Copyright © 2004 Cornell Research Foundation, Inc. All rights reserved.
Author: Professor Martin Burtscher
Software License Terms and Conditions
SOFTWARE shall mean VPC3 code or portions thereof contained in
the file VPC3.tar.gz and described in Cornell Research Foundation, Inc. (“CRF”)
file D-3392. SOFTWARE includes, but is
not limited to, VPC3 source code, object code and executable code.
CRF is a wholly owned subsidiary of Cornell University, is a
fiduciary of Cornell University in intellectual property matters and holds all
intellectual property rights in SOFTWARE.
LICENSEE means the party to this Agreement and the user of
SOFTWARE. By using SOFTWARE, LICENSEE
enters into this Agreement with CRF.
SOFTWARE is made available under this Agreement to allow
certain non-commercial research and classroom use. CRF reserves all commercial rights to SOFTWARE and these rights
may be licensed by CRF to third parties.
LICENSEE is hereby granted permission to download, compile,
execute, copy, and modify SOFTWARE for non-commercial research or teaching
purposes provided that this notice accompanies all copies of SOFTWARE. Copies of modified SOFTWARE may be
distributed only for non-commercial research or teaching purposes (a) if this
notice accompanies those copies, (b) if said copies carry prominent notices
stating that SOFTWARE has been changed, and (c) the date of any changes are
clearly identified in SOFTWARE.
LICENSEE agrees that the export of SOFTWARE from the United
States may require approval from the U.S. government and failure to obtain such
approval will result in the immediate termination of this license and may
result in criminal liability under U.S. laws.
The work leading to the development of SOFTWARE was supported
in part by various grants from an agency of the U.S. Government, and CRF is
obligated to comply with U.S. OMB Circular A-124 and 37 CFR Part 401. This license is subject to the applicable
terms of U.S. Government regulations concerning Government funded inventions.
CRF provides SOFTWARE on an “as is” basis. CRF does not warrant, guarantee, or make any
representations regarding the use or results of SOFTWARE with respect to its
correctness, accuracy, reliability or performance. The entire risk of the use and performance of SOFTWARE is assumed
by LICENSEE. ALL WARRANTIES INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR
MERCHANTABILITY AND ANY WARRANTY OF NONINFRINGEMENT OF PATENTS, COPYRIGHTS, OR
ANY OTHER INTELLECTUAL PROPERTY RIGHT ARE HEREBY EXCLUDED.
LICENSEE understands and agrees that neither CRF nor Cornell
University is under any obligation to provide maintenance, support or update
services, notices of latent defects, correction of defects, or future versions
10. Even if advised of the possibility of damages, under no circumstances shall CRF or Cornell University individually or jointly be liable to LICENSEE or any third party for damages of any character, including, without limitation, direct, indirect, incidental, consequential or special damages, loss of profits, loss of use, loss of goodwill, computer failure or malfunction. LICENSEE agrees to indemnify and hold harmless CRF and Cornell University for any and all liability CRF or Cornell University may incur as a result of use of SOFTWARE by LICENSEE.