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SIR User License

Preamble:

This Preamble is intended to describe, in plain English, the nature, intent, and scope of this License. However, this Preamble is not a part of this License. The legal effect of this License is dependent only upon the terms of the License and not this Preamble.

This license is based upon the principle that the sharing of scientific resources with other research and teaching institutions is vital to higher education and the development of knowledge and understanding. Further, the sharing of materials, including source code where applicable, is mutually beneficial. However, these must be weighed against the protection of intellectual property. Therefore, we allow the free use of our repository resource, and the materials and software therein, at other institutions of research and higher learning, but reserve the rights to provide access to the repository and sell, modify, and distribute the materials and software therein. We further allow the use of materials and software source code in order to improve the application but restrict the use of these materials and source code.

License:

NOTICE - READ ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO ACCESSING THE REPOSITORY AND BEFORE DOWNLOADING, INSTALLING AND/OR USING AND OF THE MATERIALS THEREIN. BOTH ACCESSING THE REPOSITORY, AND DOWNLOADING, INSTALLING AND/OR USING THE MATERIALS COVERED BY THIS LICENSE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

  1. GRANT OF RIGHT: The Software-artifact Infrastructure Repository (the "Resource"), all software, including binary and source code, and artifacts therein (the "Materials"), and any related documentation (the "Documentation") are licensed, not sold, to you. The University of Nebraska grants you a personal, non-exclusive and non-transferable right to use the Resource, Materials, and Documentation, subject to the terms and restrictions of this Agreement. The Resource, Materials, and Documentation may be used by you, or an organization of which you are a member or employee, solely for non-commercial, educational, evaluation and/or personal use. "Non-commercial use" means uses that are not or will not result in (a) the sale, lease or rental of Materials or Documentation, or access to the Resource; and/or (b) the use of the Materials or Documentation in any commercial product or service.

    You may make as many copies of the Materials and/or Documentation as needed in order to use and/or modify the software and/or artifacts. However, you may not redistribute the Materials with your changes without approval of the ESQuaReD Laboratory, the Computer Science and Engineering Department, and the University of Nebraska. You may donate your changes to the Repository (Resource), in which case we may opt to include your changes in the official presentation of the Resource or distribution of the Materials.

    EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU AGREE NOT TO USE, COPY, MODIFY OR TRANSFER THE Materials OR Documentation OR ANY COPY, IN WHOLE OR IN PART. You agree to use your best efforts to prevent and protect the contents of the Resource, Materials, and Documentation from unauthorized disclosure or use. You agree not to sublicense, assign, delegate, rent, lease or otherwise transfer this license or any of the related rights or obligations for any reason. Any modifications to the Materials and/or Documentation, or software or artifacts derived from the Materials and/or Documentation provided by the Resource ("Derivative Works") are governed by the terms and conditions of this Agreement. The University of Nebraska reserves all rights not expressly granted to you. NO OTHER LICENSES ARE GRANTED OR IMPLIED.

  2. OWNERSHIP: The Resource, Materials, and Documentation are and will remain the sole property of the University of Nebraska. The Resource, Materials, and Documentation are copyrighted works and protected by copyright law and/or contain proprietary information protected at law. The University of Nebraska may at any time assign or transfer all or part of its interests in any rights to the Resource, Materials, or Documentation.

    EXCLUSIONS: Some of the software available from the Resource may be governed by existing copyrights and/or legal terms and conditions of use and distribution. The University of Nebraska's right of ownership does not extend to include such software to the extent that such a claim conflicts with the terms of the existing licenses. However, the University of Nebraska does NOT relinquish any right to ownership to any and all artifacts associated with the software, that were not originally distributed with the software and are not governed by existing licenses. This includes, but is not limited to, any testing and experimentation artifacts provided with the software, and any changes to source code that are incidental to the functionality (do not extend or improve the functionality) of the software, and thus are not governed under existing licenses. The University of Nebraska reserves all rights to these Materials as governed by the terms of this Agreement.

