BY CLICKING ON THE "I AGREE" BUTTON AND/OR USING THIS SOFTWARE, YOU REPRESENT AND WARRANT THAT YOU FULLY UNDERSTAND AND AGREE TO COMPLY WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, AND THAT FAILURE TO ABIDE BY THESE TERMS AND CONDITIONS MAY RESULT IN LEGAL ACTION AGAINST YOU. IF YOU HAVE ANY QUESTIONS AS TO THESE TERMS AND CONDITIONS, WE ENCOURAGE YOU TO SEEK INDEPENDENT COUNSEL PRIOR TO CLICKING ON THE "I AGREE" BUTTON. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT CLICK THE "I AGREE" BUTTON AND YOU MAY NOT USE OR INSTALL THE SOFTWARE.
AGREEMENT: These terms and conditions constitute a legally binding agreement ("AGREEMENT") between (a) you, the "LICENSEE," and (b) Carnegie Mellon University acting through its Software Engineering Institute ("SEI"). As used in this AGREEMENT, "SOFTWARE" collectively means Copper and any and all THIRD PARTY SOFTWARE (as defined below) made available with it.
COPYRIGHT NOTICE: Portions of Copper created by the SEI are © 2006 Carnegie Mellon University. Copyright to any and all THIRD PARTY SOFTWARE remains with the respective THIRD PARTY LICENSORS.
THIRD PARTY LICENSORS: Copper includes and/or makes use of certain third party software ("THIRD PARTY SOFTWARE"). Licensee agrees to comply with any and all the Third Party Software terms and conditions listed below. The parties who own the Third Party Software ("THIRD PARTY LICENSORS") are intended third party beneficiaries to this AGREEMENT with respect to the terms applicable to their Third Party Software. As used in this AGREEMENT, "LICENSORS" collectively means the SEI and any and all THIRD PARTY LICENSORS.
RESERVATION OF OWNERSHIP AND GRANT OF LICENSE: SEI hereby grants to LICENSEE a non-exclusive, non-transferable, non-sublicensable license to use the SOFTWARE solely for LICENSEE'S personal, internal purposes. LICENSEE agrees to use its best efforts to protect the SOFTWARE from unauthorized use, reproduction, distribution, or publication. Ownership of the SOFTWARE remains with the SEI and any and all respective THIRD PARTY LICENSORS, and any and all rights not expressly granted to LICENSEE under this AGREEMENT are reserved to the applicable LICENSORS.
USES NOT PERMITTED: LICENSEE may not copy, modify, sell, rent, lease, sublicense, lend, time-share or transfer, or provide third parties access to, any or all of the SOFTWARE.
LICENSEE is not granted any trademark license as part of this Agreement and may not use any names or trademarks of any LICENSOR without the applicable LICENSOR's prior written consent. Without limiting the general nature of the prior sentence, LICENSEE shall not use the name or mark "Copper," "Carnegie Mellon," "CERT," "SEI," or any renditions thereof without the prior written permission of the SEI. To request such permission, please contact permission@sei.cmu.edu.
NO WARRANTY: ANY AND ALL INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY AND OTHER PROPERTY AND RIGHTS GRANTED AND/OR PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING THE SOFTWARE, ARE GRANTED AND/OR PROVIDED ON AN "AS IS" BASIS. NEITHER THE SEI NOR ANY OTHER LICENSOR MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED BY THE LICENSORS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONE OF THE LICENSORS MAKES ANY WARRANTY OF ANY KIND RELATING TO EXCLUSIVITY, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, FREEDOM FROM PATENT, TRADEMARK AND COPYRIGHT INFRINGEMENT AND/OR FREEDOM FROM THEFT OF TRADE SECRETS. LICENSEE IS PROHIBITED FROM MAKING ANY EXPRESS OR IMPLIED WARRANTY TO ANY THIRD PARTY ON BEHALF OF ANY LICENSOR RELATING TO ANY MATTER, INCLUDING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED FROM THE INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER PROPERTY OR RIGHTS, INCLUDING THE SOFTWARE, GRANTED AND/OR PROVIDED PURSUANT TO THIS AGREEMENT.
LIMITATION ON DAMAGES: NO LICENSOR SHALL BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY REASON WHATSOVER ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY BREACH OF THIS AGREEMENT) FOR LOSS OF PROFITS OR FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NO LICENSOR SHALL BE LIABLE FOR ANY DIRECT DAMAGES UNDER THIS AGREEMENT AND LICENSEE'S EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE TO CEASE USING THE SOFTWARE.
INDEMNIFICATION: LICENSEE hereby agrees to defend, indemnify, and hold harmless the SEI, all THIRD PARTY LICENSORS, and their respective trustees, directors, officers, employees, agents, attorneys, successors and assigns from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees and costs) incurred by and/or imposed upon any and/or all LICENSORS in connection with any claim, suit, action or demand arising out of or relating to any exercise of any right or license granted or provided to LICENSEE under this AGREEMENT, including use of the SOFTWARE, under any theory of liability (including without limitation, actions in the form of tort, warranty, or strict liability, or violation of any law, and regardless of whether such action has any factual basis).
