================================================================= Rice University Computer and Information Technology Institute Software License Agreement (PD/IU) (This file: LICENSE) ================================================================= CM Software Not Included. This license agreement does not apply to "commercial development" software, designated as CM in the CITI catalog number of the software. All CM software must be licensed on an individual basis. Software Includes Documentation: For purposes of this agreement, the term "software" includes any associated documentation unless expressly stated otherwise herein. Internal-Use (IU) Software: The following terms apply to "internal use" software, designated as IU in the CITI catalog number of the software: * IU software is licensed for internal use by the licensee at any site or sites and on any computer or computers. * The license for IU software does not extend to any af- filiate of the licensee nor to any other person or entity; all such persons or entities must be separately licensed. * Copies of IU software in complete, unmodified form (in- cluding copyright legends and similar markings) may be made solely (1) for distribution to persons employed by the licensee for the purpose of such use, or to outside contractors for use solely for the benefit of the licensee; (2) for backup or archival purposes, and (3) in conjunction with loading the software or a portion thereof in the memory of a computer or computers for the use licensed above. * IU software may be modified by the licensee (or by outside contractors acting solely for the benefit of the licensee) solely for use as licensed herein, provided that no copies of the modified software may be made or distributed except as permitted herein for the unmodified software itself. Public Domain Software: The following terms apply to "public domain" software, designated as PD in the CITI catalog number of the software: * PD software may be copied, distributed, or modified in any way desired without permission from the author(s) or from Rice University. * If PD software is distributed in complete, unmodified form, no charge may be made for any copies so distrib- uted, except that a nominal fee not exceeding the rea- sonable cost of distribution may be charged. In addi- tion, the copyright and public-domain legend included with PD software as distributed by CITI must be inclu- ded in all such complete, unmodified copies so dis- tributed (but otherwise no reference may be made to the author(s) or their affiliated institution(s), if any, nor to Rice University or CITI). Unauthorized Copying and Modification Prohibited: Except as ex- pressly permitted by this agreement, any and all making or dis- tribution of copies of the software, and any and all modification or creation of derivative works based on the software, are prohibited. No Use of Names or Trademarks. Except as expressly authorized hereby, neither the author(s)' name nor that of Rice University or CITI, nor any trademark used by any of them, may be used by any person or entity, including the licensee, without his/her/its express prior written consent. No Warranty. The software was created in the course of academic and/or research endeavors and not as a commercial package. Its present version (which may still be in development) is distribu- ted "AS IS, WITH ALL DEFECTS." By using the software, each user agrees to assume all responsibility for any and all such use. The author(s) and Rice University are not aware that the software or the use thereof infringe any proprietary right belonging to a third party. However, NO WARRANTY, CONDITION, OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, is made about the software, in- cluding without limitation any warranty of title, noninfringe- ment, merchantability, or fitness for a particular purpose, by the author(s) or their affiliated institution(s) (if any) or by Rice University. No Consequential Damages. Independent of the foregoing dis- claimer of warranties, the licensee hereby agrees, and each per- son that uses the software thereby agrees, that NEITHER RICE UNI- VERSITY NOR THE AUTHOR(S) OR THEIR AFFILIATED INSTITUTION(S) (IF ANY) SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOST PROFITS OR INJURY TO BUSINESS, WHETHER OR NOT RICE UNIVERSITY AND/OR THE AUTHOR(S) AND/OR THEIR AFFILIATED INS- TITUTIONS (IF ANY) KNOW OR HAVE REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. Indemnity. The licensee hereby agrees, and each person that uses the software thereby agrees, to indemnify and defend Rice Uni- versity and the author(s) and their affiliated institutions (if any), or any of them, against any loss, expense, claim, damage, or liability of any kind arising from or connected with their re- spective uses of the software, and to hold them or any of them harmless from any of the same, WHETHER OR NOT ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF RICE UNIVER- SITY OR ANY OF THE AUTHOR(S) OR THEIR AFFILIATED INSTITUTIONS (IF ANY). Export Controls. No part of this software may be "exported" out- side the United States, and the licensee agrees not to make or assist in any such export, unless all applicable provisions of the export-control laws are first complied with (this clause does not in itself authorize any making or distribution of copies by the licensee). Miscellany. This is the complete agreement between the licensee and CITI with respect to its subject matter and supersedes any prior or contemporaneous oral or written agreements, terms, and/or conditions, including superseding any additional or conflicting terms or conditions in purchase orders or similar documents that may be submitted to CITI by the licensee. The agreement may be modified only by a writing duly executed by the licensee and CITI. This agreement is effective upon acceptance by CITI in Houston, Texas. If Rice University or the owner of the software successfully brings an action against the licensee to enforce this agreement, it shall be entitled to recover reasonable attorneys' fees and expenses and costs of court in addition to any award made by the court. ================================================================= Licensee's full legal name: ____________________________________ Complete mailing address: ______________________________________ Shipping address: _____________________________________ (if different from above) Licensee contact person: ______________________________________ Telephone: ________________________ FAX number: ________________________ Email: ________________________ Complete CITI catalogue number of software to be sent: _____________________________________ Catalogue title of software: ______________________________________ Note: See description of requirements in catalogue. Delivery: Email? _____ Email address: ______________ Tape (QIC-150 format only)? _____ License fee (from catalogue) U.S. $ ________ (includes Email or ground shipping) Overnight courier add $15.00 (U.S./Canada destinations only) $ ________ Total amount enclosed: U.S. $ ________ Please mail signed agreement to: Rice University CITI/SDC P.O. Box 1892 Houston, TX 77251-1892 713-527-6077 ACCEPTED AND AGREED TO: _________________________________________ Name of Requesting Organization By ______________________________________ Signature-authorized representative _________________________________________ Name (typed or printed) _________________________________________ Title ________________________________________ Date ================================================================= CITI Use Only: Date received: __________________________ Date shipped: __________________________ Version date of printed license shipped with software: _________________ Remarks: __________________________________________ CITI staff initials: ______ Date: _______ Subject: Subject: