Je m'intéresse à une licence très privatrice, appliquée à un logiciel auquel j'aimerais produire une alternative.
J'aimerais surtout savoir si elle est applicable en Europe et si regarder quelques fichiers produits avec un autre logiciel (éditeur de texte par exemple) pouvait être interdit. J'ai besoin au minimum de pouvoir lire les fichiers xml produits par le logiciel, pouvoir désassembler le bytecode java 1.5 (sic) serait un plus.
Étant donné l'énorme pavé qu'elle représente, j'enlève les blablas pour définir certains termes ou ceux où on nous crie dessus que la société n'est responsable de rien. J'ai aussi anonymisé le nom de la société.
Subject to the terms and conditions of this License Agreement, [TheCompany] hereby grants You a non-exclusive and non-transferable license only within the United States of America (1) to install and run machine-readable portions of the Software on a single computer, and to make use of web services and documentation of the Software, solely to organize and hold tournaments which comply in all respects (i) with [TheCompany]'s guidelines for TO's as the same may exist from time to time and, (ii) if you have entered into a TO Agreement, with such TO Agreement, and (2) to make a single copy of the Software in machine readable form for backup purposes only. Notwithstanding the foregoing, in the event that [TheCompany] notifies you of the availability of a new version of the Software or any portion thereof, the license granted to You for any and all prior versions of the Software or such portion thereof shall immediately cease and the license granted to You as expressed above in this paragraph shall extend only to such new version. Except as expressly granted in this paragraph, [TheCompany] grants You no rights of any kind in or to the Software and You will not be deemed to acquire any such rights implicitly, by operation of law or otherwise. Title in and to the Software, as well as any and all rights therein or thereto, including copyrights, trade secrets and other forms of intellectual property rights, shall remain in [TheCompany]. In particular, and without limitation, You shall have no right to provide copies of any of the Software to any third party, or prepare derivative works based thereon.
You shall not (1) decompile, disassemble or reverse engineer any of the Software, except as provided by applicable law notwithstanding this limitation, (2) modify, adapt, add to or otherwise change the Software in any way, (3) communicate the Software in electronic form, printed form or otherwise, or (4) rent, lease, lend, run, give access to or otherwise permit the use of the Software by or for any third party.
You acknowledge and agree that the Software and all portions thereof are confidential and constitute trade secrets of [TheCompany] and you shall at all times maintain the same confidential by taking all steps necessary to safeguard such confidentiality, including but not limited to refraining from publishing or otherwise disclosing the same to anyone without the express written permission of [TheCompany] first obtained. All copies, excerpts, notes and summaries including any of the Software shall become and remain at all times the property of [TheCompany] and/or its affiliates and shall be subject to the terms of this License Agreement. If You have entered into a TO Agreement, the Software and all portions thereof shall be deemed Confidential Information under such TO Agreement and subject to the provisions thereof governing Confidential Information.
This License Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws provisions, as applied to agreements executed by New York residents and performed solely within the State of New York. The parties irrevocably agree that the state and federal courts located in the State of New York, U.S.A. shall have exclusive jurisdiction in respect of any dispute which may arise out of or in connection with this License Agreement in respect of any claim brought against [TheCompany] by You, and shall have non exclusive jurisdiction in respect of any claim brought against you by [TheCompany]. You agree to submit to personal jurisdiction in New York and agree to accept service of process by mail in the country in which your office is located as specified by you to [TheCompany]. THE PARTIES HEREBY WAIVE TRIAL BY JURY.
If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be invalid or unenforceable, that provision of this License Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect.