| RaySt3R | |
| SOFTWARE LICENSE AGREEMENT | |
| ACADEMIC OR NON-PROFIT ORGANIZATION NONCOMMERCIAL RESEARCH | |
| USE ONLY | |
| BY USING OR DOWNLOADING THE SOFTWARE, YOU ARE AGREEING TO | |
| THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH | |
| THESE TERMS, YOU MAY NOT USE OR DOWNLOAD THE SOFTWARE. | |
| This is a license agreement ("Agreement") between your academic institution or non- | |
| profit organization or self (called "Licensee" or "You" in this Agreement) and Carnegie | |
| Mellon University (called "Licensor" in this Agreement). All rights not specifically | |
| granted to you in this Agreement are reserved for Licensor. | |
| RESERVATION OF OWNERSHIP AND GRANT OF LICENSE: | |
| Licensor retains exclusive ownership of any copy of the Software (as defined below) | |
| licensed under this Agreement and hereby grants to Licensee a personal, non-exclusive, | |
| non-transferable license to use the Software for noncommercial research purposes, | |
| without the right to sublicense, pursuant to the terms and conditions of this Agreement. | |
| As used in this Agreement, the term "Software" means (i) the actual copy of all or any | |
| portion of code for program routines made accessible to Licensee by Licensor pursuant to | |
| this Agreement, inclusive of backups, updates, and/or merged copies permitted hereunder | |
| or subsequently supplied by Licensor, including all or any file structures, programming | |
| instructions, user interfaces and screen formats and sequences as well as any and all | |
| documentation and instructions related to it, and (ii) all or any derivatives and/or | |
| modifications created or made by You to any of the items specified in (i). | |
| CONFIDENTIALITY: Licensee acknowledges that the Software is proprietary to | |
| Licensor, and as such, Licensee agrees to receive all such materials in confidence and use | |
| the Software only in accordance with the terms of this Agreement. Licensee agrees to | |
| use reasonable effort to protect the Software from unauthorized use, reproduction, | |
| distribution, or publication. | |
| COPYRIGHT: The Software is owned by Licensor and is protected by United | |
| States copyright laws and applicable international treaties and/or conventions. | |
| PERMITTED USES: The Software may be used for your own noncommercial internal | |
| research purposes. You understand and agree that Licensor is not obligated to implement | |
| any suggestions and/or feedback you might provide regarding the Software, but to the | |
| extent Licensor does so, you are not entitled to any compensation related thereto. | |
| DERIVATIVES: You may create derivatives of or make modifications to the Software, | |
| however, You agree that all and any such derivatives and modifications will be owned by | |
| Licensor and become a part of the Software licensed to You under this Agreement. You | |
| may only use such derivatives and modifications for your own noncommercial internal | |
| research purposes, and you may not otherwise use, distribute or copy such derivatives and modifications in violation of this Agreement. You must provide to Licensor one copy | |
| of all such derivatives and modifications in a recognized electronic format by way of | |
| electronic mail sent to Bardienus Pieter Duisterhof at [email protected] | |
| within thirty (30) days of the publication date of any publication that relates to any such | |
| derivatives or modifications. You understand that Licensor is not obligated to distribute | |
| or otherwise make available any derivatives or modifications provided by You. | |
| BACKUPS: If Licensee is an organization, it may make that number of copies of the | |
| Software necessary for internal noncommercial use at a single site within its organization | |
| provided that all information appearing in or on the original labels, including the | |
| copyright and trademark notices are copied onto the labels of the copies. | |
| USES NOT PERMITTED: You may not distribute, copy or use the Software except as | |
| explicitly permitted herein. Licensee has not been granted any trademark license as part | |
| of this Agreement and may not use the name or mark "RaySt3R" "Carnegie Mellon" or any renditions thereof without the prior written | |
| permission of Licensor. | |
| You may not sell, rent, lease, sublicense, lend, time-share or transfer, in whole or in part, | |
| or provide third parties access to prior or present versions (or any parts thereof) of the | |
| Software. | |
| ASSIGNMENT: You may not assign this Agreement or your rights hereunder without | |
| the prior written consent of Licensor. Any attempted assignment without such consent | |
| shall be null and void. | |
| TERM: The term of the license granted by this Agreement is from Licensee's acceptance | |
| of this Agreement by clicking "I Agree" below or by using the Software until terminated | |
| as provided below. | |
| The Agreement automatically terminates without notice if you fail to comply with any | |
| provision of this Agreement. Licensee may terminate this Agreement by ceasing using | |
| the Software. Upon any termination of this Agreement, Licensee will delete any and all | |
| copies of the Software. You agree that all provisions which operate to protect the | |
| proprietary rights of Licensor shall remain in force should breach occur and that the | |
| obligation of confidentiality described in this Agreement is binding in perpetuity and, as | |
| such, survives the term of the Agreement. | |
| FEE: Provided Licensee abides completely by the terms and conditions of this | |
| Agreement, there is no fee due to Licensor for Licensee's use of the Software in | |
| accordance with this Agreement. | |
| DISCLAIMER OF WARRANTIES: THE SOFTWARE IS PROVIDED "AS-IS" | |
| WITHOUT WARRANTY OF ANY KIND INCLUDING ANY WARRANTIES OF | |
| PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR | |
| USE OR PURPOSE OR OF NON-INFRINGEMENT. LICENSEE BEARS ALL RISK | |
| RELATING TO QUALITY AND PERFORMANCE OF THE SOFTWARE AND | |
| RELATED MATERIALS. | |
| SUPPORT AND MAINTENANCE: No Software support or training by the Licensor is | |
| provided as part of this Agreement. | |
| EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY: To the maximum extent | |
| permitted under applicable law, Licensor shall not be liable for direct, indirect, special, | |
| incidental, or consequential damages or lost profits related to Licensee's use of and/or | |
| inability to use the Software, even if Licensor is advised of the possibility of such | |
| damage. | |
| EXPORT REGULATION: You agree to comply with any and all applicable U.S. export | |
| control laws, regulations, and/or other laws related to the embargoes and sanction | |
| programs administered by the U.S. Office of Foreign Assets Control. You may not export | |
| or re-export the technology with individuals or companies on the U.S. Department of | |
| Commerce, Department of State or Department of Treasury denied party lists | |
| https://www.trade.gov/consolidated-screening-list . You represent and warrant that | |
| Licensee is not an individual or company listed on such denied party lists. | |
| SEVERABILITY: If any provision(s) of this Agreement shall be held to be invalid, | |
| illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the | |
| validity, legality and enforceability of the remaining provisions shall not in any way be | |
| affected or impaired thereby. | |
| NO IMPLIED WAIVERS: No failure or delay by Licensor in enforcing any right or | |
| remedy under this Agreement shall be construed as a waiver of any future or other | |
| exercise of such right or remedy by Licensor. | |
| GOVERNING LAW: This Agreement shall be construed and enforced in accordance | |
| with the laws of the Commonwealth of Pennsylvania without reference to conflict of laws | |
| principles. You consent to the personal jurisdiction of the courts of this County and | |
| waive their rights to venue outside of Allegheny County, Pennsylvania. | |
| ENTIRE AGREEMENT AND AMENDMENTS: This Agreement constitutes the sole | |
| and entire agreement between Licensee and Licensor as to the matter set forth herein and | |
| supersedes any previous agreements, understandings, and arrangements between the | |
| parties relating hereto. |