Software Usage Terms

The following information lists the terms of the licence for the software that IT Services distribute under the various JISC (formerly Eduserv) and other agreements.  Many of the software products are covered by the JISC Standard Software Licence, even if they are not administered by JISC.  The JISC software agreements are also covered by the General Licence Conditions which should be read in conjunction with the Code of Conduct under User Acknowledgement of Third Party Rights.

In all cases, software is only licensed (subject to the terms below) for those that have an Oxford University card with their status given as one of the following:

  • Congregation
  • University Staff
  • Retired Staff
  • Graduate (postgraduate student)
  • Undergraduate
  • Visiting Student
  • Recognised Student
  • College Staff
  • Departmental Staff
  • Academic Visitor

If you do not have one of these cards but think you may be eligible, please see the IT Services eligibility information for how to apply for a University card.

General Software Products and Agreements

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CLP agreement

The terms of the licence for Adobe products purchased under the University CLP agreement restrict their use to that for educational purposes only, and for use on University-owned machines only.

One licence is required per PC for single use; one copy can be made for back-up purposes only.  The member of staff who is the primary user on a University-owned machine may install a copy on their home or portable PC, providing that only one copy is used at a time and both machines are running the same operating system.

The licences are owned by the University in perpetuity.  However, when a member of staff leaves the University they must remove the software from their home or portable PC.

The licence terminates if you fail to comply with the terms and conditions of the agreement, in which event the software should be removed from the computer, and the media either destroyed or returned to the IT Services.  This software is also subject to the JISC T&C (see personal or departmental copies).

VIP agreement

The terms of the licence for Adobe products purchased under the University VIP agreement restrict their use to that for educational purposes only, and for use on University-owned machines only.

The licences are subscription licences which need to be renewed on 3rd October each year.

The licence terminates if you fail to comply with the terms and conditions of the agreement, in which event the software should be removed from the computer, and the media either destroyed or returned to the IT Services.  This software is also subject to the JISC T&C (see personal or departmental copies).

The Altiris Deployment Solution software may be purchased by University Units for installation/use on any machine (Unit, staff or student-owned) which is located within the Oxford University site (10km radius of IT Services).  The software may also be used on staff laptops and palm devices which will be used off-site but it cannot be used on personal machines off-site.

The licences are perpetual.  The software may be used by any persons authorised to do so for the purposes of the normal business of the University.  Such use of Deployment Solution includes the following.

i) Teaching
ii) Research
iii) Personal educational development
iv) Administration and management of the business of the University
v) Development work associated with any of the above

This software is also subject to the JISC T&C (see departmental copies).

This software is subject to the Apple terms of use, one licence is required per PC/single use.  One copy can be made for back-up purposes only.

In order to obtain the ArcGIS software you must agree to accept the following terms and conditions:

Under the Chest Agreement, sites are not allowed to use the software for paid-for research.
For example, paid-for research includes when a student/researcher is sponsored by a company to complete research and the company then owns the research for use in their commercial business. This is not allowed. If, however, a student/researcher is sponsored by a company to complete
their PhD/project but the student owns the outcome then this is allowed.

The Chest Agreement licence allows verified members of the licensed institution (staff and students) to use the software in any overseas country with the exception of countries
embargoed by the USA. As of August 2020 this includes: Cuba, Iran, North Korea, Sudan, and Syria. Details of countries with restrictions can be found here:
https://www.esri.com/en-us/legal/export-compliance#prohibited

This software is centrally financed for members of the University.  In order to justify this in the future, the University needs to know how many licences are in use throughout the site.  Therefore, please inform IT Services if the software is also being used by any other eligible member of the University or if you increase your number of copies installed.

In order to obtain Cisco VPN software you must agree to accept the following terms and conditions.

The Cisco End-User License Agreement

This software may be installed by members of Oxford University (including academic visitors) on any computer that has access to the IT Services VPN service.

All copies of the software must be removed from computers when you leave the University, or on termination of the agreement.

End User License Agreement

Effective: July 11, 2022

Core terms for all Software and Cloud Services.

Product Specific Terms

Additional terms (if any) for specific Software and Cloud Services. 

This software may not be taken into countries in group E:1 as defined by US Export Administration Regulations

The End User License Agreement together with any applicable Product Specific Terms govern your usage rights in Software and Cloud Services.

