Dimension Data does not own any Third Party Software provided by Vision Solutions (“Vision Software”) and the use of Vision Software is governed by certain rights and limitations of which Dimension Data must inform you. Accordingly, Client’s use of any Vision Software in connection with any Dimension Data Offering or Service is subject to and conditioned on Client’s (including without limitation Client’s Administrator’s and Sub-Administrators’) acknowledgement of and compliance with the following terms and conditions:
1. CAPITALISED TERMS. Capitalized terms used but not defined herein have the meanings set forth in the applicable Terms.
2. USE RIGHTS. You may only use the Vision Software for your own internal purpose and business operations, and all such use must be in accordance with the instructions, and only in connection with the Services, provided to you by Dimension Data. Without limiting the foregoing, you may not rent, lend, pledge or directly transfer or distribute the Vision Software to any third party, and may not permit any third party to have access to and/or use the functionality of the Vision Software except for the sole purpose of accessing the functionality of the Vision Software in the form of a software service in accordance with the terms and conditions of the applicable Terms and these Third Party Software Terms.
3. OWNERSHIP. All trademarks (registered or unregistered), logos, service marks, patents, copyrights, trade secrets, and other proprietary rights in or related to the Vision Software are and will remain the exclusive property of Vision Solutions or its licensors, whether or not specifically recognized or perfected under applicable law. You will not take any action that jeopardizes Vision Solutions’ or its licensors' proprietary rights or acquire any right in the Vision Software, except for the limited right to use the Vision Software in connection with the Dimension Data Services, as authorized in the Terms. Vision Solutions or its licensors will own all rights in any copy, translation, modification, adaptation or derivation of the Vision Software, including any improvement or development thereof. At Vision Solutions’ request, you will obtain the execution of any instrument that may be appropriate to assign these rights to Vision Solutions or its designee or perfect these rights in Vision Solutions’ or its designee’s name.
4. LIMITATIONS ON COPYING, REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may make a reasonable number of back-up archival copies of the Vision Software, provided that you will reproduce all confidentiality and proprietary notices on each of these copies and maintain an accurate record of the number and location of each copy. You may not otherwise copy, translate, modify, adapt, decompile, disassemble, or reverse engineer the Vision Software, except as and to the extent specifically authorized by applicable law. Additionally, you shall not attempt, directly or indirectly, to discover, disclose, use or transfer any source code or source code documentation or other information contained in the Vision Software. Nothing in this Agreement will entitle you to receive the source code of the Vision Software, in whole or in part. In addition to the foregoing, you shall not attempt to or actually modify any features or functionality of the Vision Software. Moreover, you shall attempt to circumvent or otherwise evade any monitoring or reporting features used by the Vision Software to validate you use of the Vision Software.
5. RESTRICTED RIGHTS. The Vision Software is provided to non-DOD agencies with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication or disclosure by the government is subject to the restrictions as set forth in subparagraph “C” of the Commercial Computer Software – Restricted Rights clause at FAR 52.227-19. In the event that the sale is to a DOD agency, the governments’ rights in the Vision Software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202, or their equivalent, as applicable. Manufacturer is Vision Solutions, Inc., 15300 Barranca Parkway, Irvine, California 92618.
6. OPEN SOURCE.
6.1. Open Source Components (“OSC”). The Vision Software may use several OSC. All of the end user license agreements for OSC contained in the Vision Software are listed in the NOTICE text within the Vision Software. If you want to review the OSC list prior to accepting these Third Party Software Terms, you may email your request to email@example.com. The OSC shall not be subject to the remaining terms of these Third Party Software Terms but are governed by their respective end user license agreements. Additionally, the end user license agreements associated with any OSC used in the Vision Software shall not apply, in whole or part, to the remaining Vision Software. While an OSC’s end user license agreement may allow you to receive its source code, in no event, and under no circumstances shall you have any right to, access to or obtain the source code or any of its documentation for the remaining Vision Software. OSC ARE PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF A COMPONENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
6.2 Open Source Programs. The Vision Software may contain certain software licensed under the following license: GNU General Public License (“GPL”) or Lesser GNU General Public License (“Open Source Programs”). These Open Source Programs are licensed pursuant to an end user license agreement that may permit you to copy, modify, and redistribute the Open Source Programs, in both source code and binary code forms. These end user license agreements can be located at: http://www.gnu.org/licenses/. Nothing in these Third Party Software Terms limits your rights under, or grants you rights that supersede, the terms of any applicable Open Source Programs’ end user license agreement.
7. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VISION SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR PARTICULAR PURPOSE.
8. NO LIABILITIES OR REMEDIES BY VISION SOLUTIONS. WITH RESPECT TO YOUR USAGE OF THE VISION SOFTWARE AS A COMPONENT OF A DIMENSION DATA SERVICE, ANY AVAILABLE REMEDIES AND LIABILITY FOR DAMAGES, IF ANY, ARE PROVIDED SOLELY BY DIMENSION DATA SUBJECT TO THE TERMS AND CONDITIONS OF THE TERMS, AND NOT BY VISION SOLUTIONS, ITS SUPPLIERS OR LICENSORS.
9. CONFIDENTIALITY. All Vision Software and associate code, materials and documentation shall be consider Confidential Information under the Terms and shall be afforded the protections specified therein. Without limitation to any other obligations contained in the Terms, you will not allow the removal or defacement of any confidentiality or proprietary notice placed on the Vision Software or any other Confidential Information belonging to Vision Solutions. The placement of copyright notices on these items will not constitute publication or otherwise impair their confidential nature.
10. U.S. EXPORT RESTRICTIONS. None of the Vision Software or underlying information or technology may be downloaded, exported, or re-exported into any country to which the United States ("U.S.") has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Vision Software, You agree to the foregoing and represent and warrant that you are not a national or resident of, or located in or under the control of, any country subject to such export controls.
Last changed 28 March 2016