path: root/licenses/phenix

NON-COMMERCIAL END USER 
SOURCE  CODE  &  BINARY  LICENSE  AGREEMENT

Software: PHENIX (LBNL Ref. CR-1770)
Version:  1 Alpha, Beta and General 

Software: LABELIT (LBNL Ref. CR-1960)
Version:  1.1.4

IMPORTANT - READ CAREFULLY: This 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) 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. Berkeley Lab grants you, and you hereby accept, a
non-exclusive, royalty-free perpetual license to install, use, modify,
and prepare derivative works the version noted above of the computer
software program noted above, in binary and source code format, or any
derivative work thereof, together with any associated media, printed
materials, and on-line or electronic documentation (if any) provided
by Berkeley Lab (collectively, the "Software") FOR INTERNAL,
NON-COMMERCIAL, RESEARCH AND DEVELOPMENT PURPOSES ONLY, subject to the
following terms and conditions: (i) you may not distribute, rent,
lease, loan, or sublicense the Software to any third party, nor may
you distribute the Software as incorporated into any derivative work
you may create.  This version of the Software constitutes a research
prototype and may be changed substantially.  The license grant set
forth above is subject to receipt by Berkeley Lab of any required
U.S. Department of Energy approvals.

2.  COPYRIGHT; RETENTION OF RIGHTS.  The above license grant is
conditioned on the following: (i) you must reproduce all copyright
notices and other proprietary notices on any copies of the Software
and you must not remove such notices; and (ii) in the event you
compile the Software, you will include the copyright notice with the
binary in such a manner as to allow it to be easily viewable.  All
copies of the Software shall be subject to the terms of this
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you hereby acknowledge that the Software is protected by United States
copyright law and international treaty provisions; (b) Berkeley Lab,
and its licensors (if any), hereby reserve all rights in the Software
which are not explicitly granted to you herein; (c) without limiting
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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.  Subject to Berkeley Lab's underlying copyright in the
Software pursuant to the above, you retain all title, copyright, and
other proprietary interests in any derivative works of the Software
that you create and any copies thereof, and Berkeley Lab does not
acquire any rights, express or implied, in such derivative works.

3.  NO MAINTENANCE OR SUPPORT; TREATMENT OF ENHANCEMENTS YOU CHOOSE TO
PROVIDE TO BERKELEY LAB.  Berkeley Lab is under no obligation
whatsoever to: (i) provide maintenance or support for the Software; or
(ii) notify you of bug fixes, patches, or upgrades to the features,
functionality or performance of the Software ("Enhancements") (if
any), whether developed by Berkeley Lab or third parties.  If, in its
sole discretion, Berkeley Lab makes an Enhancement 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.  You are under no obligation whatsoever to provide any
Enhancements to Berkeley Lab that you may develop over time; however,
if you choose to provide your Enhancements to Berkeley Lab in source
code form without contemporaneously requiring Berkeley Lab to enter
into a separate written license agreement for such Enhancements, then
you hereby grant Berkeley Lab a non-exclusive, royalty-free perpetual
license to install, use, modify, prepare derivative works, incorporate
into the Software or other computer software, distribute, and
sublicense your Enhancements or derivative works thereof, in binary
and source code form.

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 was granted by the U.S. Dept. 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.  CONFIDENTIALITY.  You agree to take appropriate steps to ensure
that the source code form of the Software remains confidential and is
protected against unauthorized disclosure, use, or release, and will
treat it with at least the same level of care as you would use to
protect and secure your own confidential information, but in any event
using no less than a reasonable standard of care.

6.  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.

7.  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.

8.  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.

9.  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 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.  Notwithstanding
any provision of this Agreement to the contrary, Sections 5 through 12
shall survive termination of this Agreement.

10.  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.

11.  NO ENDORSEMENT.  In accordance with California Education Code
Section 92000, you shall not use in advertising, publicity or other
promotional activities any name, trade name, trademark, or other
designation of the University of California, nor shall you so use
"Ernest Orlando Lawrence Berkeley National Laboratory" or "United
States Department of Energy" (including any contraction, abbreviation,
or simulation of any of the foregoing) without Berkeley Lab's prior
written consent.

12.  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 Lawrence Berkeley National Laboratory, Technology Transfer
Department, One Cyclotron Road, MS 90R1070, Berkeley, CA 94720, Attn:
Software Licensing or via e-mail at TTD@lbl.gov. (rev 010903)