Whereas UNESCO has developed and owns the intellectual property of the CDS/ISIS software (in whole or in part, including all files and documentation, from here on referred to as CDS/ISIS) for the storage and retrieval of information,
Whereas the receiving institution/person desires to use CDS/ISIS for the computerized management of its information,
Whereas the receiving institution/person assumes responsibility for the selection of CDS/ISIS to achieve its intended results, and for the installation, use and results obtained from CDS/ISIS,
Accordingly, UNESCO shall supply the receiving institution/person with CDS/ISIS as well as relevant CDS/ISIS manuals and documentation, available at UNESCO at the time of transfer, and grant the receiving institution/person the following
The receiving institution/person may:
(a) Use CDS/ISIS on one or more computers;
(b) Make copies of and redistribute the CDS/ISIS system, provided that that each copy should reproduce all the copyright notices and that such distributions clearly state that the original CDS/ISIS is available free of charge from UNESCO to everyone;
(c) Modify and/or add system menus and message files using the procedures described in the CDS/ISIS manual, especially for the purpose of developing additional language versions of CDS/ISIS, provided that such new language versions are made available to UNESCO;
(d) Print/reproduce the CDS/ISIS manuals or portions thereof, provided that such copies reproduce the copyright notice;
(e) Translate the CDS/ISIS manuals or portions thereof, provided that such translations clearly indicate the original source and the name of the translating institution/person, and that UNESCO is informed of any translation and receives a copy.
The receiving institution/person may not:
(a) Use or permit others to use CDS/ISIS except under the terms listed above;
(b) Make copies or translations of CDS/ISIS and the related manuals obtained by UNESCO except as provided above;
(c) Erase, replace or modify any copyright notice displayed by the programs during their execution;
(d) Sell, lease or grant any right on CDS/ISIS to other parties, or distribute CDS/ISIS for profit.
This Agreement shall be effective until terminated by either party. It shall also terminate if the receiving institution/person fails to comply with any terms or conditions set forth in this Agreement.
WARRANTY AND LIABILITY
UNESCO provides CDS/ISIS as is without warranty of any kind, either expressed or implied, including, but not limited to the suitability of CDS/ISIS for a particular purpose. The entire risk as to the quality and performance of CDS/ISIS is with the receiving institution/person.
In no event will UNESCO be liable to the receiving institution/person for any damages, including lost savings or other incidental or consequential damages arising out of the use or inability to use CDS/ISIS.
Any dispute between the parties to this Agreement concerning the interpretation or application thereof, which is not settled by negociation, shall be settled by arbitration under the UNCITRAL (United Nations Commission on International Trade Law) arbitration rules as at present in force.