Countries listed in part 746 of the US Export Administration Regulations

currently (according to the Cisco Export doc) applies to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions (Dec. 2023)

 Up-to-date details are found on this page

https://www.bis.doc.gov/index.php/documents/regulations-docs/420-part-746-embargoes-and-other-special-controls/file 

 

Cisco full terms are here  https://www.cisco.com/c/en/us/about/legal/global-export-trade/general-export-compliance.html  

 

 

This software is for use under the Terms and Conditions of the Corel Academic Site Licence Agreement.  In particular, the software may only be used on a University College or Department-owned machine and Home/Laptop use is restricted to University members of staff.

The media and documentation may not be copied or reproduced except to create such archival copies deemed necessary and reasonable in support of the Use of the Software.  This software is also subject to the JISC T&C (see personal or departmental copies).

The full terms for the EndNote Site Licence are listed under the JISC T&C (see personal or departmental copies). 

The EndNote software under this agreement is for installation on University-owned or operated machines only.  Licences for personal copies, for installation on any machine not owned or operated by the University, must be downloaded under the alternative scheme.

The licences are perpetual.  The software installed at the end of the agreement may continue to be used with no updates or support, but no new installations can be made after the end date.

The software may be used by any employee, student or other persons authorised to do so for the purposes of the normal business of the University, whether or not they are located on the University premises.  Such use of EndNote includes the following:

i) Teaching.
ii) Research.
iii) Personal educational development.
iv) Administration and management of the business of the University.
v) Development work associated with any of the above.

General exclusions:

i) Consultancy or services leading to commercial exploitation of EndNote.
ii) Work of significant benefit to the employer of students on an industrial placement or part-time courses.

Note: "Commercial Exploitation" is the use of Endnote for monetary gain either by the university or an authorised individual.  Where Endnote is so used this must be a matter for a written agreement between the University and ISI ResearchSoft.  In (i) & (ii) above, ISI ResearchSoft may allow such use in return for acknowledgement of the use of EndNote and/or for an agreed fee.

A full copy of the Jisc Collections terms and conditions is available at JISC T&C (see personal or departmental copies).

The full terms for the EndNote Site Licence are listed under the JISC T&C (see personal or departmental copies).

The EndNote software can be downloaded free of charge under this agreement and is for installation for personal use by staff or students but not on machines owned or operated by the University.

The licences are perpetual.  The software may be used only whilst a member of the University and must be deleted when their University Card has expired.  Personal licenses are not transferable to other individuals.  Home use of personal copies is permitted subject to the usage terms outlined in the ISI ResearchSoft product licence agreement.

Upgrades may be downloaded free of charge during the term of the agreement providing the end-user is still employed or enrolled at the University at the time the upgrade is released.  A valid University Card will be required to confirm status with the University.

The software may be used by any employee, student or other persons authorised to do so for the purposes of the normal business of the University, whether or not they are located on the University premises.

A full copy of the Jisc Collections terms and conditions is available at JISC T&C (see personal or departmental copies).

Hummingbird Connectivity Security Pack

This Hummingbird software package contains cryptographic algorithms and key management techniques, which are strictly enforced by Canadian (DFAIT, CSE) and United States (BXA) export controls, as below.

The Connectivity Security Pack, 128-bit strong encryption received from Hummingbird Ltd will only be used by Oxford University and will not be re-exported without the authorisation of the appropriate government(s).  The above-mentioned product will only be used solely for:-

  • demonstration or evaluation of Hummingbird products
  • protection of University proprietary and/or internal communications
  • provision of network/crypto services at Oxford University

In particular, the purposes to which the product will be put are:

  • to provide access via character or graphical emulation across the above organisation's LAN or WAN

The above-mentioned product will not be used for military purposes nor will it be used in any nuclear or missile proliferation activity, or in the design of chemical or biological weapons (broadly referred to as weapons of mass destruction - WMD), nor resold and/or exported to any entity involved in such activity.  This software is also subject to the JISC T&C (see personal or departmental copies).

This software may be used on any department/college network within the Oxford University site.  The software must be used for educational purposes only.  This software is also subject to the JISC T&C (see personal or departmental copies).

