| UT TACC Research License (Source Code) |
| |
| The Texas Advanced Computing Center of The University of Texas at Austin has |
| developed certain software and documentation that it desires to make available |
| without charge to anyone for academic, research, experimental or personal use. |
| This license is designed to guarantee freedom to use the software for these |
| purposes. If you wish to distribute or make other use of the software, you may |
| purchase a license to do so from the University of Texas. |
| |
| The accompanying source code is made available to you under the terms of this |
| UT TACC Research License (this "UTTRL"). By clicking the "ACCEPT" button, or by |
| installing or using the code, you are consenting to be bound by this UTTRL. If |
| you do not agree to the terms and conditions of this license, do not click the |
| "ACCEPT" button, and do not install or use any part of the code. |
| |
| The terms and conditions in this UTTRL not only apply to the source code made |
| available by UT TACC, but also to any improvements to, or derivative works of, |
| that source code made by you and to any object code compiled from such source |
| code, improvements or derivative works. |
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| 1. DEFINITIONS. |
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| 1.1 "Commercial Use" shall mean use of Software or Documentation by Licensee |
| for direct or indirect financial, commercial or strategic gain or advantage, |
| including without limitation: (a) bundling or integrating the Software with any |
| hardware product or another software product for transfer, sale or license to a |
| third party (even if distributing the Software on separate media and not |
| charging for the Software); (b) providing customers with a link to the Software |
| or a copy of the Software for use with hardware or another software product |
| purchased by that customer; or (c) use in connection with the performance of |
| services for which Licensee is compensated. |
| |
| 1.2 "Derivative Products" means any improvements to, or other derivative works |
| of, the Software made by Licensee. |
| |
| 1.3 "Documentation" shall mean all manuals, user documentation, and other |
| related materials pertaining to the Software that are made available to |
| Licensee in connection with the Software. |
| |
| 1.4 "Licensor" shall mean The University of Texas. |
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| 1.5 "Licensee" shall mean the person or entity that has agreed to the terms |
| hereof and is exercising rights granted hereunder. |
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| 1.6 "Software" shall mean the computer program(s) referred to as GotoBLAS made |
| available under this UTTRL in source code form, including any error |
| corrections, bug fixes, patches, updates or other modifications that Licensor |
| may in its sole discretion make available to Licensee from time to time, and |
| any object code compiled from such source code. |
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| 2. GRANT OF RIGHTS. |
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| Subject to the terms and conditions hereunder, Licensor hereby grants to |
| Licensee a worldwide, non-transferable, non-exclusive license to (a) install, |
| use and reproduce the Software for academic, research, experimental and |
| personal use (but specifically excluding Commercial Use); (b) use and modify |
| the Software to create Derivative Products, subject to Section 3.2; and (c) use |
| the Documentation, if any, solely in connection with Licensee's authorized use |
| of the Software. |
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| 3. RESTRICTIONS; COVENANTS. |
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| 3.1 Licensee may not: (a) distribute, sub-license or otherwise transfer copies |
| or rights to the Software (or any portion thereof) or the Documentation; (b) |
| use the Software (or any portion thereof) or Documentation for Commercial Use, |
| or for any other use except as described in Section 2; (c) copy the Software or |
| Documentation other than for archival and backup purposes; or (d) remove any |
| product identification, copyright, proprietary notices or labels from the |
| Software and Documentation. This UTTRL confers no rights upon Licensee except |
| those expressly granted herein. |
| |
| 3.2 Licensee hereby agrees that it will provide a copy of all Derivative |
| Products to Licensor and that its use of the Derivative Products will be |
| subject to all of the same terms, conditions, restrictions and limitations on |
| use imposed on the Software under this UTTRL. Licensee hereby grants Licensor a |
| worldwide, non-exclusive, royalty-free license to reproduce, prepare derivative |
| works of, publicly display, publicly perform, sublicense and distribute |
| Derivative Products. Licensee also hereby grants Licensor a worldwide, |
| non-exclusive, royalty-free patent license to make, have made, use, offer to |
| sell, sell, import and otherwise transfer the Derivative Products under those |
| patent claims licensable by Licensee that are necessarily infringed by the |
| Derivative Products. |
| |
| 4. PROTECTION OF SOFTWARE. |
| |
| 4.1 Confidentiality. The Software and Documentation are the confidential and |
| proprietary information of Licensor. Licensee agrees to take adequate steps to |
| protect the Software and Documentation from unauthorized disclosure or use. |
| Licensee agrees that it will not disclose the Software or Documentation to any |
| third party. |
| |
| 4.2 Proprietary Notices. Licensee shall maintain and place on any copy of |
| Software or Documentation that it reproduces for internal use all notices as |
| are authorized and/or required hereunder. Licensee shall include a copy of this |
| UTTRL and the following notice, on each copy of the Software and Documentation. |
| Such license and notice shall be embedded in each copy of the Software, in the |
| video screen display, on the physical medium embodying the Software copy and on |
| any Documentation: |
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| Copyright © The University of Texas, 2005. All right reserved. |
| UNIVERSITY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THIS SOFTWARE |
| AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY |
| PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES OF PERFORMANCE, AND ANY |
| WARRANTY THAT MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. |
| NO WARRANTY IS EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE USE OF THE |
| SOFTWARE OR DOCUMENTATION. Under no circumstances shall University be liable |
| for incidental, special, indirect, direct or consequential damages or loss of |
| profits, interruption of business, or related expenses which may arise from use |
| of Software or Documentation, including but not limited to those resulting from |
| defects in Software and/or Documentation, or loss or inaccuracy of data of any |
| kind. |
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| 5. WARRANTIES. |
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| 5.1 Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE |
| SOFTWARE AND DOCUMENTATION ARE BEING PROVIDED ON AN "AS IS" BASIS WITHOUT ANY |
| WARRANTIES OF ANY KIND RESPECTING THE SOFTWARE OR DOCUMENTATION, EITHER EXPRESS |
| OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, |
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. |
| |
| 5.2 Limitation of Liability. UNDER NO CIRCUMSTANCES UNLESS REQUIRED BY |
| APPLICABLE LAW SHALL LICENSOR BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, |
| DIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, INTERRUPTION OF BUSINESS, |
| OR RELATED EXPENSES WHICH MAY ARISE AS A RESULT OF THIS LICENSE OR OUT OF THE |
| USE OR ATTEMPT OF USE OF SOFTWARE OR DOCUMENTATION INCLUDING BUT NOT LIMITED TO |
| THOSE RESULTING FROM DEFECTS IN SOFTWARE AND/OR DOCUMENTATION, OR LOSS OR |
| INACCURACY OF DATA OF ANY KIND. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL |
| APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT |
| (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER GROUNDS. |
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| 6. INDEMNIFICATION. |
| |
| Licensee shall indemnify, defend and hold harmless Licensor, the University of |
| Texas System, their Regents, and their officers, agents and employees from and |
| against any claims, demands, or causes of action whatsoever caused by, or |
| arising out of, or resulting from, the exercise or practice of the license |
| granted hereunder by Licensee, its officers, employees, agents or |
| representatives. |
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| 7. TERMINATION. |
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| If Licensee breaches this UTTRL, Licensee\'s right to use the Software and |
| Documentation will terminate immediately without notice, but all provisions of |
| this UTTRL except Section 2 will survive termination and continue in effect. |
| Upon termination, Licensee must destroy all copies of the Software and |
| Documentation. |
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| 8. GOVERNING LAW; JURISDICTION AND VENUE. |
| |
| The validity, interpretation, construction and performance of this UTTRL shall |
| be governed by |