Download Netescape Limited: 15 Buckingham Road, Shoreham-by

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Netescape Limited: 15 Buckingham Road, Shoreham-by-Sea, West Sussex BN43 5UA
1. Title
Title and all rights relating to all authored scripting, software elements, specially written software and application
software supplied by Netescape Limited shall remain vested in Netescape Limited.
Authored scripts, software elements, specially written software and application software are supplied pursuant to a nontransferable, non-exclusive licence or such licence as may be provided by Netescape Limited for execution by the
Client.
Title and all rights relating to supplied elements shall remain vested in the Client.
Authored scripting, software and supplied elements are defined below along with associated rights and restrictions that
apply:
1. Supplied Images.
Supplied logos, supplied photography, supplied graphic design elements remain the sole copyright of the client.
2. Created Images
Graphic design elements created from scratch by Netescape Limited or by using elements of supplied imagery may be
freely re-distributed where there is no financial gain unless express permission is obtained from Netescape Limited prior
to work commencing.
3. Content
All copy where supplied to Netescape Limited by the client remains the sole copyright of the client.
4. HTML
The form of HTML code defining all aspects of the layout of pages. The client has the right to add to, modify, delete and
update the HTML code as they see fit but Netescape will waiver any responsibility for the look and correct functioning of
the pages if this is the case. A copy of all HTML code will be supplied to the client if required.
5. Client Side Scripting
All client side scripting elements authored by Netescape Limited including, but not limited to, all Javascript and Dynamic
HTML (DHTML).
The client has the right to add to, modify, delete and update all client side scripting elements as they see fit but in doing
so remove from Netescape Limited any responsibility for the correct functioning of such elements or any other
dependant system elements.
The client does not have the right to reproduce or distribute, either freely or for financial gain, any client side scripting
authored by Netescape Limited, except within the original Client organisation. If this is a requirement express
permission must be obtained from Netescape Limited prior to work commencing.
Netescape Limited retain the right to reuse the same form of scripting/code in other projects.
6. Server Side Scripting & Programming
All server side scripting & programming authored by Netescape Limited including, but not limited to, all Active Server
Pages, CGI scripts, SQL procedures, novel application logic.
The client has the right to add to, modify, delete and update all server side scripting and programming elements as they
see fit but in doing so remove from Netescape Limited any responsibility for the correct functioning of such elements or
any other dependant system elements.
The client does not have the right to reproduce or distribute, either freely or for financial gain, any server side scripting
or programming code authored by Netescape Limited, except within the original Client organisation. If this is a
requirement express permission must be obtained from Netescape Limited prior to work commencing. Netescape
Limited retain the right to reuse the same form of scripting/code in other projects.
7. Database Design
Design of database structure including all table and field definitions, associated data types, and explicit relationship
definitions.
The client has the right to add to, modify, delete and update all aspects of database design as they see fit but in doing
so remove from Netescape Limited any responsibility for the correct functioning of such elements or any other
dependant system elements.
The client has the right to reproduce the database structure with the exception of such elements outlined in section 9.
8. Database Content
All record information contained in any database tables associated with the project remain the sole property of the client.
The client has the right to add, delete, modify, and reproduce any and all information contained in any database tables
associated with the project.
9. Database Stored Procedures
Form of SQL (Structured Query Language) coded stored procedures for database input and output authored by
Netescape Limited.
15 Buckingham Road, Shoreham-by-Sea, West Sussex BN43 5UA. Tel: 01273 440999
E-mail: [email protected]
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The client does not have the right to reproduce or distribute, either freely or for financial gain, all or any SQL stored
procedures authored by Netescape Limited, except within the original Client organisation. If this is a requirement
express permission must be obtained from Netescape Limited prior to work commencing.
Netescape Limited retain the right to reuse the same stored procedures in other projects.
10. Programmed Applet Code
All applet code authored by Netescape Limited both the byte code and underlying source code.
The client does not have the right to reproduce or distribute, either freely or for financial gain, any applet code authored
by Netescape Limited, except within the original Client organisation. If this is a requirement express permission must be
obtained from Netescape Limited prior to work commencing.
Netescape Limited retain the right to reuse the same form of code in other projects.
2. Warranties
Netescape warrants that any Products provided shall operate in accordance with any specifications and/or descriptions
applied to Netescape Limited by the Client.
Netescape Limited warrants that Services shall be provided with reasonable care and skill by appropriately qualified and
experienced individuals.
Netescape Limited do not accept liability for any special, incidental, indirect or consequential damages arising from the
use of any supplied products.
3. Confidentiality
Any Order and the subject matter thereof shall be treated as confidential between the parties and shall not be disclosed
or publicised to any third party for any reason without prior written consent.
4. Termination
Termination of agreement by either party may take place with immediate effect on written notice if the other party:Is in breach of any of its material obligations under these terms and conditions, which breach it is capable of
remedy, has continued un-remedied for a period of 14 working days after the other party has served written
notice; or
Shall have a trustee, receiver or an administrative receiver appointed over it or over any part of its undertaking
or assets or shall pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of
solvent amalgamation takeover or reconstruction) or shall enter into any voluntary agreement with its creditors
or shall become bankrupt or file for voluntary bankruptcy or an administration order is made in relation to such
party or any analogous situation to any of the above under the law of any jurisdiction occurs in relation to it.
On 3 months written notice to the other.
5. Hosting
If Netescape Limited carry out the part of host to their clients web presence, access to HTML form of code and
associated client side scripted pages will be allowed where there is no threat to security.
Access to ‘back end’ software solutions will remain vested in Netescape Limited and access will be restricted unless
express permission has been agreed.
FTP (File Transport Protocol) access is not available on the managed service unless express permission has been
agreed.
6. Support
A 30 day ‘period of grace’ will be provided for the purposes of testing. Any errors reported will be amended without
further charge. The 30 day ‘period of grace’ commences on the day the site is approved to go live.
Support and management is provided as per the scope detailed in the Service Level Agreement and subject to the
conditions contained therein. Where no Service Level Agreement exists all support, management and maintenance after
the ‘period of grace’ is the sole responsibility of the client.
7. Licence
A licence for use of scripts and software developed by Netescape is provided to the client as part of the service
agreement. Upon termination of the service agreement by either party the licence will expire and the client or any other
third party will be contractually obliged to cease usage of the scripts and software.
8. Software Upgrades
If it is identified that the solution to a support issue is to upgrade or patch the software whether it be a server or client
device, any costs to apply the upgrade or patch incurred e.g. Netescape resource will be charged to the client. This
applies if either requested by the client or recommended by Netescape.
Likewise if Netescape determine that to maintain the integrity of the web site environment e.g. patches to eliminate
security vulnerabilities or to ensure continued support from the relevant software manufacturer all costs to implement
the upgrades will be charged to the client.
15 Buckingham Road, Shoreham-by-Sea, West Sussex BN43 5UA. Tel: 01273 440999
E-mail: [email protected]