CNRI OPEN SOURCE LICENSE AGREEMENT FOR QUIXOTE-2.4 IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR OTHERWISE USING QUIXOTE-2.4 SOFTWARE, YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. 1. This LICENSE AGREEMENT is between Corporation for National Research Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191 ("CNRI"), and the Individual or Organization ("Licensee") copying, installing or otherwise using Quixote-2.4 software in source or binary form and its associated documentation ("Quixote-2.4"). 2. Subject to the terms and conditions of this License Agreement, CNRI hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Quixote-2.4 alone or in any derivative version, provided, however, that CNRI's License Agreement and CNRI's notice of copyright, i.e., "Copyright © 2005 Corporation for National Research Initiatives; All Rights Reserved" are retained in Quixote-2.4 alone or in any derivative version prepared by Licensee. 3. In the event Licensee prepares a derivative work that is based on or incorporates Quixote-2.4, or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Quixote-2.4. 4. CNRI is making Quixote-2.4 available to Licensee on an "AS IS" basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF QUIXOTE-2.4 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF QUIXOTE-2.4 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING QUIXOTE-2.4, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. 6. This License Agreement will automatically terminate upon a material breach of its terms and conditions. 7. This License Agreement shall be governed by the federal intellectual property law of the United States, including without limitation the federal copyright law, and, to the extent such U.S. federal law does not apply, by the law of the Commonwealth of Virginia, excluding Virginia's conflict of law provisions. Notwithstanding the foregoing, with regard to derivative works based on Quixote-2.4 that incorporate non-separable material that was previously distributed under the GNU General Public License (GPL), the law of the Commonwealth of Virginia shall govern this License Agreement only as to issues arising under or with respect to Paragraphs 4, 5, and 7 of this License Agreement. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee. This License Agreement does not grant permission to use CNRI trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party. 8. By copying, installing or otherwise using Quixote-2.4, Licensee agrees to be bound by the terms and conditions of this License Agreement.