path: root/trlan-license.txt

Software: TRLan (LBNL Case No. 2108)   Version: v. 1

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 or the public that you may develop over time; however, if you
choose to provide your Enhancements to Berkeley Lab, or if you choose to
otherwise publish or distribute your Enhancements, in source code form
without contemporaneously requiring end users or 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.	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 11 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. (rev 010903)