The LIFT for Dreamweaver software under this agreement may be installed on University-owned machines only.  Personal copies can be purchased from UsableNet at http://www.usablenet.com

The licences are perpetual.  The software may be used by any employee, student or other persons authorised to do so for the purposes of the normal business of the University.

This software is also subject to the JISC T&C.

This software can be installed by ITSS on any University-owned or leased machine within the University site and used by staff or students on those machines, however, the licence is owned by the Mathematics Department and new users will have to ask their local ITSS to discuss the purchase of seats from Maths.  The MapleSoft system software is protected by Canadian Copyright laws and is also subject to the JISC T&C.

Does the Microsoft Campus Agreement cover the University’s subsidiary companies and other affiliated institutions?

The Microsoft Campus Agreement covers the installation of software onto University-owned machines where they will be used by university employees on Masters, Chancellors and Scholars contracts.  Units not meeting this requirement will need to find alternate means of licensing devices.

For full details of the Microsoft Campus agreement details see the Microsoft Campus Agreement page

The current Microsoft Campus Agreement runs from August to August each year.  The products available under the Microsoft Campus Agreement are subject to the following Terms and Conditions of use: The copyright in all products is owned by Microsoft.  No attempt must be made to reverse-engineer, decompile or disassemble the software products.  The products must not be exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria and the Federal Republic of Yugoslavia without the consent of the US Department of Commerce.

The products must not be lent, leased or rented to people outside the Agreement.  All products are licensed by Microsoft and subject to the standard Microsoft Use Terms.

The Campus Agreement software is licensed as a single product.  If a product is made up of components, the components must not be separated by running them on different computers, by upgrading them at different times or by transferring them separately.

Licences under the Campus Agreement are not perpetual and all copies of the Campus Agreement software must be deleted if the agreement is terminated (unless the buy-out option is taken out to make all licences perpetual).

The Campus Agreement products may be installed on any University-owned, College-owned or leased computer and accessed on those machines by all departments/colleges, staff and students.  Certain Staff can obtain a copy of these products via the IT Services Shop or via the OnTheHub portal for use on their own computer under "work at home" rights.  These copies must be deleted if the staff member leaves the employment of Oxford University.  Please refer to the Microsoft Campus Agreement page for more details.

The agreement requires that records be kept of all reproduction, distribution and use of the Campus Software Products.  If any duplications are made of the CD-ROM media for departmental or college use please inform IT Services (software@it.ox.ac.uk).  Media duplication for "work at home" rights is not permitted.  The software included in the agreement is covered by full upgrade and downgrade rights.

Wolfram ID Terms and Conditions of Use

User Agreement for a Wolfram Login Service Account ("Wolfram ID")

Wolfram Research, Inc., its subsidiaries, and its affiliated companies (collectively referred to as "WRI") offer to give you a universal Wolfram ID that will facilitate access across the full spectrum of WRI web properties ("the Sites"). 

Your unique Wolfram ID will allow you to make purchases, activate software, enter community discussions, submit development projects, manage your account, and more.

By completing the registration process to obtain your Wolfram ID, you are indicating your acceptance of and agreement with these terms and conditions ("Terms"), as amended from time to time by WRI.

You also acknowledge and understand that there are unique Terms of Use associated with many of the Sites, and that it is your responsibility to read those and, should you utilize a Site, to comply with its Terms. The Terms of Use associated with any particular Site shall supersede these Terms of Use with respect to any matter concerning the use of that Site.

Further Terms can be found at http://www.wolfram.com/legal/terms/wolfram-id-terms.html

In order to obtain the Matlab Student Edition licence you must agree to accept the following terms and conditions.

The Matlab Student Edition End-User License Agreement

a) You can only install this software if you are a student currently studying at the University of Oxford

b) You agree not to disclose the licence pass codes to anybody

c) You agree only to use the licence for your course at the University of Oxford and not for any commercial use

d) You may only install this licence on computers owned or leased by you, for your own personal use

e) You will not run simultaneous program sessions on more than two separate processors, whether located in the same or different computers

f) You agree to abide by the terms of the licence agreement between MathWorks and the University of Oxford

This software is part of the Microsoft Select deal.  The licences under this agreement are only available to departments and colleges (not to students or staff for personal use on their own machine).  The licences may not be shared concurrently on different computers.  You must acquire and dedicate a licence for each separate computer on which the software product is installed or run from a server.  Concurrency is not available on Microsoft products.

