Quickly create your custom software license agreement with options to include the number and type of license granted, permitted uses, warranty, suitable fee structures, and more. Xtreme provides all the features you need to get the most from your mainframe applications. A software license agreement is a contract by which a owner licensor licenses the use of a particular piece of software to another licensee. The court rejects application of the four year statute of 17 limitations or the uccs bar on the discovery rule. Attachmate products, now known as micro focus mainframe solutions, run on 19 million desktops and mobile devices worldwide. Subject to i acceptance of and compliance with this agreement and ii timely payment. Eulas apply to common, commercial software, such as an operating system for a. This software license agreement the agreement is made and entered into as of april 15, 2015 the effective date, by and between lm funding, llc, a florida limited liability company lmf and business law group, p. Xtreme is a windowsbased terminal emulator that connects users to ibm, unix, and linux hosts. Using the attachmate my support features micro focus. The terms of this agreement cannot be modified by any terms in any printed forms used by the parties in performing the.
This software licensing agreement can be used for computer, internet, and open source software. Micro focus international plc and its group companies including attachmate. A copy of the attachmate software license agreement governing this product can be found in a license file in the root directory of the product. Near, with offices at 605 ellis street, suite 200, mountain view, california 940432241 licensor and company name and address licensee.
Experienced legal defense against micro focus attachmate. Software license agreement free eula template us lawdepot. Your actual license rights are set forth in the license agreement accompanying the software and accepted prior to download andor installation. Software license agreement free download on upcounsel. Enterprise software customer wins jury verdict against micro. Our builtin antivirus checked this download and rated it as virus free. If your product doesnt appear on the list please see product documentation for details on how to license your product. Software licence agreement free templates by seq legal. Any thirdparty software that is provided with the software and that is associated with a separate license agreement is licensed to you under the terms of that license agreement third party terms, as referenced from the general information section at the foot of this agreement. Weirton medical starting using attachmate software in 2004 and continued to do so. Log in to access attachmate product upgrades and service packs for your organization. However, when the attachmate name comes up, you tend to hear how aggressive they are when it comes to enforcing their license terms and conditions. The major companies held by the group were attachmate, netiq, novell, and suse attachmate was owned by wizard parent llcan investment group consisting of elliott management corporation, francisco partners, golden gate capital, and thoma cressey bravo.
Bit and attachmate still went to court in june 2014 see 32civ14000116, with the state arguing that it had deployed attachmate s software in compliance with the software license agreement. Micro focus enterprise it software professional services and solutions help you achieve better performance and business value with consulting, design, implementation, integration, education and support services. Contacts must be created only for members of your licensed and maintained organization, or for third parties working for you under contracts which. Citrix compatibility 1 and attachment reflection 2 3 are enhancedadded offerings. Authorized alternatives backgrade rights micro focus.
Attachmate wins important ruling protecting software. Licensee name the licensee, a corporation organized and existing under the laws of the stateprovince, with its. A software license agreement allows a user to purchase the rights to a piece of software from its publisher. If you have acquired new licensed units for a new product or version, and you. Save, sign, print, and download your document when you are done. Easy to use, easy to manage, and highly secure, extra.
From a vendor perspective, most eula enduser license agreements are typically declarations where the enduser agrees to indemnification laws were the end user understands that there is no warranty or level of fitness of the software i. To increase your licensed quantity, contact attachmate customer service or your preferred reseller. The basics of software license agreements legalnature. Software licensing audit cases can end up in court. Nov 19, 2016 for many years, covance and its constituent andor predecessor facilities collectively referred to in this complaint as covance have purchased numerous attachmate software licenses. Licensor hereby grants to licensee, for the term of this agreement, a nonexclusive, nonassignable, right and license to use the software in connection with its business of tracking consumer responses on its specify type of computer system e.