    DISPUTES: The University of Nebraska is committed to respecting all intellectual property claims and rights as governed by law. If you feel that the inclusion of any Materials provided by the Resource infringe upon your rights, you agree to provide written notice of your claim to the ESQuaRed Laboratory, the Computer Science and Engineering Department, and the University of Nebraska, for remedy. In the event that you are not satisfied with the remedy provided to you, any dispute between you and the University of Nebraska shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the United States Federal Arbitration Act. The arbitration will be held in Lincoln, Nebraska. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.

  3. LIMITATIONS ON USE: You agree not to transfer, sell, rent, lease, publish or otherwise distribute copies of the Resource, Materials, and/or Documentation to others including individuals internal or external to your own organization.

  4. FEEDBACK: In consideration for this license, if you provide any feedback, reports on bugs, or errors in the Resource, Materials, or Documentation, or suggested modifications (collectively "Feedback") during the term of this Agreement, we shall have the right to use such Feedback for any purpose without payment or accounting to you.

  5. CONTRIBUTIONS: In consideration for this license, if you provide any modifications or additions to artifacts, software, or documentation, or any other content governed by this license (collectively "Contribution(s)") during the term of this Agreement, we shall have the right to add such Contribution(s) to the Resource without payment or accounting to you. Furthermore, the act of providing any such Contribution(s) transfers all rights of ownership to the University of Nebraska as governed under the terms of this Agreement, except where expressly excluded by the terms of this Agreement. By submitting the Contribution(s) to the Resource, you relinquish any existing claims to copyright or ownership (your "Rights") insofar as you are granted legal claim to those Rights. In the event that we believe that you are not legally entitled to transfer your Rights to the Contribution(s), we will decline to accept the Contribution(s) and no transfer of ownership or Rights shall be considered to have occurred. We also reserve the right to decline to accept any Contribution(s) for any reason, or without reason at all, in which case no transfer of ownership shall be considered to have occurred, and you shall retain all Rights previously granted to you.

    EXCLUSIONS: Any Contribution(s) governed by an existing license permitting free copy and redistribution of the Contribution(s) shall be exempt from the transfer of Rights condition.

  6. TERMINATION: This license is effective until terminated. You may terminate this license at any time by requesting, in writing, discontinuation of your access to the Resource, and destroying any Materials and/or Documentation, including any permitted archival copies, you have obtained from the Resource. This license automatically terminates if you fail to comply with its terms and conditions. The University of Nebraska may terminate this license at any time by providing you notice of such termination. Upon termination in any manner, you acknowledge that your access to the Resource will be discontinued, and agree to destroy all copies of any Materials and/or Documentation, obtained from the Resource, in your possession. Your obligations under Sections 3 and 9 herein shall survive and continue after any termination of this Agreement.

  7. DISCLAIMER OF WARRANTY/LIMITATION OF REMEDIES: The ESQuaReD Laboratory, the Computer Science and Engineering Department, and the University of Nebraska have no obligation to support the Resource, Materials, or Documentation covered under this license. To the extent permitted under applicable law, THE Resource, Materials, and Documentation are licensed "AS IS", WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES AGAINST INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF A THIRD PARTY. The ESQuaReD Laboratory, the Computer Science and Engineering Department, and the University of Nebraska WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY OTHER RELIEF, OR FOR ANY CLAIM BY ANY THIRD PARTY, ARISING FROM YOUR USE OF THE Resource, Materials, or Documentation. Some States and other jurisdictions do not allow for the exclusion or limitation of implied warranties so the above exclusions or limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from State to State.

  8. ENTIRE AGREEMENT: This Agreement sets forth the entire agreement and understanding between the parties pertaining to the subject matter hereof and merges all prior written or oral discussions between them. This Agreement shall be construed in accordance with and governed by the laws of the State of Nebraska, United States of America, excluding the United Nations Convention on Contracts for the International Sale of Goods.

  9. COMMERCIAL LICENSE: For information regarding a commercial license please contact the ESQuaReD Laboratory at: Computer Science and Engineering Dept., 256 Avery Hall, Lincoln, NE 68588-0115. You may also contact the ESQuaReD Laboratory at 402.472.2184.

 

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