AVS Agreement for UNIRAS & OpenViz Software

• 1. Agreement Details
  • (i) Product full name
  • (ii) Product owners
  • (iii) Product supplier
  • (iv) Agreement Period
  • (v) Institution Commitment Period
• 2. Eligible Sites
• 3. Background Detail / Community Evaluation
• 4. Products Covered
• 5. Product Description
• 6. Location and Use Permissions
• 7. Platforms
• 8. Requirements
• 9. Institution Evaluation Copy / Exhibition Licence
• 10. Licence Type
• 11. Personal Licences
• 12. Post Termination of Agreement Period
• 13. Product Documentation
• 14. Right to Copy Documentation
• 15. Training and Training Materials
• 16. System Releases, New Versions and New Functionality
• 17. Initial Consultancy/Support
• 18. Pricing
• 19. Payment Terms
• 20. Method of Delivery of Product
• 21. WWW Addresses
• 22. Action to Participate

 

1. Agreement Details

(i) Product full name

Advanced Visual Systems' End User and developer Graphics Tools, hereafter jointly referred to in this Overview as "UNIRAS and OpenViz Software".

(ii) Product owner

Advanced Visual Systems Inc (AVS Inc)
300 Fifth Avenue
Waltham
MA 02154
USA

(iii) Product supplier

AVS Europe Ltd
Quatro House
Lyon Way
Frimley
Camberley
Surrey
GU16 7ER

(iv) Agreement Period

This is a 5 year Agreement commencing on 1^st April 2008 and terminating on 31^st March 2013. Institutions may participate at any time during the period; however they will be bound until the end of the period selected from below or the end of the Agreement Period, whichever is the earlier.

Institution Commitment Period

1. to 31 March 2011*
2. to 31 March 2013

* The 3 year licence is only available in the first year of this Agreement, i.e. until 31 March 2009. Sites wishing to extend a 3 year licence to a 5 year licence will be charged at the 5 year 'First Platform' and 'Subsequent Platform' rates (as appropriate) that are applicable at the time of that site becoming licensed.

The Agreement to which this refers is a formal agreement between Eduserv and AVS.

2. Eligible Sites

This Agreement is available to Chest Sites of Higher and Further Education in the United Kingdom and Ireland.  Som associated sites are also included. 

3. Background Detail / Community Evaluation

This is the fourth extension to the original Agreement with UNIRAS Ltd, subsequently acquired by AVS Inc, which commenced 1^st April 1988. The AVS products are well respected within the Academic Community, and over 70 sites have taken advantage of the Agreement over the past 20 years.

4. Products Covered

The Agreement covers the following products:

1. Uniras product range
   • Gsharp Professional Edition
   • Gsharp Web Edition
   • Gsharp Application Seat
   • Toolmaster agX
   • FGL-AGL
2. OpenViz

Note: UNIRAS and OpenViz Software can both be licensed separately or together.

The charges also include support, new versions, system releases and associated new documentation. New platforms will be available within the charges if and when commercially available from AVS.

5. Product Description

The following descriptions have been extracted from AVS Inc's web site:

Gsharp

A technical presentation and data analysis application combining the 2D and 3D graphing and contouring capabilities of high-end visualization software with professional-grade presentation tools and an object-oriented graphical user interface. A Web Edition supports interactive graphics over the Internet, and an Application Seat for distribution of bespoke developed applications.

Toolmaster

A family of graphics tools for visual data analysis and presentation. Toolmaster agX is an application-level visualization library with more than 500 powerful C language functions for analyzing and presenting numerical data.

FGL-AGL

Fortran callable libraries with the same functionality as Toolmaster agX.

OpenViz

OpenViz provides highly-interactive graphical display capabilities for internet-based, Java Virtual Machines (JVM), and ActiveX deployable architectures. A wealth of graphic facilities for 2D and 3D charting, and general graphics display is provided for the programmer via Java and COM components.

Further details can be found at AVS Inc's web site: http://www.avs.com/

6. Location and Use Permissions

Authorised Users "Authorised Users" are those individuals who are authorised by the Licensee to access the Licensee's information services available through the Licensee's Secure Network and who are:

It is a requirement of the Licensee (Institution) that it is satisfied that the user is an employee, student, or other person authorised by the Licensee for the purposes of the normal business of the Licensee's organisation.

Product may be used by any employee, student, or other persons authorised by the Licensee for the purposes of the normal business of the Licensee's organisation, whether or not they are located on the Licensee's premises. Such use of Product includes the following:

1. Teaching
2. Research
3. Personal educational development
4. Administration and management of the business of the Licensee's organisation.
5. Development work associated with any of the above.

General Exclusions:

1. Consultancy or services leading to commercial exploitation of Product
2. Work of direct benefit to the employer of students on industrial placement or part-time courses paid for by the student's employer.

In (i) and (ii) above the Licensor may allow such use in return for acknowledgement of use of Product and/or for an agreed fee.

Note "Commercial Exploitation" in the context of this Code is the use of Product for monetary gain either by the Institution or an individual. Where Product is so used this must be a matter for discussion between the Supplier and the Licensee.

7. Platforms

UNIRAS product ranges are available on Windows, Mac, Linux, Sun, SGI and HP platforms.  Operating systems include Windows, Mac Operating System, Unix, Linux, Irix, HP Operating Systems, and Open VMS.  Please visit http://www.avs.com/ for complete details.

