This Freeware Software License Agreement applies to the CohTrack software, hereinafter referred to as the “Software”, available for download from this website and constitutes a legal agreement between the person or entity downloading the Software, hereinafter referred to as “Licensee”, and Université de Liège, hereinafter referred to as “ULiège”. By downloading, installing and otherwise using the Software, Licensee is automatically agreeing to and show that he has read and understood the terms and conditions contained within this Freeware Software License Agreement.
1. BACKGROUND
The Software was developed by Q. Glaude in the Signal Processing Laboratory, laboratory of A. Orban of the Centre Spatial de Liège (CSL), STAR Institute, University of Liège.
2. LICENSE GRANT
Subject to the terms and conditions of this Agreement, ULiège grants Licensee a limited, personal, non-exclusive, non-transferrable and non-sublicensable license to use the Software including for providing consulting services to its own clients. All rights not expressly granted by this agreement are expressly reserved by ULiège.
3. SOFTWARE DELIVERY - SUPPORT SERVICE
Licensee shall obtain the Software by downloading it freely from a web server.
ULiège is under no obligation to provide Licensee with any kind of support services to address issues arising in connection with Licensee’s use and of the Software. If requested by Licensee and accepted by ULiège, ULiège shall provide such support on terms and conditions as may be determined by ULiège, including price.
4. FINANCIAL COMPENSATION
The license is granted free of charge.
5. ACKNOWLEDGEMENT
All written communication of results obtained using the Software shall display the following acknowledgement: “Results obtained using CohTrack software developed by Q. Glaude at the Centre Spatial de Liège (CSL), STAR Institute, University of Liège” or other wording to be agreed.
6. WARRANTY DISCLAIMER – NO LIABILITY
The Software is provided on an “as is with all defects” basis without warranty of any kind, either expressed or implied, including without limitation any warranties of merchantability, fitness for a particular purpose or that the use of the Software and exercise of the license rights hereunder will not infringe any intellectual property rights. ULiège does not warrant that the Software will meet Licensee’s requirements or that the Software will operate uninterrupted or error-free. Licensee is solely responsible for determining the appropriateness of using the Software and assumes all risks with its exercise of rights under this Agreement.
The Software is provided free of charge and was created in the course of academic research and not as a commercial product. Licensee acknowledges and agrees therefore that in no event will ULiège be liable for any kind of damages whatsoever which may arise in connection with Licensee’s use of the Software and exercise of its rights hereunder (including without limitation loss of data, loss of profits or claims from third parties on whatever legal grounds including copyright infringement) arising out of or related to the use of the Software. By using the Software and exercising its licensed rights hereunder, Licensee expressly agrees to assume all responsibility for any and all such use and exercise and ULiège shall not be liable in any manner whatsoever for any damages however caused and regardless of the theory of liability in connection with such use and exercise.
7. INDEMNIFICATION
Licensee agrees to indemnify and hold ULiège harmless from any and all liability, damage, loss or expense that may be incurred by ULiège in connection with any claim, suit, demand, action or judgement arising out of the use by Licensee of the Software.
8. TERMS AND TERMINATION
This Agreement shall be effective as of the date of Licensee’s downloading the Software. ULiège may immediately terminate this agreement in case Licensee is in breach of any provision of this Agreement.
Upon termination of this Agreement, Licensee shall cease all use of the Software and Documentation and shall, at the ULiège’s option, return or destroy any copies of the Software and Documentation in its possession.
9. GOVERNING LAW
This Agreement shall be governed by, and construed in accordance with, the laws of Belgium without giving effect to any choice of law principle that would require the application of the laws of a different country. The Parties agree that in the event of a dispute arising from, or in any way related to this Agreement, they shall undertake good faith efforts to resolve the matter amicably. Any dispute that cannot be settled amicably by negotiation between the parties shall be exclusively referred to Liège Courts, Belgium.
