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University of Utah Research Foundation Public License [1995] PubRL 18 (1 January 1995)

University of Utah Research Foundation Public License

Version: No

Copyright: No

URL: http://www.cs.utah.edu/~gk/teem/txt/LICENSE.txt

Type: Software

Media: Software

Country: USA

Licence text

1. Definitions

1.1 "Commercial Use" means covered code utilized by USER to generate a

revenue stream, including but not limited to, embedding the source

code in USER's proprietary software, executable software, or

consulting utilizing the source code.

1.2 "Contributor" means each entity that creates or contributes to the

creation of Modifications.

1.3 "Covered Code" means the Original Source Code, Modifications, or

the combination of the Original Source Code and Modifications, in

each case including portions thereof. The Original Source Code,

developed by the University of Utah, hereinafter referred to as

UNIVERSITY is described in the Source Code notice required by

Exhibit A.

1.4 "Source Code" means the preferred form of the Covered Code for

making modifications to it, including all modules it contains, plus

any associated interface definition files, scripts used to control

compilation and installation of an Executable, or a list of source

code differential comparisons against either the Original Source

Code or another well known, available Covered Code of the

Contributor's choice. The Source Code can be in a compressed or

archival form, provided the appropriate decompression or

de-archiving software is widely available for no charge.

1.5 "Electronic Distribution Mechanism" means a mechanism generally

accepted in the software development community for the electronic

transfer of data.

1.6 "Larger Work" means a work, which combines Covered Code or

portions thereof with code not governed by the terms of this

License.

1.7 "License" means this document.

1.8 "Licensable" means having the right to grant, to the maximum

extent possible, whether at the time of the initial grant or

subsequently acquired, any and all rights conveyed herein.

1.9 "Modifications" means any addition to or deletion from the

substance or structure of either the Original Source Code or any

previous Modifications. When Covered Code is released as a series of

files, a Modification is:

(a) Any addition to or deletion from the contents of a file

containing Original Code or previous Modifications.

(b) Any new file that contains any part of the Original Code or

previous Modifications

1.10 "USER" (or "YOU") means an individual or a legal entity

exercising rights under, and complying with all of the terms of this

License. For legal entities, USER includes any entity, which

controls, is controlled by, or is under common control with You. For

purposes of this definition, "control" means (a) the power, direct

or indirect, to cause the direction or management of such entity,

whether by contract or otherwise, or (b) ownership of fifty percent

(50%) or more of the outstanding shares or beneficial ownership of

such entity.

2. Source Code License.

2.1 The Initial Developer Grant The UNIVERSITY hereby grants USER a

world-wide, royalty-free, non-exclusive license, subject to third

party intellectual property claims:

(a) to use, reproduce, modify, display, and perform, the Covered

Code (or portions thereof) with or without Modifications, or as part

of a Larger Work.; and

(b) under patents now or hereafter owned or controlled by

UNIVERSITY, to make, have made, and use ("Utilize") the Covered

Code(or portions thereof), but solely to the extent that any such

patent is reasonably necessary to enable USER to Utilize the Covered

Code (or portions thereof) and not to any greater extent that may be

necessary to Utilize further Modifications or combinations.

(c) the licenses granted in this Section 2.1(a) and (b) are

effective on the date the USER first receives Covered Code.

(d) No License is granted by UNIVERSITY for the Commercial Use of

Covered Code under this License.

(e) No License is granted by UNIVERSITY for the distribution of

Covered Code under this License.

2.2. Contributor Grant. Each Contributor hereby grants UNIVERSITY a

world-wide, royalty-free, non-exclusive license, subject to third

party intellectual property claims:

(a) to use, reproduce, modify, display, perform, sublicense and

distribute the Modifications created by such Contributor (or

portions thereof) either on an unmodified basis, with other

Modifications, as Covered Code or as part of a Larger Work; and

(b) under patents now or hereafter owned or controlled by

Contributor, to Utilize the Covered Code (or portions thereof), but

solely to the extent that any such patent is reasonably necessary to

enable USER to Utilize the Contributor Version (or portions

thereof), and not to any greater extent that may be necessary to

Utilize further Modifications or combinations.

