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since 28 October 2005
NON-EXCLUSIVE, NON-TRANSFERABLE SOFTWARE LICENSE AGREEMENT
BY CLICKING THE "REGISTER ACCEPTANCE" BUTTON OR BY USING THE SOFTWARE AFTER
VIEWING THIS LICENSE, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT.
The California Institute of Technology ("CIT"), will provide you or your company ("LICENSEE") an executable version of
"MONitoring Agents Using a Large Integrated Service Architecture" - MonALISA - ("SOFTWARE"). The SOFTWARE is available
to LICENSEE on the following terms:
- CIT agrees to grant a non-commercial, nonexclusive, non-transferable, royalty-free license without the
right to sublicense to LICENSEE, and LICENSEE agrees to utilize the SOFTWARE for internal research purposes to the
LICENSEE only. LICENSEE will not sell or distribute SOFTWARE for any commercial purpose whatsoever. LICENSEE may
distribute SOFTWARE to other non-for-profit educational research institutions for non-commercial research purposes only.
- The SOFTWARE is experimental in nature and is being licensed "as is". The license of the SOFTWARE does not
include any technical support.
- None of the SOFTWARE provided may be used in commercial products or services directly or indirectly unless
a license granting the right to use the SOFTWARE in commercial products or services is executed between CIT and LICENSEE.
LICENSEE agrees that it will not license or sell the SOFTWARE or any other software, information or data that incorporate
any part of the SOFTWARE, including derivative works thereof ("DERIVATIVES"), to any other parties.
- LICENSEE has not been granted any trademark license as part of this agreement and agrees not to use the name of CIT,
California Institute of Technology, or Caltech for any purpose whatsoever.
- CIT will consider all requests for a commercial license, but shall be under no obligation to grant such license.
- LICENSEE agrees that any person within the LICENSEE utilizing the SOFTWARE will be advised of, and is subject to,
the conditions in the Agreement.
- LICENSEE agrees that it will provide CIT with any modifications made to SOFTWARE by LICENSEE.
- NO WARRANTY:
THE SOFTWARE AND/OR RELATED MATERIALS ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ANY WARRANTIES OF
PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE (AS SET FORTH IN UCC 23212-2313) OR
FOR ANY PURPOSE WHATSOEVER, FOR THE LICENSED PRODUCT, HOWEVER USED.
IN NO EVENT SHALL CALTECH BE LIABLE FOR ANY DAMAGES AND/OR COSTS, INCLUDING BUT NOT LIMITED TO INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF
WHETHER CALTECH SHALL BE ADVISED, HAVE REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY.
LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF THE SOFTWARE AND/OR RELATED MATERIALS.
- All right, title, and interest in and to all data, information, and inventions that result from use of the SOFTWARE by
the LICENSEE shall vest in and belong to the LICENSEE. LICENSEE agrees to grant CIT a royalty-free license to use SOFTWARE
for educational research purposes. LICENSEE also agrees to acknowledge the CIT in publications that reference the software.
- This Agreement will be governed by the laws of the State of California, and any action brought hereunder shall be within
the state of California.
- This Agreement will expire ten (10) years from today's date. Upon expiration, the LICENSEE will return any remaining
SOFTWARE or will certify destruction of the SOFTWARE.
- If at any time after LICENSEE has received the SOFTWARE, LICENSEE has reason to transfer the SOFTWARE or product
incorporating the SOFTWARE to its subsidiary, associated or related company, either within or outside of the United
States, LICENSEE shall immediately notify CIT of such fact before executing the delivery. When exporting CIT SOFTWARE
or product incorporating such SOFTWARE, LICENSEE shall have sole responsibility for complying with all applicable
federal export laws and statutes.