For each copy of Microsoft Office Standard and Microsoft Office Professional, the primary user (who may be a member of staff but not a student user) of the computer or similar device on which a copy of the software runs may also run a second copy, during the term of this agreement (including any renewals) for work-related purposes only, from either a laptop or desktop computer that he or she owns or leases.  All such copies must be deleted from all systems when the member of staff leaves the University or when the agreement ends.

This software is subject to the standard Microsoft "Product Use Rights".

Minitab is no longer site licensed.  An individual copy can be obtained directly from sales@minitab.co.uk 02476 437500.

Cloud Collaboration

Please note that Cloud Collaboration is an optional extra run locally
NVivo Cloud Collaboration setup directly via Jisc

 

In order to obtain the NVivo software and licence key you must agree to accept the following terms and conditions.

Authorised Users are permitted to use the software off-campus on PCs owned by either the institution or themselves. The restrictions on use and distribution of the software still
apply when used in this way.

Use of Products outside the territory of the United Kingdom or Republic of Ireland by Users from Licensed Institutions temporarily working outside that territory is allowed provided the Licensed Products are only installed on the Users personally owned computers or on computers provided to them by the Licensed Institution. Users are responsible for preventing third-party use whilst they are outside the territory and for ensuring that Products are not loaded onto any other machine whilst they are outside the territory. They must also still conform to the terms, conditions and restrictions of use stipulated in this Licence.

Users making use of Products outside the territory of the United Kingdom or the Republic of Ireland may do so for a period of up to three months. Use of Products outside the territory for any longer period is not allowed, save but by specific written authorisation from QSR. Such authorisation may be by letter, fax, email or similar method of electronic communication and shall be communicated to an applicant User by QSR direct.

Overleaf software

As with all University provided software, this and all products are strictly for your use and not to be shared with non-university members.

Overleaf's Terms of Service, Acceptable Use Policy, Privacy, Cookie Policy, Security Overview and conditions for academic use of Overleaf can be found on their website at https://www.overleaf.com/legal

At the bottom of the page you may click Contact Us for more information directly from Overleaf's Customer Service.

In order to obtain the Oxygen XML software and licence you must agree to accept the following terms and conditions.

oXygen XML Editor Academic Site License Agreement - Addendum

  1. Scope 

1.1. The provisions of this Site License apply to the oXygen XML Academic Edition. In the event of a conflict between the provisions of this Addendum and the Agreement, the Addendum provisions shall apply. 

  1. Installation and use 

2.1. You may: 

a) Install the Software on any computer that is located at any of Your facilities within a 3 mile     radius around Your address (the "Site Location"). [This is effectively the area within the Oxford ring road]. All copies of the Software must be removed from each computer that is taken out of regular use at the facilities of the Site Location. 

b) Use the Software solely in non-commercial teaching and research programs. You are permitted to distribute copies of the Software to the members, staff, and students, officers, employees ("Recipients") within the licensed Site Location. Recipients may not keep or use the Software when they finish their courses or leave the Site Location. 

c) Install the Software on a personal computer used by the Recipient covered by this license at home for instructional preparation only. 

The full Oxygen XML Academic EULA is at http://www.oxygenxml.com/eula_academic_site.html

The terms of the licence for PaintShop Pro restrict its use to one licence per PC for single use; one copy can be made for back-up purposes only.  The licence continues for as long as the product continues.  Full licence terms are included in the box pack.  The licence terminates if you fail to comply with the terms and conditions of the agreement, in which event the software should be removed from the computer, and the media either destroyed or returned to the IT Services.

This software is no longer purchased centrally however previous installations are perpetual and licensed per server with unlimited client access.  The software is for use on departmental & college machines only and is subject to the JISC T&C (see departmental copies).

This software is for use on departmental & college machines only, staff may also make a copy for use on a portable PC.  This software is also subject to the JISC T&C (see personal or departmental copies).

