| Moab Scheduling System - End User Open Source License |
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| This software is based on the Moab Scheduling System which was created by |
| Cluster Resources, Inc. |
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| Copyright (C) 1999-2005 Cluster Resources, Inc., all rights reserved. |
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| Moab Scheduling System is a trademark of Cluster Resources, Inc. |
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| This SOFTWARE is bound by an 'End User Open Source' LICENSE from Cluster |
| Resources Inc. The conditions of the 'End User Open Source' LICENSE include, |
| but are not limited to the conditions described below. |
| |
| THE SOFTWARE IS PROVIDED AS IS, AND CLUSTER RESOURCES, INC. (CRI) AND ALL |
| CONTRIBUTING PARTIES DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWARE, |
| WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED |
| WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER |
| CRI NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE |
| SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL |
| DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF CRI |
| HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT |
| SHALL CRI'S LIABILITY FOR ANY DAMAGES EXCEED THE CONSIDERATION PAID FOR THE |
| LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON OR |
| ENTITY USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE |
| OF THE SOFTWARE. |
| |
| By installing or using this SOFTWARE you are accepting a non-exclusive 'End |
| User Open Source' LICENSE from Cluster Resources Inc. and are bound to abide by the following conditions: |
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| 1. Inclusion of Notice and Disclaimer |
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| All copies of the SOFTWARE, whether or not for redistribution and whether |
| or not in source code or in binary form must include a conspicuous and |
| appropriate publication of the above copyright notice and disclaimer. |
| |
| 2. Usage |
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| Source and/or binary forms of this SOFTWARE may be used by any 'End User' |
| organization pursuant to the conditions of this and other associated LICENSES |
| at no charge and for an unlimited period of time. An 'End User' organization |
| is defined as an organization that is using this SOFTWARE on their own |
| systems and is not commercially redistributing, modifying, supporting, or |
| providing other services specific to this SOFTWARE to other organizations |
| for profit. |
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| 3. Modifications |
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| SOFTWARE may be freely modified by the 'End User' as necessary to meet the |
| needs of the 'End User' LICENSEE'S system. 'End User' may solicit the |
| services of Cluster Resources Inc. or 'Authorized Distribution and Services |
| Partners' of Cluster Resources Inc. that have received express prior written |
| authorization to redistribute, modify or provide services for SOFTWARE. |
| Available services include but are not limited to technical support, |
| training, consultation or optimization services. 'End User' may not |
| solicit or receive this SOFTWARE or services associated to the use, |
| customization, training, development, or support on this SOFTWARE from any |
| organization that is not an 'Authorized Distribution and Services Partner' |
| of Cluster Resources Inc. Any organization that desires to become an |
| 'Authorized Distribution and Services Partner' of Cluster Resources, Inc. |
| may contact us at support@clusterresources.com. 'End User' organizations |
| that desire services from Cluster Resources Inc., or an 'Authorized |
| Distribution and Services Partner' may contact us using the same email |
| listed above. |
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| 4. Distribution |
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| 'End User' organizations that are academic and government agencies may |
| redistribute this SOFTWARE subject to the condition that the distribution |
| contains conspicuous publication of the acknowledgement statement found |
| within the LICENSE agreement distributed with this SOFTWARE. |
| |
| Organizations that are not academic and government agencies including |
| commercial and other for-profit organizations may not redistribute this code |
| or derivations of this code in any form whatsoever, including parts of |
| SOFTWARE incorporated into other software programs without express written |
| permission from Cluster Resources, Inc. |
| |
| Redistribution of the SOFTWARE in any form whatsoever, including parts of |
| the code that are incorporated into other software programs, must include a |
| conspicuous and appropriate publication of the following acknowledgement: |
| |
| 'This product was developed by Cluster Resources, Inc. Moab Scheduling |
| System is a trademark of Cluster Resources, Inc.' |
| |
| Any redistribution or modification of the SOFTWARE must, when installed, |
| display the above language, the copyright notice, and the warranty |
| disclaimer. |
| |
| Each time the SOFTWARE (or any work based on the SOFTWARE) is |
| redistributed, the recipient must automatically receive this LICENSE, |
| copyright notice, and the warranty disclaimer as described in this license |
| agreement, which govern the ability to copy, distribute or modify the |
| SOFTWARE subject to these terms and conditions, and have the choice of |
| accepting or declining the LICENSE. |
| |
| As the LICENSEE, you shall automatically provide the recipient with a |
| copy of this LICENSE. Further restrictions are not to be imposed on |
| recipients of the SOFTWARE by the LICENSEE beyond those expressly described |
| herein. |
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| 5. Use of Modifications |
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| LICENSEES with a redistribution agreement that wish to distribute their |
| modifications (including government and academic institutions) must first |
| send a copy of the modifications along with a brief explanation of why the |
| modification was made and the resulting performance or functionality of the |
| modifications to Cluster Resources, Inc. at support@clusterresources.com. |
| Failure to send a copy of distributed modifications renders the LICENSE |
| invalid, as well as any LICENSES granted to third parties subsequent to the |
| incorporation of the modifications into SOFTWARE. Any such modification of |
| the SOFTWARE must, when installed, display the LICENSE, the copyright |
| notice, and the warranty disclaimer as described in the LICENSE agreement/s |
| distributed with this SOFTWARE. Those without a LICENSE to redistribute may |
| send modifications to Cluster Resources for evaluation and possible |
| incorporation into SOFTWARE. |
| |
| Copyright owners of modifications to SOFTWARE hereby grant Cluster |
| Resources, Inc. a non-exclusive, royalty-free, worldwide, irrevocable right |
| and LICENSE to install, use, distribute, sublicense, and prepare derivative |
| works of said modifications. Only organizations receiving an express prior |
| written exclusion to this condition are exempted from providing these |
| non-exclusive rights to Cluster Resources, Inc. |
| |
| 6. Communications about and Endorsement of SOFTWARE and Products/Software |
| Derived from the SOFTWARE |
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| The name 'Moab Scheduling System', 'Moab Scheduler', or any of its |
| variants must not otherwise be used to endorse or to promote products |
| derived from the SOFTWARE without prior written permission from CRI. |
| |
| Products derived from or incorporating the SOFTWARE in whole or in part |
| shall not contain as part of the product's name any form of the terms |
| 'Cluster Resources, Inc.', 'CRI', 'Moab', 'Moab Scheduling System', |
| 'Moab Scheduler', or 'Supercluster Development Group' unless prior written |
| permission has been received from Cluster Resources, Inc. |
| |
| All advertising materials for products that use or incorporate features of |
| the SOFTWARE must display the following acknowledgement: 'This product |
| includes software developed by Cluster Resources, Inc. for use in the Moab |
| Scheduling System.' |
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| 7. Acceptance of this LICENSE |
| |
| It is not required that you accept this LICENSE; however, if you do not |
| accept the terms of this LICENSE, you are prohibited by law from installing, |
| using, modifying or distributing the SOFTWARE or any of its derivative |
| works. Therefore, by installing, using, modifying or distributing the |
| SOFTWARE (or any of its derivative works), you have agreed to this LICENSE |
| and have accepted all its terms and conditions. |
| |
| If any portion of this LICENSE is held invalid or unenforceable under any |
| particular circumstance, the balance of the LICENSE will continue to apply. |
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