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COPYRIGHT-PURDUE
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COPYRIGHT-PURDUE
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Purdue Research Foundation License Agreement
Critical Mass Modula-3 (CM3) Contributions
1. Grant Of License. Purdue Research Foundation ("PRF"), a
not-for-profit corporation having a principal office at West
Lafayette, Indiana 47906, USA, agent for Purdue University, grants
to you ("LICENSEE") the non-exclusive, non-transferable, royalty
free right to use, modify, reproduce and distribute Critical Mass
Modula-3 Contributions ("SOFTWARE"), i.e., all Modula-3 packages
containing this COPYRIGHT-PURDUE file, subject to the terms set
forth herein. Any distribution of SOFTWARE shall include this
Purdue Research Foundation License Agreement in human readable
form.
2. Title to Intellectual Property and Software. Subject to the
limited rights and licenses granted under this License Agreement,
all rights, title and interests including patent, copyright, and
trademark rights in SOFTWARE are and shall remain vested in PRF to
the exclusion of LICENSEE. PRF represents and warrants that PRF
has the legal right to grant such licenses as are expressly
granted under this Agreement.
3. Copyright. The SOFTWARE is owned by PRF or its suppliers and is
protected by United States copyright laws and international treaty
provisions. Therefore, you must treat the SOFTWARE like any other
copyrighted material (e.g., a book or musical recording) except
that you may use the SOFTWARE as provided in this Purdue Research
Foundation License Agreement.
4. Improvements. LICENSEE hereby grants to PRF a non-exclusive,
non-transferable, royalty free right to use, modify, reproduce and
distribute with the right to sublicense at any tier, any
improvements, enhancements, extensions, or modifications that
LICENSEE make to SOFTWARE, provided such are returned to PRF by
LICENSEE.
5. DISCLAIMER OF WARRANTY. Because the SOFTWARE is a research work
and not a released product, it is provided "AS IS" WITHOUT
WARRANTY OF ANY KIND AND WITHOUT ANY SUPPORT SERVICES. EXCEPT AS
SPECIFICALLY PROVIDED ABOVE IN SECTION 2, PRF FURTHER DISCLAIMS
ALL OTHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR OF
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF
THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
6. Limitation of Liability. IN NO EVENT SHALL PRF OR ITS SUPPLIERS
BE LIABLE IN AN AMOUNT THAT EXCEEDS THE LICENSE FEE PAID BY
LICENSEE FOR ANY DAMAGES (INCLUDING, WITH LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS), REGARDLESS OF THE FORM OF
CLAIM OR ACTIONS, ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE OR DOCUMENTATION, EVEN IF PRF HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Acknowledgement of Allocation of Risk. LICENSEE acknowledges and
agrees that the fees charged by PRF in this Agreement reflect the
allocation of risks provided by the foregoing limitation of
liability. LICENSEE acknowledges and represents that it has read
and understands these allocations of risk limiting the liability
of PRF and that it understands that a modification of the
allocation of risks set forth in this agreement would affect the
fees charged by PRF, and that LICENSEE, in consideration of such
fees, agrees to such allocations of risk.
8. LICENSEE INDEMNIFICATION. LICENSEE SHALL INDEMNIFY PRF AGAINST
ALL COSTS AND DAMAGE JUDGEMENTS, INCLUDING ATTORNEY'S FEES AND
COSTS OF DEFENSE, INCURRED BECAUSE OF CLAIMS OF DAMAGE ARISING
FROM LICENSEE'S POSSESSION OR USE OR INABILITY TO USE SOFTWARE.
9. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are
provided with RESTRICTED RIGHTS. Use duplication, or disclosure
by the Government is subject restrictions as set forth in
subparagraph (c)(1)(ii) of The Rights in Technical Data and
Computer Software clause in DFARS 252.227-7013, or subparagraphs
(c)(i) and (2) of the Commercial Computer Software -- Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Purdue
University, West Lafayette, IN 47907, USA.
10. Severability. If any provision of the Agreement is held illegal
or unenforceable by any court of competent jurisdiction, such
provision shall be deemed separable from the remaining provisions
of this Agreement and shall not affect or impair the validity or
enforceability of the remaining provisions of this Agreement.
11. Governing Law. This Agreement is governed by the laws of the
State of Indiana.
12. Publicity. LICENSEE may not use the name of PRF or Purdue University in
any advertisement, press release or other publicity with reference
to Critical Mass Modula-3 Contributions without prior written
consent of PRF.