SYSTAT SOFTWARE UK Limited

Systat Software UK Limited. (hereinafter "SSUK") and the licensee identified in the ORDER FORM (hereinafter "LICENSEE") agree as follows:

  1. Grant
    1.1 Subject to the provisions contained herein, SSUK grants to LICENSEE a non-exclusive license for the use of the copyrighted computer software product(s) specified in the ORDER FORM (hereinafter the SOFTWARE) by AUTHORIZED END-USER (as defined below) at the Site specified in the ORDER FORM. For purposes of this Agreement, "AUTHORIZED END-USER" shall mean any person who has access to the SOFTWARE and is affiliated with the LICENSEE as (i) a full-time or part-time employee, or a (ii) full-time or part-time faculty member. For purposes of this Agreement, a Site is defined as the specific geographic locality where in is situated a single organizational entity. A specific geographic locality may be a building, a building complex, an academic campus or a corporate office. SSUK reserves the right to determine whether a given locality and organizational entity shall be considered a site under SSUK policy. This section 1.1 shall not apply if this Agreement is for a single-user license of the SOFTWARE.

    1.2 If this Agreement is for a single-user license of the SOFTWARE as indicated in the ORDER FORM, then SSUK grants LICENSEE a non-exclusive right for one (1) designated individual the right to use the SOFTWARE on a home, work or portable computer as long as this individual is the only person using the SOFTWARE.

    1.3 SSUK will ship one (1) copy of the SOFTWARE specified in the ORDER FORM to LICENSEE within fifteen (15) days of the effective date of this Agreement.

    1.4 SSUK grants LICENSEE a nontransferable, nonexclusive license to make the number copies of the SOFTWARE set forth in the ORDER FORM for use on computers owned and controlled by LICENSEE, provided that each such copy shall remain subject to all terms of this Agreement, and shall include the copyright notice and any other proprietary notice set forth in the media. This notice must appear externally on any distribution medium and internally in machine-readable form. LICENSEE further agrees to complete the customization process described in the documentation before making any copies of the SOFTWARE, and that all copies made will specify the site license name as shown in the ORDER FORM.

    1.5 SSUK will ship one (1) copy of the printed manual with the SOFTWARE. No permission is given to reproduce the manual, which is only available from SSUK or its authorized distributor.

    1.6 LICENSEE may from time to time order additional copies of the SOFTWARE or other copyrighted software products from SSUK pursuant to this Agreement, and if such orders are accepted in writing by SSUK, these products shall be considered to be included in the definition of SOFTWARE. LICENSEE may submit subsequent orders for other products SSUK make available under this Agreement and if such orders are accepted in writing by SSUK, these products shall be included in the definition of SOFTWARE.

    1.7 SSUK retains all title, ownership and copyrights to the SOFTWARE, including the media upon which the SOFTWARE is provided and all copies duplicated by LICENSEE under this Agreement.
     

  2. Maintenance

    2.1 For so long as this agreement is in effect, SSUK shall provide maintenance beginning the date LICENSEE receives the SOFTWARE.

    2.2 Maintenance, as used in this Section 2, includes enhancements, upgrades and improvements to the SOFTWARE, when and if developed, and reasonable efforts to correct errors or deficiencies in the SOFTWARE. Maintenance further includes reasonable technical assistance via the telephone to Licensee's designated support representative. LICENSEE agrees that the determination of the extent of technical support required shall rest exclusively with SSUK and that SSUK is not required to correct every error or problem LICENSEE may have with the SOFTWARE.

    2.3 Maintenance will be provided only for the latest release of Licensee's version of the SOFTWARE, and may, but need not be provided if LICENSEE has modified the SOFTWARE or if a maintenance payment is past due.

    2.4 LICENSEE shall have the sole and exclusive responsibility to provide technical support to any AUTHORIZED END-USER.
     

  3. Payments
    3.1 LICENSEE agrees to pay SSUK the LICENSEE FEE specified in the ORDER FORM within thirty (30) days of the date set forth on the SSUK invoice.

    3.2 If LICENSEE orders and SSUK accepts a subsequent order per Section 1.7, then LICENSEE agrees to pay the applicable fee within thirty (30) days of the date set forth on the SSUK invoice.

    3.3 If this Agreement is renewed, LICENSEE agrees to pay SSUK the renewal fee applicable at the time of renewal on or before the anniversary date of each one (1) year renewal term.