(c) the licenses granted in this Section 2.2(a) and (b) are

effective on the date the UNIVERSITY first receives the Covered Code

3. Contributor Obligations

3.1. Intellectual Property Matters

(a) Third Party Claims. If USER has knowledge that a party claims an

intellectual property right in particular functionality or code (or

its utilization under this License), USER must include a text file

with the source code provided to UNIVERSITY titled "LEGAL" which

describes the claim and the party making the claim in sufficient

detail that UNIVERSITY will know whom to contact. If USER obtains

such knowledge after USER makes the Modification available to

UNIVERSITY, USER shall promptly modify the LEGAL file in all copies

USER makes available thereafter and shall notify UNIVERSITY that new

knowledge has been obtained.

(b) Contributor APIs. If Your Modification is an application

programming interface and USER owns or controls patents, which are

reasonably necessary to implement that API, you must also include

this information in the LEGAL file.

3.2. Required Notices. USER must duplicate the notice in Exhibit A in

each file of the Source Code, and this License in any documentation

for the Source Code, where USER describes recipients' rights

relating to Covered Code. If USER created one or more

Modification(s), USER may add name as a Contributor to the notice

described in Exhibit A. If it is not possible to put such notice in

a particular Source Code file due to its structure, then USER must

include such notice in a location (such as a relevant directory

file) where a user would be likely to look for such a notice.

3.3. Distribution of Executable Versions. - This license does not

allow distribution of the Covered Code by USER or Contributor.

3.4. Larger Works. USER may create a Larger Work by combining Covered

Code with other code not governed by the terms of this License. In

such a case, USER must make sure the requirements of this License

are fulfilled for the Covered Code including 2.1d and 2.1e.

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for USER to comply with any of the terms of this

License with respect to some or all of the Covered Code due to

statute or regulation then USER must:

(a) comply with the terms of this License to the maximum extent

possible; and

(b) describe the limitations and the code they affect. Such

description must be included in the LEGAL file described in Section

3.1 and must be included with all distributions of the Source

Code. Except to the extent prohibited by statute or regulation, such

description must be sufficiently detailed for a recipient of

ordinary skill to be able to understand it.

5. Application of this License.

This License applies to Covered Code attached to the notice in Exhibit A.

6. DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,

WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,

INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS

FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR

NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF

THE COVERED CODE IS WITH USER. SHOULD ANY COVERED CODE PROVE

DEFECTIVE IN ANY RESPECT, YOU (NOT THE UNIVERSITY OR ANY OTHER

CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR

CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL

PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED

HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

7. TERMINATION.

This License and the rights granted hereunder will terminate

automatically if USER fails to comply with terms herein. All

sublicenses to the Covered Code which are properly granted shall

survive any termination of this License. Provisions which, by their

nature, must remain in effect beyond the termination of this License

shall survive.

8. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT

(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE

UNIVERSITY, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED

CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO USER OR

ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER

FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR

LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE

POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT

APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH

PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH

LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION

AND LIMITATION MAY NOT APPLY TO USER.

9. U.S. GOVERNMENT END USERS,

The Covered Code is a "commercial item," as that term is defined in

48 C.F.R. 2.101 (Oct. 1995). consisting of "commercial computer

software" and "commercial computer software documentation," as such

terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48

C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June

1995), all U.S. Government End Users acquire Covered Code with only

those rights set forth herein.

10. MISCELLANEOUS.

This License represents the complete agreement concerning subject

matter hereof. Nothing in this AGREEMENT shall be construed as

conferring by implication, estoppel or otherwise any license or

rights other than those granted in this License. If any provision of

this License is held to be unenforceable, such provision shall be

reformed only to the extent necessary to make it enforceable. This

License shall be governed by Utah law provisions (except to the

extent applicable law, if any, provides otherwise). The application

of the United Nations Convention on Contracts for the International

Sale of Goods is expressly excluded. Any law or regulation which

provides that the language of a contract shall be construed against

the drafter shall not apply to this License.

EXHIBIT A.

The contents of this file are subject to the University of Utah Public

License (the "License"); you may not use this file except in

compliance with the License.

Software distributed under the License is distributed on an "AS IS"

basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See

the License for the specific language governing rights and limitations

under the License.

The Original Source Code is "teem", released March 23, 2001.

The Original Source Code was developed by the University of Utah.

Portions created by UNIVERSITY are Copyright (C) 2001, 1998 University

of Utah. All Rights Reserved.