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LICENSE
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HipGISAXS v1.0 LICENSING
========================
The HipGISAXS software is only available to be downloaded and used by employees
of academic research institutions, not-for-profit research laboratories, or
governmental research facilities. Please read the following Non-Commercial End
User License Agreement before downloading the software. By downloading the
software, you are agreeing to be bound by the terms of this Non-Commercial End
User License Agreement. This EULA is also provided as a PDF file along with
the documentation.
BERKELEY LAB HipGISAXS NON-COMMERCIAL END USER LICENSE AGREEMENT
================================================================
Software: HipGISAXS
Version: 1.0
This License Agreement (the "Agreement") is a legal agreement between The
Regents of the University of California, Department of Energy contract-
operators of the
Ernest Orlando Lawrence Berkeley National Laboratory,
1 Cyclotron Road, Berkeley, CA 94720
("Berkeley Lab"), and "you" or "Licensee". By downloading this Software, you
agree to be bound by the terms of this Agreement. If you do not agree to be
bound by these terms, then do not download the Software.
You or Licensee agrees to the following:
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 nonexclusive,
non-transferable, royalty-free perpetual license to install and use the version noted
above of the computer software program noted above, in executable format only,
together with any associated media, printed materials, and online or electronic
documentation (if any) provided by Berkeley Lab (collectively, the “Software”),
subject to the following terms and conditions:
(a) You represent and acknowledge that you belong to either an academic research
institution, a not-for-profit research laboratory, or a governmental research
facility; You may use the Software solely for your own internal non-commercial
research use;
(b) You may use the Software solely at the site of your institution or research
facility; you may not transfer the Software from that site without the prior written
consent of Berkeley Lab; you may not allow the Software to be accessed over the
internet or by users located at another site;
(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; and
(e) You may not rent, lease, loan, sublicense, distribute or transfer the Software to
any third party, nor use it 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 updates
(collectively, "Update") to the Software (if any). If, in its sole discretion,
Berkeley Lab makes an Update available to you and Berkeley Lab does not separately
enter into a written license agreement with you relating to such Update, 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. Department of Energy and the
U.S. Government consequently retains certain rights as follows: the U.S. Government
has been granted for itself and others acting on its behalf a paid-up, nonexclusive,
irrevocable, worldwide license in the Software to reproduce, prepare derivative works,
and perform publicly and display publicly. Beginning five (5) years after the date
permission to assert copyright is obtained from the U.S. Department of Energy, and
subject to any subsequent five (5) year renewals, the U.S. Government is granted for
itself and others acting on its behalf a paid-up, nonexclusive, 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 shall observe all applicable United States and foreign laws and regulations (if
any) with respect to the export, re-export, diversion or transfer of the Software,
related technical data and direct products thereof, including, without limitation, the
International Traffic in Arms Regulations (ITAR) and the Export Administration
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.