    3.4 SSUK agrees to publish current price lists from time to time and to make reasonable efforts to send notice of the approaching payments due and the applicable fee approximately sixty (60) days in advance. If LICENSEE requires a purchase order before payment can be made, LICENSEE agrees to issue such purchase order no less than thirty (30) days prior to the due date.

    3.5 All payments are exclusive of any tariffs, duties or taxes imposed or levied by any government or governmental agency. LICENSEE shall be liable for payment of all such taxes, however designated, levied or based on Licensee's possession or use of the SOFTWARE or on this Agreement, including without limitation, state or local sales, use, value-added and personal property tax, but excluding any tax on the net income of SSUK.

    3.6 Any payment required hereunder that is made late (including unpaid portions if incomplete payment) shall bear interest at the rate of one percent (1%) per month. The parties also agree as follows: (a) My payment received more than thirty (30) days after becoming due shall be deemed "late" for purposes of this paragraph; and (b) My interest charged or paid in excess of the maximum rate permitted by applicable law shall be deemed the result of a mistake and shall be credited or refunded (at SSUK' option) to LICENSEE.
     

  4. Restricted Use

    4.1 LICENSEE shall use the SOFTWARE under this Agreement only on computers which are; 1) owned or leased by LICENSEE and 2) controlled by LICENSEE. The number of AUTHORIZED END-USERS of the SOFTWARE shall not exceed the number of copies of SOFTWARE specified in the ORDER FORM (which number may be modified in the future, by mutual agreement between the parties). If the SOFTWARE is installed on a server or network, each AUTHORIZED END-USER who can access the SOFTWARE is considered to be using a copy of the SOFTWARE. All computers must be situated in the single location specified in the ORDER FORM, except that home use by full-time employees is permitted. This Section 4.1 shall not apply if this Agreement is for a single-user license of the SOFTWARE.

    4.2 LICENSEE agrees to use the SOFTWARE only as indicated hereunder and not for commercial timesharing, rental, or service bureau use

    4.3 LICENSEE agrees not to create, or attempt to create, or permit to help others to create, the source code from the SOFTWARE furnished pursuant to this Agreement.
    LICENSEE agrees that it will not reverse engineer or decompile the SOFTWARE, except as permitted by statutory law.

    4.4 LICENSEE shall maintain records of each copy it makes of the SOFTWARE, which shall include at a minimum the AUTHORIZED END-USER, telephone number, room location and mailing address to denote the precise location of each computer for which a copy is made. This section 4.4 shall not apply if this agreement is for a single-user license of the SOFTWARE.

    4.5 LICENSEE shall warn and advise each AUTHORIZED END-USER that receives a copy of the SOFTWARE that 1) the user is not permitted to copy the SOFTWARE, 2) the SOFTWARE cannot be transferred except as permitted herein and 3) LICENSEE must at all times have positive knowledge of the precise location of each copy of the SOFTWARE. This section 4.5 shall not apply if this agreement is for a single-user license of the SOFTWARE.
     

  5. Term and Termination

    5.1 This Agreement shall become effective upon signing by - LICENSEE and SSUK, and shall run for a period of one (1) year from the effective date of this Agreement, which day shall be the Anniversary date. The term of this Agreement automatically renews for one (1) year terms from the anniversary date unless LICENSEE or SSUK provides written notice of non renewal of the entire Agreement at least forty-five (45) days prior to the anniversary.

    5.2 SSUK may terminate this Agreement upon written notice if LICENSEE violates any of the provisions of this Agreement and fails to correct the violation within thirty (30) days following a written notice specifying the breach.

    5.3 Upon termination or non renewal of this Agreement, there shall be no refund of any payments, and LICENSEE shall pay promptly any fees which may be due.

    5.4 Upon termination or non renewal of this Agreement, LICENSEE shall return to SSUK all media received under this Agreement and shall destroy all copies, including partial copies, of the SOFTWARE. LICENSEE shall instruct all users for whom copies have been made under this Agreement that they are obliged to destroy at once any and all copies in their possession, and shall require each user to submit written confirmation that the instructions have been followed. LICENSEE shall then promptly forward written notice to SSUK that all programs and materials containing the SOFTWARE have been destroyed or deleted from all computer libraries and storage and memory devices, and are no longer in use or usable by LICENSEE.

