WEDELMUSIC WEDEL Tool Kit
ver.4.xx

Adoption AGREEMENT

Version:2.0 -- July/2001

Wedelmusic@dsi.unifi.it

Fax: +39-055-4796363 (Prof. P. Nesi)

This WEDELMUSIC WEDEL Tool Kit adoption agreement is between the WEDELMUSIC consortium and the company/person/institution identified by the details reported at the end of this agreement and called in the rest of the document the receiving party.

This WEDELMUSIC WEDEL Tool Kit, WTK, agreement includes a list of duties and rules that have to be respected by the receiving party of the WTK. This agreement has to be singed for receiving and using the current version of the WTK. The WTK can be used for building WEDELMUSIC compliant applications. A simpler agreement called Registration Form -- WEDELMUSIC Agreement is available for those that intend to use only tools such as the WEDEL Editor, The WEDELMUSIC Editor, etc. and for registering the WTK. That agreement includes the use of WEDEL Editor, WEDEL Music Editors, WEDEL Fret Editor, WEDEL Audio Player. Both the agreement have to be renovated to receive each new version of the WTK/tools that will include more functionalities. The adoption of tools such as WEDEMUSIC Server, WEDELMUSIC Local Distributor, Music Analyser, Music Editor for VIP is not included in this agreement. Specific registration forms and agreements have to be requested for that tools.

With this agreement the receiving party certifies that:

  1. All the information and tools provided by the WEDELMUSIC consortium, and by officers or representatives of its members, hereinafter called WEDELMUSIC, will be held confidential and used exclusively according to the restriction of this agreement.
  2. All the information and tools provided by the WEDELMUSIC cannot be distributed from the receiving party to other parties without the written permission of WEDELMUSIC. In affirmative case the new party will have to sign an agreement similar to this or the simpler version called WEDELMUSIC agreement if they intend only to use WEDELMUSIC tools or WEDELMUSIC compliant tools developed and distributed by the receiving party. The signing of the WEDELMUSIC agreement for WEDELMUSIC tools or derived tools is mandatory and included in the WEDELMUSIC registration process described in the rest of this document
  3. For Information we intend all information and documents obtained by the receiving party from or disclosed by WEDELMUSIC, which relates to the WEDELMUSIC project past, present and future research, development and business activities and the results from such work, except such information as is previously known to the receiving party or is publicly disclosed without breach of an obligation to WEDELMUSIC, either prior or subsequent to the receiving party’s receipt of such information.
  4. For tools we intend all the provided software tools comprised of executable programs, WTK, documentation, help files, font files, tables, symbol database, source examples, etc., that are delivered from WEDELMUSIC to the receiving party for demonstration, explanation or for development. For tools we also intend the WEDELMUSIC compliant applications that can be built from the receiving party by using the WTK. These may also be available via WEDELMUSIC.
  5. The receiving party shall not disclose by publication of otherwise to any person any such confidential information nor use it for its own benefit. Any publication based on WEDELMUSIC compliant tools and or development has to be sent to the WEDELMUSIC to get the authorisation. This means that WEDELMUSIC verifies if private information is included and if WEDELMUSIC has been property mentioned. Providing that these conditions are respected the authorisation cannot be refused. If the receiving party does not receive any email message after 15 days of the reception of the publication request from the WEDELMUSIC, the authorisation can be considered granted.
  6. At any time upon request of WEDELMUSIC, the receiving party shall return to WEDELMUSIC all written or descriptive matter including, but not limited to drawings, blueprints, descriptions or other papers or documents which contain any such confidential information of WEDELMUSIC together with all copies thereof. This can be contracted/amended with WEDELMUSIC on the basis points 8 of 9.
  7. WEDELMUSIC declines any responsibility about eventual loss/damages to people or to objects due to the adoption of the provided tools or information.
  8. The receiving party may use the WEDELMUSIC tools for no-profit research purpose without any restriction for limited time duration imposed during the registration.
  9. The receiving party may use the tools provided by WEDELMUSIC and the WTK in profit based projects. In this case, the receiving party has to recognise to WEDELMUSIC a corresponding registration fee for compensating the Information Property Right, IPR. The fee is fixed for each installation of the WTK and for each installation of the WEDELMUSIC compliant applications produced. These applications has a fixed but small costs for each computer.
  10. Possible extensions to WTK can be requested and committed to WEDELMUSIC. Their costs, if any, and delivering time has to be contracted with WEDELMUSIC.
  11. The involvement of WEDELMUSIC in specific projects in which specific WEDELMUSIC compliant applications are built is possible and has to be contracted with WEDELMUSIC.
  12. The registration fee can be paid in terms of contributions to the WEDELMUSIC project. This means that interesting contributions delivered free of IPR to WEDELMUSIC can be used to acquire free registrations. Typical contributions are loader from different formats and savers to other formats.
  13. The registration of WTK as well of each tool has a limited time of exploitation. This can be requested by the receiving party according to its needs with this agreement. If a demo version is requested only 60 days of adoption are provided and the tools present some limitations.
  14. The core of the WTK is delivered in OBJ or DLL code. The code cannot be unassembled.
  15. The WTK includes a serial number and has to be registered such as all WEDELMUSIC tools. The serial number cannot be modified. The installation is fixed to a unique computer and cannot be moved. The receiving party can require more registrations.
  16. The delivered WTK can be used only by personnel employed by the receiving party that has signed the agreement.
  17. The WTK can be used for implementing WEDELMUSIC compliant applications. Each installation of the application has to be registered to WEDELMUSIC consortium. Non registered applications are not authorized and can be legally persecuted. They will be not capable of loading music in protected format. During the registration the WEDELMUSIC provides a key to enable to cope with protected objects.
  18. The adoption of the WTK to build applications that are capable of reading protected files and producing files containing description of music features coming from the WEDELMUSIC Object Oriented model of music. The production of ASCII, Binary or Encrypted files by using WTK code is not allowed when the read files are protected. For the same reasons the generation of temporary or hidden or in RAMDISK files from data contained in protected file is not allowed.
  19. The protection mechanisms enforced into the WTK takes into account the protection aspects of the loaded WEDEL object have to be respected, no violation is permitted.
  20. The receiving party that intends to use the WTK for implementing a saver into a different format has to communicate the intention to WEDELMUSIC organization. This will be possible according to the permission manager and thus according to the rules for respecting prices and habilitations enforced by the publishers into each specific WEDEL object according to the WEDELMUSIC general format and transaction model.
  21. The registration process of WTK and of each WEDELMUSIC tool, including WEDELMUSIC Compliant applications, simply called in this paragraph tool, is as follows:

All matters arising out of or in connection with the interpretation, implementation, termination or cancellation of this agreement shall be governed in accordance with the laws in force in Italy and Europe from time to time, and the laws of the Italian Govern shall be deemed for all purposes to be the proper law of this agreement.

If one or more of the above rules will be non-respected a specific legal action will be performed by WEDELMUSIC or by it partners to recover the economical damage performed by the infraction.

 

Contact Person: _______________________________________________________________

Company: ________________

Place of business:

Address:

Country______________________________________________________________________

Email ________________________________________________________________________

WWW________________________________________________________________________

Project_______________________________________________________________________

Deadline of Usage______________________________________________________________

Your Serial Number_____________________________________________________________

The Code provided during registration

_____________________________________________________________________________

 

Place: Date:

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