, the Licensor may immediately terminate this Agreement if the licensee institutes or if any proceeding is commenced against or affecting the Licensee: (i) seeking to adjudicate it a bankrupt or insolvent; (ii) seeking liquidation, dissolution, winding up, reorganization, arrangement, protection, relief or composition of it or any of property or debt; (iii) making a proposal with respect to it under any law relating to bankruptcy, insolvency, reorganization or compromise of debts or other similar laws; or (iv) seeking to appoint a receiver, trustee, agent, custodian or other similar official for it or for part of its assets or property.

2.03 Upon termination of this Agreement, Licensee shall remove all copies of the Software from any data processing or reasonable evidentiary information and material needed to enable Licensor to satisfy itself as to such removal and destruction of the Software, materials, duplicates and copies.

3.  Warranties, Indemnity, and Limitations of Liability.

3.01 THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, THAT ALL ERRORS WILL BE CORRECTED, WILL RUN ON ALL HARDWARE, IDENTIFIES ALL KNOWN VIRUSES OR MAY NOT OCCASIONALLY REPORT A VIRUS IN A FILE NOT INFECTED BY THAT VIRUS EXCEPT AS PROVIDED ABOVE.  THE SOFTWARE, MEDLA AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS, AND Licensor DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. Licensor MAKES NO REPRESENTATION WITH RESPECT TO THE ADEQUACY OF THE SOFTWARE FOR ANY PARTICULAR PURPOSE OR WITH RESPECT TO ITS ADEQUACY TO PRODUCE ANY PARTICULAR RESULT. Licensor SHALL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING OUT OF THIS AGREEMENT OR THE USE OF THE SOFTWARE BY THE Licensee.

3.02 In the event that the Licensee discovers a virus and it is confirmed by Licensor that the computer virus came from the Software, Licensor will provide a clean copy of the Software to the Licensee within a reasonable period of time.

3.03 IN NO EVENT, INCLUDING TERMINATION OF THIS AGREEMENT, SHALL Licensor BE LIABLE FOR ANY INDIRECT. INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF SUCH DAMAGES. IN NO EVENT SHALL THE LICENSOR'S LIABILITY. FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES PAID BY Licensee FOR THIS LICENSE.

3.04 Licensor shall indemnify and hold harmless Licensee for any liability for infringement of any United States patent, copyright, or trade secret rights of and due to a third party caused solely by the use of the Software in accordance with the Software's documentation provided that:

(a) the infringement is not caused by the combination of the Software with any other item not provided by the Licensor, including but not limited to software, data, or hardware;

(b) Licensee promptly notifies Licensor in writing within seven (7) days of Licensee's first knowledge of a charge of infringement of patent, copyright, or trade secret rights by another party;

(c) Licensee agrees to allow Licensor to fully control any litigation and settlement of such infringement charges provided any such settlement does not require the Licensee to make any payment

Should any portion of the Software or its intended use become, or in Licensor’s opinion be likely to become, the subject of a claim of infringement of a Canadian patent, copyright, or other proprietary right, Licensor shall procure for Licensee the right to continue using the Software or shall replace or modify it without degradation to functionality to make it non infringing.  If neither of the foregoing solutions is reasonably available as determined by the Licensor in its absolute discretion, Licensor shall have the right to terminate this Agreement without payment of compensation of any kind to the Licensee.

4.  Miscellaneous Provisions

4.01 Export Restrictions. Licensee hereby agrees not to take or send the software outside of the United Kingdom.

4.02 Integration Clause. This Agreement constitutes the entire agreement and understanding between the parties concerning the subject matter hereof, and any modification or amendment shall not be binding upon either party unless it is in writing and signed on behalf of each by a duly authorized representative.

4.03 Applicable Law. This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the Province of Ontario.

4.04 Language. The parties hereto have expressly required that, this Agreement and the Schedules be drawn in the English language.

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