  6. Limited Warranties

    6.1 SSUK warrants that it has the right to grant this license.

    6.2 The media on which the SOFTWARE is furnished are warranted to be free of defects in workmanship and material under normal use for a period of sixty (60) days from the date of shipment by SSUK. The sole responsibility of SSUK and Licensee's exclusive remedy under this warranty will be to receive a replacement of the media, or a full refund if SSUK is unable to deliver media free from defects in workmanship and materials.

    6.3 LICENSEE and LICENSEE alone is responsible for determining which SOFTWARE meets its particular needs, for installing the SOFTWARE, and for the results obtained. THIS SOFTWARE IS LICENSED "AS IS" WITHOUT WARRANTY AS TO ITS PERFORMANCE, EXCEPT FOR THE DISKETTE WARRANTY PROVIDED ABOVE. THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL SSUK BE RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, EVEN IF SSUK HAD BEEN ADVISED OF THE POSSUKBILITY OF SUCH DAMAGE. EXCEPT AS SET FORTH IN SECTION 6.4, SSUK MAXIMUM LIABILITY ARISING OUT OF, OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID HEREUNDER AS SET FORTH IN THE ORDER FORM BELOW.

    6.4 SSUK agrees to defend, or settle at its option, any action against LICENSEE arising from a claim that the SOFTWARE infringes any US or European third party patent or any copyright or trademark provided that; i) SSUK is promptly notified of such action and is given control over the defense or settlement thereof; ii) the SOFTWARE has not been modified by LICENSEE; and iii) the charge of infringement has not arisen from the use of the SOFTWARE in combination with other hardware or SOFTWARE components where it is the combination which is charged to infringe. SSUK shall, at its option and expense, secure for LICENSEE the right to continue using the SOFTWARE, or replace or modify the SOFTWARE so that it becomes no infringing, or grant LICENSEE a credit minus a reasonable depreciation for the use of the SOFTWARE, but in no event shall such credit be greater than the LICENSEE fee paid hereunder.
     

  7. General Provisions

    7.1 LICENSEE agrees that this Agreement and the SOFTWARE may not be assigned, sublicensed or transferred without the prior written consent of SSUK, which consent may be withheld in the sole discretion of SSUK.

    7.2 LICENSEE grants SSUK the right to audit the books and records of LICENSEE regarding the use of the SOFTWARE and the copies made, including the right to reserve a list showing each copy's custodian and precise location upon written notice of five (5) days, and to physically conduct such an audit.

    7.3 SSUK shall not be liable for delays or nonperformance of this Agreement occasioned by strikes, fires, accidents or other causes beyond the control of SSUK.

    7.4 This Agreement supersedes all prior agreements, proposals, representations and communications between the parties relating to the subject matter herein. This Agreement shall also prevail over any purchase order submitted for the SOFTWARE.

    7.5 The headings for each section are stated for convenience only and are not to be construed as limiting.

    7.6 If a part of this Agreement is held unenforceable or invalid or prohibited under law, it shall be struck from this Agreement and shall not affect the enforceability of the other parts of this Agreement

    7.7 This agreement will be governed by the laws of the state of Delaware or other jurisdiction as may be applicable

The Sophos software is subject to the JISC T&C (see personal or departmental copies).

The terms of SPSS rental are specified as below

SPSS Rental Terms

The SSH Secure Shell software is available under a special Education Site Licence deal from SSH Communication Security Corp.  The software can be installed on any University-owned machine and is for non-commercial or charitable purposes only.  Personal copies on home machines are also allowed for members of the University for recreational and hobby purposes.

You may make a single copy of the software for back-up purposes, provided such copy contains all of the original Software's copyright, trademark and other proprietary notices and marks.

This software is also subject to the JISC T&C (see personal or departmental copies).

The ZENworks Desktop software is for purchase by Units for installation on any machine (Unit, staff or student) within the University site.  It can also be used on home/personal machines by staff or students if they are connecting to the University network.

The cost for a Unit is based on the total number of users in the NDS tree for that Unit.  There is an initial joining fee for the licence and then a yearly maintenance charge which will be made in August each year, starting in August 2004.  You will automatically be invoiced for the maintenance charge once you have signed up to the agreement and 3 months notice of withdrawal from the scheme will be required.  The first two maintenance payments are compulsory.

