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LAWRENCE BERKELEY NATIONAL LAB END USER LICENSE AGREEMENT
FOR NON-COMMERCIAL USERS
Software: BOOST
Version: 2.1.3.RELEASE
IMPORTANT - READ CAREFULLY: THIS END USER LICENSE AGREEMENT
("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (IN YOUR CAPACITY AS AN
INDIVIDUAL AND AS AN AGENT FOR YOUR COMPANY, INSTITUTION OR OTHER
ENTITY) (COLLECTIVELY, "YOU" OR "LICENSEE") AND THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA, DEPARTMENT OF ENERGY CONTRACT-OPERATORS OF THE
ERNEST ORLANDO LAWRENCE BERKELEY NATIONAL LABORATORY ("BERKELEY LAB").
DOWNLOADING, INSTALLING, USING, OR COPYING OF THE SOFTWARE (AS DEFINED
BELOW) BY YOU OR BY A THIRD PARTY ON YOUR BEHALF INDICATES YOUR
AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL
OR USE THE SOFTWARE.
1. LICENSE GRANT. Subject to receipt by Berkeley Lab of any required
U.S. Department of Energy approvals, Berkeley Lab grants you, and you
hereby accept, a non-commercial, non-exclusive, non-transferable,
royalty-free perpetual license to install and use the version noted
above of the computer software program noted above, in executable code
format only, together with any associated media, printed materials, and
on-line or electronic documentation (if any) provided by Berkeley Lab
(collectively, the "Software"), subject to the following terms and
conditions:
(a) You may use the Software solely for your own internal,
non-commercial, research use. If you want to use the software for
commercial purposes please contact [[email protected]];
(b) You may use the Software solely at the address you provided to
Berkeley Lab during the registration process; you may not transfer the
Software without the prior written consent of Berkeley Lab; you may not
allow the Software to be accessed over the internet;
(c) You may copy the Software solely to the extent reasonably necessary
to exercise the foregoing license, and for backup and archival purposes;
provided however that (i) you must reproduce all copyright notices and
other proprietary notices on any copies of the Software and you must not
remove or alter those notices; (ii) all copies of the Software shall be
subject to the terms of this Agreement; and (iii) you may not otherwise
copy or allow copies of the Software to be made;
(d) You may not reverse engineer, disassemble, decompile, or otherwise
attempt to derive the source code of the Software. You may not modify,
alter, or create derivative works of the Software in any manner. You may
not rent, lease, loan, sublicense, distribute or transfer the Software
to any third party, nor use the Software for commercial time-sharing or
service bureau use.
2. COPYRIGHT; RETENTION OF RIGHTS. Subject to approval by the U.S.
Department of Energy: (i) you hereby acknowledge that the Software is
protected by United States copyright law and international treaty
provisions; (ii) Berkeley Lab, and its licensors (if any), hereby
reserve all rights, title and interest in and to the Software which are
not explicitly granted to you herein; and (iii) without limiting the
generality of the foregoing, Berkeley Lab and its licensors (if any)
retain all title, copyright, and other proprietary interests in the
Software and any copies thereof, and you do not acquire any rights,
express or implied, in the Software, other than those specifically set
forth in this Agreement.
3. NO MAINTENANCE OR SUPPORT. Berkeley Lab shall be under no obligation
whatsoever to: (i) provide maintenance or support for the Software; or
(ii) to notify you of bug fixes, patches, or upgrades to the Software
(if any). If, in its sole discretion, Berkeley Lab makes a Software bug
fix, patch or upgrade available to you and Berkeley Lab does not
separately enter into a written license agreement with you relating to
such bug fix, patch or upgrade, then it shall be deemed incorporated
into the Software and subject to this Agreement.
4. U.S. GOVERNMENT RIGHTS. The Software was developed under funding from
the U.S. Government. During a period of commercialization granted to
Berkeley Lab by the U.S. Department of Energy, the U.S. Government is
granted for itself and others acting on its behalf a nonexclusive,
paid-up, irrevocable, worldwide license in the Software to reproduce,
prepare derivative works, and perform publicly and display publicly, by
or on behalf of the U.S. Government. Subsequent to that period, the U.S.
