| CNRI OPEN SOURCE LICENSE AGREEMENT FOR QUIXOTE-2.4 |
| |
| IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY COPYING, |
| INSTALLING OR OTHERWISE USING QUIXOTE-2.4 SOFTWARE, YOU ARE DEEMED TO |
| HAVE AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE |
| AGREEMENT. |
| |
| 1. This LICENSE AGREEMENT is between Corporation for National Research |
| Initiatives, having an office at 1895 Preston White Drive, Reston, VA |
| 20191 ("CNRI"), and the Individual or Organization ("Licensee") |
| copying, installing or otherwise using Quixote-2.4 software in source |
| or binary form and its associated documentation ("Quixote-2.4"). |
| |
| 2. Subject to the terms and conditions of this License Agreement, CNRI |
| hereby grants Licensee a nonexclusive, royalty-free, world-wide |
| license to reproduce, analyze, test, perform and/or display publicly, |
| prepare derivative works, distribute, and otherwise use Quixote-2.4 |
| alone or in any derivative version, provided, however, that CNRI's |
| License Agreement and CNRI's notice of copyright, i.e., "Copyright © |
| 2005 Corporation for National Research Initiatives; All Rights |
| Reserved" are retained in Quixote-2.4 alone or in any derivative |
| version prepared by Licensee. |
| |
| |
| 3. In the event Licensee prepares a derivative work that is based on |
| or incorporates Quixote-2.4, or any part thereof, and wants to make |
| the derivative work available to others as provided herein, then |
| Licensee hereby agrees to include in any such work a brief summary of |
| the changes made to Quixote-2.4. |
| |
| 4. CNRI is making Quixote-2.4 available to Licensee on an "AS IS" |
| basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR |
| IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND |
| DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS |
| FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF QUIXOTE-2.4 WILL NOT |
| INFRINGE ANY THIRD PARTY RIGHTS. |
| |
| 5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF |
| QUIXOTE-2.4 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR |
| LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING |
| QUIXOTE-2.4, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE |
| POSSIBILITY THEREOF. |
| |
| 6. This License Agreement will automatically terminate upon a material |
| breach of its terms and conditions. |
| |
| 7. This License Agreement shall be governed by the federal |
| intellectual property law of the United States, including without |
| limitation the federal copyright law, and, to the extent such |
| U.S. federal law does not apply, by the law of the Commonwealth of |
| Virginia, excluding Virginia's conflict of law |
| provisions. Notwithstanding the foregoing, with regard to derivative |
| works based on Quixote-2.4 that incorporate non-separable material |
| that was previously distributed under the GNU General Public License |
| (GPL), the law of the Commonwealth of Virginia shall govern this |
| License Agreement only as to issues arising under or with respect to |
| Paragraphs 4, 5, and 7 of this License Agreement. Nothing in this |
| License Agreement shall be deemed to create any relationship of |
| agency, partnership, or joint venture between CNRI and Licensee. This |
| License Agreement does not grant permission to use CNRI trademarks or |
| trade name in a trademark sense to endorse or promote products or |
| services of Licensee, or any third party. |
| |
| 8. By copying, installing or otherwise using Quixote-2.4, Licensee |
| agrees to be bound by the terms and conditions of this License |
| Agreement. |