This software is also subject to the JISC T&C (see personal or departmental copies).


JISC (formerly Eduserv) software

The following software products are distributed under Eduserv administered/negotiated agreements and subject to the JISC

  • ARC/INFO (Personal licences are not available under this agreement.  This software may not be used outside the UK unless prior written permission has been given by ESRI)
  • ArcGIS 
  • ERDAS (Department and College machines only)
  • NVivo (This software may be used outside the territory of the United Kingdom and the Republic of Ireland for a period of up to three months.  Any longer period is not allowed, save but by specific written authorisation from QSR)
  • SAS (This software is for UK use only and no longer site-licensed; at the time of this writing a licence is held by in Medical Sciences for their staff).

Specifically:

  • Personal Use

If the software was bought for personal use, all copies of the software must be removed from computers, and the media either destroyed or returned to the IT Services, when you leave the University or on termination of the agreement.

  • Departmental Use

If the software was bought for use by a University College or Department, all copies must be removed from computers, and the media either destroyed or returned to the IT Services, in the event of that body ceasing to exist or on termination of the agreement.

 

User Acknowledgement of Third Party Rights

I confirm that whenever I use any “Products” made available to me by my “Organisation”, I accept and will follow the conditions set out below.  I understand that “Products” means 'software' and/or on-line resources and that “Organisation” means the University, college or organisation that I am a member of, or that I am employed by or contracted to.

  1. I will adhere to any rules which are brought to my attention concerning the use of the Products.  I understand that these rules may be put in place by my Organisation, or by the owner or licensor of the Products or by some other party who provides services relating to the use of the Products.
  2. I will only use the Products in connection with the role I have in my Organisation which may involve teaching, studying or research, administration or management.
  3. I will not use the Products for any private or commercial purpose including any direct or indirect monetary reward, profit, fee, or income generation; nor will I sell, resell, loan, transfer, lease, rent or hire the Products.
  4. I understand that I may incorporate extracts from the Products in my own work or articles so long as:
  • my work or article relates to non-commercial research, private study, review or criticism, and
  • I do not extract a greater proportion of the Product that is necessary and that the extract(s) will not be “substantial”, under copyright legislation “substantial” means in terms of quantity or quality, and
  • wherever possible I include a sufficient acknowledgement of the source of each extract.
  • If I have any questions about the material I may extract and reproduce, I will refer to my Organisation’s librarian or IT support before I go ahead.
  1. I will not attempt to by-pass any security measures put in place by any party concerning access to or use of the Products or the systems that support such access and use.  I will keep passwords and any other log-on or account details safe and not disclose them to any other person or party.
  2. I will not copy or download any Products except for specific Products where my librarian or IT support tells me that I am entitled to do so.  In such cases, I will ensure that no other person or party uses my copies or downloads and that no other person or party makes any further copies themselves.  I understand that these User Acknowledgement of Third Party Rights conditions apply to all copies and downloads.
  3. I will not remove any ownership, copyright or similar notices from any Product nor from any copies or downloads that I am entitled to make.
  4. I will not attempt to alter any Products for example by disassembling or decompiling software code or otherwise, nor will I attempt to replicate or re-create any Products for example by reverse engineering.
  5. At the end of my studies, employment or association with my Organisation, I will not attempt to use or access the Products and will destroy all copies and downloads that I have made.  I understand that this does not apply to extracts from the Products that comply with paragraph 4 above.
  6. If I breach these conditions I understand that my Organisation, the owners or licensors of the Products and others may be entitled to take disciplinary or legal action against me.
  7. If I have any queries about my use of the Products or about any use I would like to make of the Products, I will ask my librarian or IT System Services.  I understand that the librarian or IT support will be able to advise me, or get me advice, on the legal terms and conditions of the contracts or licences applicable to specific Products and also concerning copyright or other relevant legislation.
  8. I confirm that I by downloading site-licensed software from the University of Oxford I am agreeing to the Code of Conduct outlined in the above document.  At the point of downloading software you will be presented with the option to 'Accept' the terms and conditions use policy before installing software purchase by the University for your academic work.


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