Government is granted for itself and others acting on its behalf a
nonexclusive, paid-up, irrevocable, worldwide license in the Software to
reproduce, prepare derivative works, distribute copies to the public,
perform publicly and display publicly, and to permit others to do so.
5. WARRANTY DISCLAIMER. THE SOFTWARE IS SUPPLIED "AS IS" WITHOUT
WARRANTY OF ANY KIND. BERKELEY LAB, ITS LICENSORS, THE UNITED STATES,
THE UNITED STATES DEPARTMENT OF ENERGY, AND THEIR EMPLOYEES: (1)
DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT, (2) DO NOT ASSUME ANY LEGAL
LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR
USEFULNESS OF THE SOFTWARE, (3) DO NOT REPRESENT THAT USE OF THE
SOFTWARE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, (4) DO NOT WARRANT
THAT THE SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR
THAT ANY ERRORS WILL BE CORRECTED.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL BERKELEY LAB OR ITS
LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO
LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH
LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING
NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF BERKELEY LAB HAS
BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT
SHALL BERKELEY LAB'S LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION
WITH THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
7. INDEMNITY. You shall indemnify, defend, and hold harmless Berkeley
Lab, the U.S. Government, the Software developers, the Software
sponsors, and their agents, officers, and employees, against any and all
claims, suits, losses, damage, costs, fees, and expenses arising out of
or in connection with this Agreement. You shall pay all costs incurred
by Berkeley Lab in enforcing this provision, including reasonable
attorney fees.
8. TERM AND TERMINATION. The license granted to you under this Agreement
will continue perpetually unless terminated by Berkeley Lab in
accordance with this Agreement. If you breach any term of this
Agreement, and fail to cure such breach within thirty (30) days of the
date of written notice, this Agreement shall immediately terminate. Upon
any such termination, you shall immediately cease using the Software,
return to Berkeley Lab, or destroy, all copies of the Software, and
provide Berkeley Lab with written certification of your compliance with
the foregoing. Termination shall not relieve you from your obligations
arising prior to such termination, including but not limited to the
responsibility to pay previously accrued fees. Notwithstanding any
provision of this Agreement to the contrary, Sections 5 through 10 shall
survive termination of this Agreement.
9. EXPORT CONTROLS. You will observe all applicable United States and
foreign (if any) export control laws and regulations, including, without
limitation, the International Traffic in Arms Regulations (ITAR) and the
Export Administration Regulations, with respect to the export,
re-export, diversion, or transfer of the software, related technical
information, and direct products thereof. Export of the software,
related technical information, and direct products thereof from the
United States may require some form of export control license or other
authority from the U.S. Government. Failure to obtain any required
export control license may result in civil and criminal liability under
U.S. laws and regulations.
10. GENERAL. This Agreement shall be governed by the laws of the State
of California, excluding its rules governing conflicts of laws. No
provision in either party's purchase orders, or in any other business
forms employed by either party will supersede the terms of this
Agreement, and no modification or amendment of this Agreement is
binding, unless in writing signed by a duly authorized representative of
each party. This Agreement is binding upon and shall inure to the
benefit of Berkeley Lab, its successors and assigns. This Agreement
represents the entire understanding of the parties, and supersedes all
previous communications, written or oral, relating to the subject of
this Agreement. If you have any questions concerning this license,
contact Ernest Orlando Lawrence Berkeley National Laboratory,
Intellectual Property Office (IPO), 1 Cyclotron Road, MS 90R1116,
Berkeley, CA 94720, Attn: Software Licensing or via e-mail at
[email protected].
BY USING THE WEB USER INTERFACE AND/OR THE API OF THIS SOFTWARE, YOU ARE
CONFIRMING YOUR
ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.