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NONEXCLUSIVE, NON-TRANSFERABLE
LICENSE AGREEMENT FOR RESEARCH PURPOSES
ONLY FOR SPECFEM3D
The California Institute of Technology (CIT) will provide you, a not-for-profit institution (LICENSEE), with the SPECFEM3D software (SPECFEM3D). SPECFEM3D is available to LICENSEE on the following terms:
1. CIT agrees to grant LICENSEE a nonexclusive, non-transferable, royalty-free license, under the copyright rights and any applicable patent rights, to use SPECFEM3D for internal research purposes only. This license specifically excludes the right to sublicense SPECFEM3D in any form, and it also excludes the right to use SPECFEM3D for any commercial or for-profit purpose. LICENSEE hereby certifies that it is a not-for-profit entity.
2. LICENSEE may incorporate SPECFEM3D with other source code developed by LICENSEE (Incorporated Work) for the sole purpose of using SPECFEM3D for research internal to LICENSEE and not for any other redistribution. LICENSEE may not distribute any Incorporated Work outside of LICENSEE, and specifically LICENSEE may not provide SPECFEM3D or any Incorporated Work under an open source license such as the Gnu Public License (www.gpl.org). If the creation of an Incorporated Work would require LICENSEE to distribute SPECFEM3D under an open source license, then LICENSEE agrees not to make such incorporation.
3. SPECFEM3D is experimental in nature and is being licensed as is. The license of SPECFEM3D does not include any technical support or documentation.
4. CIT represents and warrants that it has the right to license SPECFEM3D to LICENSEE.
5. LICENSEE agrees that any person within LICENSEE utilizing SPECFEM3D will be advised of, and is subject to, the conditions in this Agreement.
6. NO WARRANTY: SPECFEM3D IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND INCLUDING ANY WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE (AS SET FORTH IN UCC 23212-2313) OR FOR ANY PURPOSE WHATSOEVER, HOWEVER USED.
IN NO EVENT SHALL CIT BE LIABLE FOR ANY DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER CIT SHALL BE ADVISED, HAVE REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY.
LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF SPECFEM3D OR ANY DERIVATIVE WORKS THEREOF.
7. All right, title, and interest in and to all data, information, and inventions that result from use of SPECFEM3D by the LICENSEE shall vest in and belong to the LICENSEE.
8. This Agreement is governed by the laws of the State of California, and any action brought hereunder shall be within the state of California.
9. This Agreement will expire three (3) years from the date on which LICENSEE executes this Agreement below.
10. By clicking the "I Agree" below, you agree to abide by all the terms and conditions of this agreement.
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