root/MMSP/MMSP.licence.txt

Revision 101, 5.9 kB (checked in by gruber, 2 years ago)

Added MMSP licence

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1The Mesoscale Microstructure Simulation Project (MMSP)
2Copyright (c) 2010 Jason Gruber. All rights reserved.
3
4LICENSE
5
61. By using and/or opening any packaging enclosing this
7software, expanding any compressed file containing this
8software or by utilizing this software, you agree to be
9bound by the terms of this license agreement.
10
112. The software, documentation and any other materials
12accompanying this License whether on disk, in read only
13memory, on any other media or in any other form
14(collectively the "Software") are licensed, not sold, to you
15by Jason Gruber, as well as his respective members,
16agents, directors, officers, servants and representatives,
17if any, (collectively "Licensor") for use only under the
18terms of this License, and Licensor reserves all rights not
19expressly granted to you. The rights granted herein are
20limited to Licensor's intellectual property rights in the
21Software and do not include any other patents or
22intellectual property rights. You own the media on which the
23Software is recorded but Licensor retains ownership of the
24Software itself. The rights granted under the terms of this
25License include any software upgrades that replace and/or
26supplement the original Software product, unless such
27upgrade contains a separate license.
28
293. Permission is hereby granted, free of charge, to any
30person obtaining a copy of the Software to use, copy,
31publish and distribute the Software, subject to the
32conditions of this License.
33
344. This license must be included with all copies of the
35Software, and may not be modified from its original format
36as created by the Licensor. The Software may not be
37distributed subject to any other license without written
38permission from Licensor.
39
405. This License is effective until terminated. Your rights
41under this License will terminate automatically without
42notice from Licensor if you fail to comply with any
43term(s) of this License. Upon the termination of this
44License, you shall cease all use of the Software and destroy
45all copies of it, whether full or partial.
46
476. Selling or charging a fee for the Software is prohibited
48without written permission from Licensor.
49
507. The Software, in whole or in part, may not be
51incorporated with or into any other software product without
52written permission from Licensor.
53
548. You expressly acknowledge and agree that use of the
55software is at your sole risk and that the entire risk as to
56satisfactory quality, performance, accuracy and effort is
57with you. Licensor does not warrant against interference
58with your enjoyment of the software, that the functions
59contained in the software will meet your requirements, that
60the operation of the software will be uninterrupted or
61error-free, or that defects in the software will be
62corrected. Should the software prove defective, you assume
63the entire cost of all necessary servicing, repair or
64correction.
65
669. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
67KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
68WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
69PURPOSE AND NONINFRINGEMENT. No oral or written advice given
70by Licensor or by an authorized representative of Licensor
71shall create a warranty.
72
7310. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL
74THE LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
75LIABILITY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, OR
76ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
77WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
78OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER
79COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO
80YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED,
81REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR
82OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE
83POSSIBILITY OF SUCH DAMAGES.
84
8511. THIS SOFTWARE IS NOT INTENDED FOR USE IN ANY APPLICATION
86IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH,
87PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
88
8912. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
90WARRANTIES, LIABILITY OR LIMITATIONS ON APPLICABLE STATUTORY
91RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND
92LIMITATIONS MAY NOT APPLY TO YOU. IF SUCH EXCLUSIONS FROM
93LIABILITY APPLY TO YOU, DO NOT USE THIS SOFTWARE.
94
9513. In no event shall Licensor's total liability to you for
96all damages exceed the amount of $50.00. The foregoing
97limitations will apply even if the above stated remedy fails
98in its essential purpose.
99
10014. This License constitutes the entire agreement between
101the parties with respect to the use of the Software licensed
102hereunder and supersedes all prior or contemporaneous
103understandings regarding such subject matter. No amendment
104to or modification of this License will be binding unless in
105writing and signed by Licensor. Any translation of this
106License is done for local requirements and in the event of a
107dispute between the English and any non-English versions,
108the English version of this License shall govern.
109
11015. This License will be governed by and construed in
111accordance with the laws of the Netherlands, as applied to
112agreements entered into and to be performed entirely within
113the Netherlands between Dutch residents. This License shall
114not be governed by the United Nations Convention on
115Contracts for the International Sale of Goods, the
116application of which is expressly excluded.
117
11816. If for any reason a court of competent jurisdiction
119finds any provision, or portion thereof, to be
120unenforceable, the remainder of this License shall continue
121in full force and effect.
122
123U.S. GOVERNMENT RESTRICTED RIGHTS
124The Software and documentation are provided with RESTRICTED
125RIGHTS. Use, duplication, or disclosure by the Government is
126subject to restrictions as set forth in subparagraph
127(c)(1)(ii) of the Rights in Technical Data and Computer
128Software clause at DFARS 252.227-7013 or subparagraphs
129(c)(1) and (2) of the Commercial Computer Software-
130Restricted Rights at 48 CFR 52.227-19, as applicable.
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