1 | The Mesoscale Microstructure Simulation Project (MMSP) |
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2 | Copyright (c) 2010 Jason Gruber. All rights reserved. |
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3 | |
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4 | LICENSE |
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5 | |
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6 | 1. By using and/or opening any packaging enclosing this |
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7 | software, expanding any compressed file containing this |
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8 | software or by utilizing this software, you agree to be |
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9 | bound by the terms of this license agreement. |
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10 | |
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11 | 2. The software, documentation and any other materials |
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12 | accompanying this License whether on disk, in read only |
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13 | memory, on any other media or in any other form |
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14 | (collectively the "Software") are licensed, not sold, to you |
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15 | by Jason Gruber, as well as his respective members, |
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16 | agents, directors, officers, servants and representatives, |
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17 | if any, (collectively "Licensor") for use only under the |
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18 | terms of this License, and Licensor reserves all rights not |
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19 | expressly granted to you. The rights granted herein are |
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20 | limited to Licensor's intellectual property rights in the |
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21 | Software and do not include any other patents or |
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22 | intellectual property rights. You own the media on which the |
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23 | Software is recorded but Licensor retains ownership of the |
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24 | Software itself. The rights granted under the terms of this |
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25 | License include any software upgrades that replace and/or |
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26 | supplement the original Software product, unless such |
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27 | upgrade contains a separate license. |
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28 | |
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29 | 3. Permission is hereby granted, free of charge, to any |
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30 | person obtaining a copy of the Software to use, copy, |
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31 | publish and distribute the Software, subject to the |
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32 | conditions of this License. |
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33 | |
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34 | 4. This license must be included with all copies of the |
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35 | Software, and may not be modified from its original format |
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36 | as created by the Licensor. The Software may not be |
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37 | distributed subject to any other license without written |
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38 | permission from Licensor. |
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39 | |
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40 | 5. This License is effective until terminated. Your rights |
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41 | under this License will terminate automatically without |
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42 | notice from Licensor if you fail to comply with any |
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43 | term(s) of this License. Upon the termination of this |
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44 | License, you shall cease all use of the Software and destroy |
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45 | all copies of it, whether full or partial. |
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46 | |
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47 | 6. Selling or charging a fee for the Software is prohibited |
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48 | without written permission from Licensor. |
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49 | |
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50 | 7. The Software, in whole or in part, may not be |
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51 | incorporated with or into any other software product without |
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52 | written permission from Licensor. |
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53 | |
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54 | 8. You expressly acknowledge and agree that use of the |
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55 | software is at your sole risk and that the entire risk as to |
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56 | satisfactory quality, performance, accuracy and effort is |
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57 | with you. Licensor does not warrant against interference |
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58 | with your enjoyment of the software, that the functions |
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59 | contained in the software will meet your requirements, that |
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60 | the operation of the software will be uninterrupted or |
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61 | error-free, or that defects in the software will be |
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62 | corrected. Should the software prove defective, you assume |
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63 | the entire cost of all necessary servicing, repair or |
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64 | correction. |
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65 | |
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66 | 9. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY |
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67 | KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE |
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68 | WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR |
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69 | PURPOSE AND NONINFRINGEMENT. No oral or written advice given |
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70 | by Licensor or by an authorized representative of Licensor |
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71 | shall create a warranty. |
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72 | |
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73 | 10. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL |
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74 | THE LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER |
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75 | LIABILITY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, OR |
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76 | ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES |
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77 | WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS |
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78 | OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER |
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79 | COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO |
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80 | YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, |
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81 | REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR |
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82 | OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE |
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83 | POSSIBILITY OF SUCH DAMAGES. |
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84 | |
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85 | 11. THIS SOFTWARE IS NOT INTENDED FOR USE IN ANY APPLICATION |
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86 | IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, |
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87 | PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. |
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88 | |
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89 | 12. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED |
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90 | WARRANTIES, LIABILITY OR LIMITATIONS ON APPLICABLE STATUTORY |
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91 | RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND |
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92 | LIMITATIONS MAY NOT APPLY TO YOU. IF SUCH EXCLUSIONS FROM |
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93 | LIABILITY APPLY TO YOU, DO NOT USE THIS SOFTWARE. |
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94 | |
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95 | 13. In no event shall Licensor's total liability to you for |
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96 | all damages exceed the amount of $50.00. The foregoing |
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97 | limitations will apply even if the above stated remedy fails |
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98 | in its essential purpose. |
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99 | |
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100 | 14. This License constitutes the entire agreement between |
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101 | the parties with respect to the use of the Software licensed |
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102 | hereunder and supersedes all prior or contemporaneous |
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103 | understandings regarding such subject matter. No amendment |
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104 | to or modification of this License will be binding unless in |
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105 | writing and signed by Licensor. Any translation of this |
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106 | License is done for local requirements and in the event of a |
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107 | dispute between the English and any non-English versions, |
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108 | the English version of this License shall govern. |
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109 | |
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110 | 15. This License will be governed by and construed in |
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111 | accordance with the laws of the Netherlands, as applied to |
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112 | agreements entered into and to be performed entirely within |
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113 | the Netherlands between Dutch residents. This License shall |
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114 | not be governed by the United Nations Convention on |
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115 | Contracts for the International Sale of Goods, the |
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116 | application of which is expressly excluded. |
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117 | |
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118 | 16. If for any reason a court of competent jurisdiction |
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119 | finds any provision, or portion thereof, to be |
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120 | unenforceable, the remainder of this License shall continue |
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121 | in full force and effect. |
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122 | |
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123 | U.S. GOVERNMENT RESTRICTED RIGHTS |
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124 | The Software and documentation are provided with RESTRICTED |
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125 | RIGHTS. Use, duplication, or disclosure by the Government is |
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126 | subject to restrictions as set forth in subparagraph |
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127 | (c)(1)(ii) of the Rights in Technical Data and Computer |
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128 | Software clause at DFARS 252.227-7013 or subparagraphs |
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129 | (c)(1) and (2) of the Commercial Computer Software- |
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130 | Restricted Rights at 48 CFR 52.227-19, as applicable. |
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