 

OpenViz Particles and OpenViz Elements

• Java - any JVM 1.4 and above (software renderer or OpenGL via Sun JOGL)
• COM - Windows

AVS agrees to provide new Platforms as and when AVS Inc at it's discretion, develops versions of the software for such Platforms. However, there is no implied agreement to port future versions to the platform range. Sites may remove a platform from their licence at any time during the licence period; however no credit will be given on licence fees already paid. (Minimum platform requirement = 1).

Replacement platform(s) may be run in parallel with the platform(s) to be dropped for a maximum period of 6 months without incurring additional fees.

8. Requirements

Total installation disk space per platform for Toolmaster & Gsharp (UNIRAS):

Disk space: ~120 MBytes
Minimum Memory: 64 MBytes

Hardware requirements for OpenViz:

Disk space: ~125 Mbytes
Minimum Memory: 64 MBytes

9. Institution Evaluation Copy / Exhibition Licence

A 30-day evaluation CD will be provided upon request from AVS Inc.

10. Licence Type

Site licence with normal Chest terms and conditions of use. Copying of the Software is allowed at any licensed Institution for use in accordance with Clause 3 of the General Licence Terms and Conditions.

With respect to the licensing of OpenViz and GSharp for Linux the following special conditions apply;

All Sites licensing Open Viz and GSharp for Linux shall be required to complete a Certificate of Compliance which states the above.

11. Personal Licences

Personal copies are available direct from AVS for staff and students. A discount of 20% will be applied against current list prices.

12. Post Termination of Agreement Period

At the end of the period of Licence, if no new Agreement is reached between Chest and AVS Inc, then Licensed Sites will be required to remove all copies of UNIRAS and OpenViz Software from their systems.

13. Product Documentation

Documentation will be provided by AVS to each licensed Site in the form of on-line html included on the software distribution CD.

14. Right to Copy Documentation

Copying of Licensed Materials is permitted for use under the terms of the Licence.

15. Training and Training Materials

Training materials for the UNIRAS software have been generated by AGOCG and the UK AVS+UNIRAS User Group. Some of these can be accessed from their web address: http://www.uauug.org.uk/training.html

On-site training/support is available at a current cost of £750 per day plus expenses.

16. System Releases, New Versions and New Functionality

Updates and new versions can be downloaded from the download site at: http://download.avs.com/Toolmaster/ Access to each version is password protected and Technical Contacts and/or Deputy Technical Contacts named on the Schedule 4 licence should email supporteurope@avs.com to obtain the download passwords.

17. Initial Consultancy/Support

AVS will provide telephone and email advice and support to the nominated Technical Contact and/or his/her Deputy at Licensed Sites from Monday to Friday (local holidays excluded), between 9am and 5pm in the time zone of the office from which support is provided. Sites may nominate additional pairs of Technical Contacts at an additional annual fee of £250 per pair of contacts.

AVS support can be contacted at:

Phone: 01276 804840
Fax: 01276 804881
Email:supporteurope@avs.com
Address:
AVS Europe Ltd
Quatro House
Lyon Way
Frimley
Camberley
Surrey
GU16 7ER

An active UK AVS+Uniras User Group exists to provide support, advice, training, seminars, etc. Further details can be found at their Web site: http://www.uauug.org.uk/

18. Pricing

The following pricing applies:

 ** Sites may remove a platform from their licence at any time during the licence period; however, no refund will be given on licence fees already paid in that licence year. The reduced fee will take effect from the following licence year (start 1^st April).

*** Sites upgrading from a UNIRAS Per-Platform licence to a UNIRAS and OpenViz Multi-Platform Licence will be charged the difference between the licence fees shown in the table above. Any reduction in licence fees resulting from the upgrade will become applicable from the following licence year (1^st April). No refunds will be payable.

**** A charge of £250 per annum will be charged for each pair of additional Technical Contacts nominated by each Site.

A six months pro-rata charge will apply to Sites that have added a new product or platform, or joined the Agreement during the second half of an Agreement year (from 1^st October).

Replacement platform(s) may be run in parallel with the platform(s) to be removed from the licence for a maximum period of 6 months without incurring additional fees.

To all the above charges will be added VAT at the prevailing rate.

19. Payment Terms

On receipt of a completed Licence (Schedule 4) or Modification thereto, Sites will be invoiced for the Agreement year in which the Licence is signed.

For each subsequent year, Sites will be invoiced three months in advance of the anniversary date of the Agreement (invoice date: 1 January) for the remaining period of the licence.

Pro-rata charging (every six months) is available for Sites which become licensed part-way through a year.

All payments must be made to "Eduserv" within 30 calendar days of the date of invoice.

Note: You are advised that because of the requirement for Chest to collect monies due before the anniversary date two charges may fall initially into one academic accounting year.

20. Method of Delivery of Product

The master copies of media and Licensed Materials will be delivered to the Licensed Site by AVS (both on CD) when the Licence is signed by the Site and returned to Chest. See Action to Participate below.

21. Web Addresses

• Supplier home page: http://www.avs.com
• User Product Forum: http://forum.avs.com/
• User Group: http://www.uauug.org.uk/
• Training materials: http://www.uauug.org.uk/training.html

22. Action to Participate

New and current Licensed Sites should complete the following paperwork to licence UNIRAS and/or OpenViz as from 1^st April 2008: 

•  Licence (Schedule 4)
  

The Modification to Schedule Form should be used to change products and platforms, extend a licence period and change or add technical contacts.

All paperwork should be accompanied by an Official Purchase Order to cover licence fees, and should be returned to:

Eduserv
Royal Mead
Railway Place
Bath
BA1 1SR

Updated 9 July 2010