| 1 | EdGCM Software License for Educational and Research Use |
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| 2 | |
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| 3 | This Agreement is the expression of covenants between the User |
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| 4 | ("Licensee"), and Columbia University in the City of New York |
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| 5 | ("Columbia"), regarding current and future versions of software produced |
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| 6 | by the EdGCM Cooperative. License includes all programs, code, examples, |
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| 7 | manuals and other documentation included in the release (collectively, |
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| 8 | "the Software"). |
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| 9 | |
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| 10 | 1. Licensee agrees that the Software and the Derivatives will be used |
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| 11 | solely for non-commercial research or educational purposes. Licensee |
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| 12 | is not permitted to sell, lease, distribute, transfer, sublicense, or |
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| 13 | otherwise dispose of the Software and the Derivatives, in whole or in |
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| 14 | part, for any form of actual or potential commercial gain or |
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| 15 | consideration; |
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| 16 | |
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| 17 | 2. Copyright of the Software is and will remain with The Trustees of |
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| 18 | Columbia University in the City of New York and/or its employees, |
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| 19 | consultants and students, and shall at no point transfer to Licensee. |
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| 20 | Any copyright notices on the Software shall be included on all copies |
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| 21 | of the Derivatives, or any parts or portions thereof, in any form, |
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| 22 | manner or substance, which are produced by the Licensee including but |
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| 23 | not limited to incorporation of the Software into any other program, |
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| 24 | technical data, documentation, firmware, or other information of the |
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| 25 | like kind, type or quality; |
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| 26 | |
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| 27 | 3. Any externally disseminated publications such as, but not limited |
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| 28 | to, manuals, technical reports, articles in journals, papers in |
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| 29 | conference or workshop proceedings, and marketing brochures or |
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| 30 | advertisements for sale or distribution of products, written in whole |
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| 31 | or in part by Licensee personnel, including but not limited to |
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| 32 | employees, consultants or students of Licensee, that are based in any |
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| 33 | part on the ideas of the Programming Systems Lab or the Software |
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| 34 | shall acknowledge Mark Chandler and the EdGCM Cooperative at Columbia |
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| 35 | University, with citations to their published literature when |
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| 36 | appropriate; |
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| 37 | |
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| 38 | 4. Licensee acknowledges that the Software is being supplied in an as |
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| 39 | is condition without any support services or future updates or |
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| 40 | releases. Columbia may or may not make future updates and releases |
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| 41 | available to Licensee under this same or another licensing agreement, |
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| 42 | but Columbia is in no way obligated to do so. If Licensee discovers |
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| 43 | any defects or limitations in the Software, |
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| 44 | |
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| 45 | 5. Columbia makes no guarantees, warranties or representations of any |
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| 46 | kind, either express or implied. Furthermore, Columbia disclaims and |
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| 47 | Licensee waives and excludes any and all warranties of |
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| 48 | merchantability and any and all warranties of fitness for any |
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| 49 | particular purpose. Licensee agrees that neither Columbia nor its |
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| 50 | future, current or former personnel, including but not limited to |
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| 51 | employees, consultants and students, shall be held to any liability |
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| 52 | with respect to any claim by Licensee or a third party arising from |
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| 53 | or on account of the use of the Software or the Derivatives, |
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| 54 | regardless of the form of action; whether in contract or tort, |
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| 55 | including negligence. In no event will Columbia be liable for |
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| 56 | consequential or incidental damages of any nature whatsoever; |
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| 57 | |
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| 58 | 6. Licensee will guarantee that all actual or potential users of the |
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| 59 | Software, and all actual or potential producers of the Derivatives, |
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| 60 | within Licensee organization, or in organizations who have obtained |
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| 61 | or may obtain the Software or the Derivatives from Licensee, are |
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| 62 | aware of this agreement and of the terms for using the Software and |
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| 63 | producing Derivatives. |
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