As explained above, the ucc does not govern a 16 license agreement for software. In the event software is provided without an end user license agreement, you. In this case, unblock requests cannot be fulfilled. To put it simply, a software license agreement is an agreement between your company and your customers for use of the software you have the rights to. More than just a template, our stepbystep interview process makes it easy to create a software license agreement. Jan 25, 2000 demonstrates technique for using attachmate emulator high level language api to monitor session status change involving attachmate 32bit emulator products extra. A copy of the attachmate software license agreement governing this product. Im not a lawyer so cant comment in any detail on case. Please select your product to view the licensing information. Subject to customers continuous compliance with this agreement and payment of. Attachmate corporation v minister of water and environmental.
This end user license agreement agreement is a legal agreement between you an entity or a person and attachmate corporation, a micro focus company licensor with respect to the software, together with its included documentation, that you are receiving, accessing or installing, and that constitutes a whole or partial copy of a. Unified platform for defining, managing, and automating activities and gaining insights. Software means one or more computer programs in object code format, whether standalone or bundled with other products, and related documentation. License fees are recorded when conditions and events under the license agreement have occurred and collectibility is reasonably assured. It allows your customers to use your software and details exactly how they can use it. Attachmate corporationnetiq corporationserena software, inc. Attachmate corporation is a 1982founded software company which focuses on secure terminal emulation, legacy integration, and managed file transfer software. It is provided here for general reference only as an example of the terms under which attachmate typically licenses its software products to customers. You shall pay dalet on a time and materials basis based on dalets thencurrent rates for any work performed by dalet to resolve a purported defect in the software that is later determined not to have been caused by a defect in the software. Attachmate has been helping organizations to access, manage, and secure their essential business information for 35 years. Jan 21, 2020 in this case, the customer took the vendor to court, seeking judgment that the license agreement was unenforceable and so audit penalties were not required. Download this software licensing agreement for free today. Attachmate infoconnect enterprise edition is available in these product configurations.
I have not seen many successful push backs against click thru license agreements. If you need a document that covers support and maintenance, as well as licensing, you should look at our software licence, support and maintenance agreements on. This software license agreement agreement is entered into this day of, 2005 between nationwide services company, llc, an ohio limited liability company nationwide, with offices at one nationwide plaza, columbus, ohio 43215 licensor, and nationwide financial services, inc. This page is provided by attachmate to identify the predecessor products and. Boeing shares critical technology and information with our customers, suppliers and partners through licensing. Subject to payment of applicable license fees, licensor and its suppliers grant you a nonexclusive, nontransferable license to use the software for internal business purposes in accordance. The major companies held by the group were attachmate, netiq, novell, and suse. Plaintiff is seeking a declaration that its use of the attachmate software did not violate either defendants s or the parties licensing agreements. Our intuitive software license agreement template makes it easy to customize your software license agreement for all types of users. Dalet software license agreement 3 notification of such defect the cure period. Attachmate agreements in particular are limited the product and version, and not all products have an audit right. Whereas, licensee wishes to license software for the purpose of. Your use of the software is governed by the terms of the software license agreement, if any, which accompanies or is included with the software license agreement.
This case arises out of a software licensing dispute. Pechman rejected defendants contention that article 2 of the uniform commercial code should apply to software license agreements, holding that a license. The following text is attachmate s software license agreement for several current reflection products. Experienced publisher crazy stretch contract interpretation assertions studied. This agreement constitutes the entire agreement between you and licensor with respect to the software, and replaces all other agreements or representations, whether written or oral. Project a more professional image with this attributionfree version of the software licence agreement, available on. A copy of the attachmate software license agreement governing this product can be found in a. This document contains latebreaking information about attachmate infoconnect enterprise edition version 9. Enter the unique username and password provided in your attachmate notification email or letter. To start working with us or learn more, please complete the appropriate licensing questionnaire. As used in this appendix, software means a specific attachmate software product named below i for which you have a license certificate as described in the agreement, or ii which is a component of a suite product for which you have a license. Attachmate is part of micro focus, a ukbased organization.