EXPORT: LICENSEE agrees to comply with any and all applicable U.S. export control laws, regulations, and/or other laws related to embargoes and sanction programs administered by the Office of Foreign Assets Control with respect to its use of the SOFTWARE.
ASSIGNMENT: LICENSEE may not assign this AGREEMENT or its rights hereunder without the prior written consent of any and all applicable LICENSORS. Any attempted assignment without such consent shall be null and void.
TERM: The term of the license granted by this AGREEMENT will continue until terminated as provided below.
TERMINATION: The AGREEMENT automatically terminates without notice if LICENSEE fails to comply with any provision of this Agreement (including but not limited to any or all of the THIRD PARTY SOFTWARE terms listed below). In addition, any and all licenses to THIRD PARTY SOFTWARE automatically terminate to the extent SEI's right to use such THIRD PARTY SOFTWARE terminates. LICENSEE may also terminate this AGREEMENT by ceasing using the SOFTWARE. Upon any termination of this AGREEMENT, LICENSEE will delete any and all copies of the SOFTWARE. The parties hereby agree that all provisions which operate to protect the proprietary rights of the SEI and the THIRD PARTY LICENSORS 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.
SUPPORT AND MAINTENANCE: No SOFTWARE support or training is provided as part of this Agreement.
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 any 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 & DISPUTES: All claims and/or controversies of every kind and nature arising out of or relating to this AGREEMENT, including any questions concerning its existence, negotiation, validity, meaning, performance, non-performance, breach, continuance or termination shall be settled (1) at SEI's election, by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and, in such case (a) the arbitration proceedings shall be conducted before a panel of three arbitrators, with each party selecting one disinterested arbitrator from a list submitted by the AAA and the two disinterested arbitrators selecting a third arbitrator from the list, (b) each party shall bear its own costs of arbitration, (c) all arbitration hearings shall be conducted in Allegheny County, Pennsylvania, and (d) the provisions hereof shall be a complete defense to any suit, action or proceeding instituted in any Federal, state or local court or before any administrative tribunal with respect to any claim or controversy arising out of or relating to this AGREEMENT and which is arbitrable as provided in this AGREEMENT, provided that either party may seek injunctive relief in a court of law or equity to asset, protect or enforce its rights in any intellectual property and/or confidential or proprietary information as described in this AGREEMENT, or (2) in the event that SEI does not elect binding arbitration as permitted in point (1) above, exclusively in the United States District Court for the Western District of Pennsylvania or, if such Court does not have jurisdiction, in any court of general jurisdiction in Allegheny County, Pennsylvania and each party consents to the exclusive jurisdiction of any such courts and waives any objection which such party may have to the laying of venue in any such courts. Notwithstanding anything to the contrary in the foregoing, LICENSEE agrees that to the extent any disputes or actions involve THIRD PARTY SOFTWARE and/or THIRD PARTY LICENSORS, LICENSEE agrees to comply with any and all applicable choice of law and venue provisions referenced in the applicable THIRD PARTY SOFTWARE license terms below at the request of either SEI and/or the applicable THIRD PARTY LICENSOR.
ENTIRE AGREEMENT: This AGREEMENT (including the THIRD PARTY SOFTWARE terms listed below) constitutes the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto.
GOVERNMENT RIGHTS: Copper was created in the performance of Federal Government Contract Number F19628-00-C-0003 with Carnegie Mellon University for the operation of the Software Engineering Institute, a federally funded research and development center. The Government of the United States has a royalty-free government-purpose license to use, duplicate, or disclose Copper, in whole or in part and in any manner, and to have or permit others to do so, for government purposes pursuant to the copyright license under the clause at 252.227-7013.
BY CLICKING THE "I AGREE" BUTTON, YOU ALSO HEREBY AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF ALL THIRD PARTY AGREEMENTS CONTAINED WITHIN.
I. CIL
Copyright (c) 2001-2005,
George C. Necula (necula@cs.berkeley.edu)
Scott McPeak (smcpeak@cs.berkeley.edu)
Wes Weimer
(weimer@cs.berkeley.edu)
Ben Liblit (liblit@cs.wisc.edu)
All rights
reserved.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
II. Simplify:
Java Programming Toolkit software license
Software License Agreement
This software, and other information, is protected by copyright laws and international treaties. Hewlett-Packard Company, and its subsidiary Hewlett-Packard Development Company, L.P., (collectively "HP") reserves all rights except those expressly granted below.
Copyright by Hewlett-Packard Company. 1995 - 2003
HP does not warrant the accuracy or completeness of the software and other information. This software and other information may have errors or other defects. Any use made of, or reliance on, such information is entirely at user's own risk.
The software and other information is furnished "as is" without any expressed or implied warranty of any kind. All implied warranties of merchantability and fitness for a purpose are disclaimed. HP shall not be liable for any direct, indirect, special, incidental or consequential damages arising out of any use of the software and other information.
The latest version of this agreement can be found at:
http://www.hpl.hp.com/downloads/crl/jtk/agreement.html
For inquiries please contact: Hewlett-Packard Company
BY CLICKING THE "I AGREE" BUTTON, YOU HEREBY AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY CLICKING THE "I AGREE" BUTTON, YOU ALSO HEREBY AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF ALL THIRD PARTY AGREEMENTS CONTAINED WITHIN.