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LICENSE.txt
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LICENSE.txt
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Licensed under the following terms:
1. General. A non-exclusive, nontransferable, perpetual license is
granted to the Licensee to install and use the Software for academic
or non-profit research purposes. Use of the Software under this
License is restricted to non-commercial purposes. Commercial use of
the Software requires a separately executed written license agreement.
2. Permitted Use and Restrictions. Licensee agrees that it will use
the Software, and any modifications, improvements, or derivatives to
the Software that the Licensee may create (collectively,
"Improvements") solely for internal, non-commercial purposes and shall
not distribute or transfer the Software or Improvements to any person
or third parties without prior written permission from the
Licensor. The term "non-commercial," as used in this License, means
academic or other scholarly research which (a) is not undertaken for
profit, or (b) is not intended to produce works, services, or data for
commercial use, or (c) is neither conducted, nor funded, by a person
or an entity engaged in the commercial use, application or
exploitation of works similar to the Software.
3. Ownership and Assignment of Copyright. The Licensee acknowledges
that the Licensor hold copyright in the Software and associated
documentation, and the Software and associated documentation are the
property of the Licensor. The Licensee agrees that any Improvements
made by Licensee shall be subject to the same terms and conditions as
the Software. Licensee agrees not to assert a claim of infringement in
Licensee copyrights in Improvements in the event the Licensor prepares
substantially similar modifications or derivative works. The Licensee
agrees to use his/her reasonable best efforts to protect the contents
of the Software and to prevent unauthorized disclosure by its agents,
officers, employees, and consultants. If the Licensee receives a
request to furnish all or any portion of the Software to a third
party, Licensee will not fulfill such a request but will refer the
third party to the Licensor's resources so that the third party's use
of this Software will be subject to the terms and conditions of this
License. Notwithstanding the above, Licensee may disclose any
Improvements that do not involve disclosure of the Software.
4. Copies. The Licensee may make a reasonable number of copies of the
Software for the purposes of backup, maintenance of the Software or
the development of derivative works based on the Software. These
additional copies shall carry the copyright notice and shall be
controlled by this License, and will be destroyed along with the
original by the Licensee upon termination of the License.
5. Acknowledgement. Licensee agrees that any publication of results
obtained with the Software will acknowledge its use by an appropriate
citation as specified in the documentation.
6. Disclaimer of Warranties and Limitation of Liability. THE LICENSEE
AGREES THAT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. THE LICENSOR MAKES NO
REPRESENTATION OR WARRANTY THAT THE SOFTWARE WILL NOT INFRINGE ANY
PATENT OR OTHER PROPRIETARY RIGHT. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
OTHERWISE, SHALL THE LICENSOR BE LIABLE TO ANYONE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER ARISING AS A RESULT OF THIS LICENSE OR THE USE OF THE
ORIGINAL WORK INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
7. Termination. This License is effective until terminated by either
party. Licensee's rights under this License will terminate
automatically without notice from the Licensor if Licensee fails to
comply with any term(s) of this License. Licensee may terminate the
License by giving written notice of termination to the Licensor. Upon
termination of this License, Licensee shall immediately discontinue
all use of the Software and destroy the original and all copies, full
or partial, of the Software, including any modifications or derivative
works, and associated documentation.
8. Termination for Patent Action. This License shall terminate
automatically and You may no longer exercise any of the rights granted
to You by this License as of the date You commence an action,
including a cross-claim or counterclaim, against Licensor or any
licensee alleging that the Original Work infringes a patent. This
termination provision shall not apply for an action alleging patent
infringement by combinations of the Original Work with other software
or hardware.
9. Governing Law and General Provisions. Any action or suit relating
to this License may be brought only in the courts of a jurisdiction
wherein the Licensor resides or in which Licensor conducts its primary
business, and under the laws of that jurisdiction excluding its
conflict-of-law provisions. The application of the United Nations
Convention on Contracts for the International Sale of Goods is
expressly excluded. Any use of the Original Work outside the scope of
this License or after its termination shall be subject to the
requirements and penalties of copyright or patent law in the
appropriate jurisdiction. If any provisions of this License are held
invalid or unenforceable for any reason, the remaining provisions
shall remain in full force and effect. This section shall survive the
termination of this License. If any provision of this License is held
to be unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This License is binding upon
any heirs and assigns of the Licensee. The License granted to Licensee
hereunder may not be assigned or transferred to any other person or
entity without the express consent of the Licensor. This License
constitutes the entire agreement between the parties with respect to
the use of the Software licensed hereunder and supersedes all other
previous or contemporaneous agreements or understandings between the
parties, whether verbal or written, concerning the subject matter. Any
translation of this License is done for local requirements and in the
event of a dispute between the English and any non-English versions,
the English version of this License shall govern.