Gain control across all areas of software testing, no matter your methodology. Create and customize your free eula quickly and easily by answering a few simple questions. Professional services terms and conditions micro focus. For manufacturers, end users or maintenance providers of flight training devices, complete the simulator licensing questionnaire. The licensed software shall also include, and this license agreement shall govern the use of any update to the licensed software that licensee receives pursuant to a separate support andor maintenance purchase as described in section 6 below, unless such update contains or comes with a different end user license agreement, in which case such. For details see the software license agreement prior to download or installation. Experienced legal defense against micro focus attachmate audits. A software license agreement details how and when the software can be used, and provides any restrictions that are imposed on the software. For many years, covance and its constituent andor predecessor facilities collectively referred to in this complaint as covance have purchased numerous attachmate software licenses. When it comes to software vendor audits, most people rattle off the likes of. Subject to i acceptance of and compliance with this agreement and ii timely payment of all required payments, licensor and its suppliers grant you a nonexclusive, nontransferable license to use the software for internal business purposes in accordance with the applicable product use rights product use rights as set forth in the product use rights. The first of the two is a software license agreement the license agreement in terms of which the department acquired from attachmate 300 licenses for a suite of software known as extra.
This is typically a contractual agreement directly between the end user customer and micro focus, even where the micro focus software is provided to a customer through a distributor, reseller or other intermediary. Integrated quality management to standardize testing and fix defects. This agreement does not modify the license grant or other agreement provisions for software. Any commerciallyavailable software used in conjunction with the services must be licensed and paid for by customer under a separate agreement. Licensor name the licensor, a corporation organized and existing under the laws of the stateprovince, with its head office located at. A software license agreement is the legal contract between the licensor andor author and the purchaser of a piece of software which establishes the purchasers rights. When you purchase software licenses from attachmate. If not contrary to the terms of the agreement, the end user shall only be entitled to permanently transfer the license and all rights ensuing from this agreement to another end user with the providers consent, subject to the condition that i the original end user does not retain any copies of the software. Jun 10, 2015 the facts were that attachmate, a us company, had signed a software licence agreement authorising the department of water and environmental affairs dwe to use certain software, with the idea being that dwes employees would be able to access, via their own computers, data stored at the mainframe computer housed at the state information. Improve productivity with office productivity features such as autocomplete, autoexpand, spell. Participated in 1 software license compliance vendor audit.
Based on how attachmate interprets the licensing agreements, a large number of software units are deployed on a covance computer or computer system if a covance computer user appears capable of. Make sure you get a eula showing audit rights for each product and version the auditor wants to include in the scope. Note that access to product upgrades is blocked for all support contacts if your agreement with attachmate does not include this benefit. This agreement governs your initial purchase of atlassians. This constitutes a legal agreement agreement between you either an individual representing yourself, or a legal entity that you represent as its employee or authorized agent and attachmate corporation licensor with respect to the software, together with its included documentation, that you are receiving, accessing or installing, and that constitutes a whole or partial copy of a product named above the software. Your jurisdiction may not allow limitations on warranties or limitations on or exclusion of damages. Citrixcompatibility and attachment reflection are enhancedadded offerings a series of acquisitions beginning in the mid1990s led to the 2014 enfolding of the company as a subsidiary of the british software company micro focus. Micro focus enterprise it software professional services and solutions help you achieve better performance and business value with consulting, design, implementation, integration, education and. Infoconnect enterprise edition product guide attachmate. It can be useful to think of a software license agreement in a spectrum from an end user license agreement eula to a software development agreement. Micro focus attachmate software audit letter vondran legal.
For more information, see downloads frequently asked questions. Micro focus government solutions micro focus software as a service saas. This software licensing agreement is entered into this date, by and between. Plaintiff also included claims that defendants sales practices violated. In 2011, attachmate contacted covance and asked for a formal license verification, or audit, of covances use of attachmate software products. Borland, soforte, accurev, the attachmate group attachmate, novell, netiq. This software license agreement the agreement is made and effective date. Sample software license agreement provisions findlaw. The right to use micro focus software is granted through an end user license agreement eula. This enduser software license agreement this agreement sets forth the terms under which you, as an individual or. The upcounsel site will be shutting down on march 4, 2020. Attachmate software license agreement a copy of the attachmate software license agreement governing this product can be found in a license file in the root directory of the product.
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