SOURCE CODE LICENSE AGREEMENT
Software: BoxLib
Version: Oct. 12, 2000 Release
Copyright (C) 2000 Lawrence Berkeley National Laboratory
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, prepare derivative works, incorporate into other computer
software, and distribute 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"),
subject to the following terms and conditions: (i) any
distribution of the Software shall bind the receiver to the terms
and conditions of this Agreement; (ii) any distribution of the
Software in modified form shall clearly state that the Software
has been modified from the version originally obtained from
Berkeley Lab. 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; (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; (iii) if you incorporate the Software into other code,
you must provide notice that the code contains the Software and
include a copy of the copyright notices and other proprietary
notices. All copies of the Software shall be subject to the terms
of this Agreement. Subject to approval by the U.S. Department of
Energy: (a) 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 the generality of the
foregoing, Berkeley Lab and its licensors 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; 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) to 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
Berkeley Lab with Enhancements in source code form that you have
developed without contemporaneously requiring Berkeley Lab to
enter into a separate written license agreement, 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. 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 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 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. 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.
11. 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 90-1070, Berkeley, CA 94720,
Attn: Software Licensing or via e-mail at TTD@lbl.gov.
If you have any questions or feedback concerning this Software,
contact the Center for Computational Sciences and Engineering,
Lawrence Berkeley National Laboratory, One Cyclotron Road, MS
50A-1148, Berkeley, CA 94720 or via email at webmaster@mothra.lbl.gov.
Form rev000928
