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Application form and user licence

- SOFTWARE -


The undersigned, hereinafter called the Licensee, requests the permission to acquire from the International Labour Office, CH-1211 Geneva 22, Switzerland (hereinafter called the ILO) the Software described below, subject to the following terms and conditions:



Description of Software: (name in bold)................................. (hereinafter called the Software).



If the application is accepted by the ILO, a copy of this licence duly signed on behalf of the ILO will be returned to the Licensee. If the application is not accepted, the applicant agrees that no reason beyond this fact needs to be given by the ILO.





TERMS AND CONDITIONS



1. The ILO hereby grants to the Licensee the permission to:



(i) Use the Software on any compatible computer.



(ii) Instal the Software onto a permanent device (a hard disk drive).



(iii) Make and maintain up to three back-up copies provided they are used only for back-up purposes. All the information appearing on the original disk labels (including the copyright notice) must be copied onto the back-up labels.



2. The copyright and title to the Software and any related materials provided under this licence shall remain the sole property of the ILO. The Licensee shall advise all users of the ILO's rights vested in the Software and shall use all reasonable efforts to protect it from unauthorized use, reproduction, distribution or publication. The ILO reserves all rights in the Software not specifically granted by this licence.



3. The responsibility for any modifications to the Software shall rest solely with the Licensee.



4. Unless otherwise authorized in writing by the ILO, the Licensee agrees not to:



- Make copies of the Software except as permitted in clause 1.



- Distribute, rent, lease, lend, sub-license, time-share, or transfer the Software.



- Remove or obscure the ILO copyright notice.



5. The Software shall be supplied to the Licensee upon signature of this licence or on a later date to be agreed between the parties in writing. The Licensee shall bear the full cost of any duties and taxes which may be levied on the Software provided in pursuance of this licence. The ILO shall not assume responsibility with respect to any government restrictions on the transport and use of the Software.



6. Any complaints regarding damaged or faulty Software should be submitted to the ILO in writing no later than thirty days after the receipt of the Software.



7. Except as provided for in the preamble, the ILO shall accept no responsibility with respect to the Software, including but not limited to, quality, performance or fitness for a particular purpose and shall not be liable for special, incidental, consequential, indirect or other similar damages arising from the use of, or inability to use, the Software.



8. Any communications concerning technical matters shall be addressed to the Financial, Actuarial and Statistical Branch of the Social Security Department of the ILO and on contractual and administrative matters to the Publications Bureau, Rights and Permissions of the ILO.



9. In the event of the Licensee violating any of the terms and conditions herein the right to use the Software and the licence granted shall automatically revert to the ILO without prejudice to the ILO's right of recovery of any sums due. Any dispute that may arise under this licence shall first be the subject of an exchange of views between the parties. In the event that such dispute is not resolved by mutual agreement it shall be referred to the Administrative Tribunal of the International Labour Organization, pursuant to paragraph 4 of Article II of its Statute, whose decision shall be final and binding on the parties.



10. In the event of either party being dissolved, becoming insolvent, its existence being terminated or having a receiver appointed of its assets, or execution or distress levied upon its assets, then the licence shall be terminated from the date thereof and the affected party shall immediately notify the other party, by registered letter sent to its address as specified in this licence.



11. This licence is valid for ten years and may be renewed for further periods of two years subject to the consent in writing by the ILO. If such consent be given, it shall form an integral part of this licence.



12. Each party reserves the right to terminate this licence at any time provided that the other party is notified in writing at least 90 days in advance.



13. Upon termination of the licence the Licensee shall return to the ILO all Software copies and all other pertinent materials and shall have no further right to make use of the Software.



14. Until changed by notice in writing, all communications required under the terms of this licence shall be directed to the Licensee as follows:



Name of Licensee: ..........................................................................................

Address:.......................................................................................................



..................................................................................................................



Tel: .............................. Fax: ..................................... Telex: ......................



Represented by (name and title):



..................................................................................................................



.................................................................................................................



15. The terms of this licence shall not be disclosed to third parties unless agreed otherwise in writing by the ILO.



16. This licence is non-transferable and shall enter into effect upon signature by both parties.




For and on behalf of the Licensee For the International Labour Office



By ............................................ By .....................................................

(Signature) (Signature)


its authorized Official its authorized Contracting Official

................................................ ............................................................

Place and date Place and date


................................................ ..........................................................

Witness Witness

Updated by JD. Approved by ER. Last update: 1 July 2000