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1 UT TACC Research License (Source Code)
2
3 The Texas Advanced Computing Center of The University of Texas at Austin has
4 developed certain software and documentation that it desires to make available
5 without charge to anyone for academic, research, experimental or personal use.
6 This license is designed to guarantee freedom to use the software for these
7 purposes. If you wish to distribute or make other use of the software, you may
8 purchase a license to do so from the University of Texas.
9
10 The accompanying source code is made available to you under the terms of this
11 UT TACC Research License (this "UTTRL"). By clicking the "ACCEPT" button, or by
12 installing or using the code, you are consenting to be bound by this UTTRL. If
13 you do not agree to the terms and conditions of this license, do not click the
14 "ACCEPT" button, and do not install or use any part of the code.
15
16 The terms and conditions in this UTTRL not only apply to the source code made
17 available by UT TACC, but also to any improvements to, or derivative works of,
18 that source code made by you and to any object code compiled from such source
19 code, improvements or derivative works.
20
21 1. DEFINITIONS.
22
23 1.1 "Commercial Use" shall mean use of Software or Documentation by Licensee
24 for direct or indirect financial, commercial or strategic gain or advantage,
25 including without limitation: (a) bundling or integrating the Software with any
26 hardware product or another software product for transfer, sale or license to a
27 third party (even if distributing the Software on separate media and not
28 charging for the Software); (b) providing customers with a link to the Software
29 or a copy of the Software for use with hardware or another software product
30 purchased by that customer; or (c) use in connection with the performance of
31 services for which Licensee is compensated.
32
33 1.2 "Derivative Products" means any improvements to, or other derivative works
34 of, the Software made by Licensee.
35
36 1.3 "Documentation" shall mean all manuals, user documentation, and other
37 related materials pertaining to the Software that are made available to
38 Licensee in connection with the Software.
39
40 1.4 "Licensor" shall mean The University of Texas.
41
42 1.5 "Licensee" shall mean the person or entity that has agreed to the terms
43 hereof and is exercising rights granted hereunder.
44
45 1.6 "Software" shall mean the computer program(s) referred to as GotoBLAS made
46 available under this UTTRL in source code form, including any error
47 corrections, bug fixes, patches, updates or other modifications that Licensor
48 may in its sole discretion make available to Licensee from time to time, and
49 any object code compiled from such source code.
50
51 2. GRANT OF RIGHTS.
52
53 Subject to the terms and conditions hereunder, Licensor hereby grants to
54 Licensee a worldwide, non-transferable, non-exclusive license to (a) install,
55 use and reproduce the Software for academic, research, experimental and
56 personal use (but specifically excluding Commercial Use); (b) use and modify
57 the Software to create Derivative Products, subject to Section 3.2; and (c) use
58 the Documentation, if any, solely in connection with Licensee's authorized use
59 of the Software.
60
61 3. RESTRICTIONS; COVENANTS.
62
63 3.1 Licensee may not: (a) distribute, sub-license or otherwise transfer copies
64 or rights to the Software (or any portion thereof) or the Documentation; (b)
65 use the Software (or any portion thereof) or Documentation for Commercial Use,
66 or for any other use except as described in Section 2; (c) copy the Software or
67 Documentation other than for archival and backup purposes; or (d) remove any
68 product identification, copyright, proprietary notices or labels from the
69 Software and Documentation. This UTTRL confers no rights upon Licensee except
70 those expressly granted herein.
71
72 3.2 Licensee hereby agrees that it will provide a copy of all Derivative
73 Products to Licensor and that its use of the Derivative Products will be
74 subject to all of the same terms, conditions, restrictions and limitations on
75 use imposed on the Software under this UTTRL. Licensee hereby grants Licensor a
76 worldwide, non-exclusive, royalty-free license to reproduce, prepare derivative
77 works of, publicly display, publicly perform, sublicense and distribute
78 Derivative Products. Licensee also hereby grants Licensor a worldwide,
79 non-exclusive, royalty-free patent license to make, have made, use, offer to
80 sell, sell, import and otherwise transfer the Derivative Products under those
81 patent claims licensable by Licensee that are necessarily infringed by the
82 Derivative Products.
83
84 4. PROTECTION OF SOFTWARE.
85
86 4.1 Confidentiality. The Software and Documentation are the confidential and
87 proprietary information of Licensor. Licensee agrees to take adequate steps to
88 protect the Software and Documentation from unauthorized disclosure or use.
89 Licensee agrees that it will not disclose the Software or Documentation to any
90 third party.
91
92 4.2 Proprietary Notices. Licensee shall maintain and place on any copy of
93 Software or Documentation that it reproduces for internal use all notices as
94 are authorized and/or required hereunder. Licensee shall include a copy of this
95 UTTRL and the following notice, on each copy of the Software and Documentation.
96 Such license and notice shall be embedded in each copy of the Software, in the
97 video screen display, on the physical medium embodying the Software copy and on
98 any Documentation:
99
100 Copyright © The University of Texas, 2005. All right reserved.
101 UNIVERSITY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THIS SOFTWARE
102 AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY
103 PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES OF PERFORMANCE, AND ANY
104 WARRANTY THAT MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.
105 NO WARRANTY IS EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE USE OF THE
106 SOFTWARE OR DOCUMENTATION. Under no circumstances shall University be liable
107 for incidental, special, indirect, direct or consequential damages or loss of
108 profits, interruption of business, or related expenses which may arise from use
109 of Software or Documentation, including but not limited to those resulting from
110 defects in Software and/or Documentation, or loss or inaccuracy of data of any
111 kind.
112
113 5. WARRANTIES.
114
115 5.1 Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE
116 SOFTWARE AND DOCUMENTATION ARE BEING PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
117 WARRANTIES OF ANY KIND RESPECTING THE SOFTWARE OR DOCUMENTATION, EITHER EXPRESS
118 OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN,
119 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
120
121 5.2 Limitation of Liability. UNDER NO CIRCUMSTANCES UNLESS REQUIRED BY
122 APPLICABLE LAW SHALL LICENSOR BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT,
123 DIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, INTERRUPTION OF BUSINESS,
124 OR RELATED EXPENSES WHICH MAY ARISE AS A RESULT OF THIS LICENSE OR OUT OF THE
125 USE OR ATTEMPT OF USE OF SOFTWARE OR DOCUMENTATION INCLUDING BUT NOT LIMITED TO
126 THOSE RESULTING FROM DEFECTS IN SOFTWARE AND/OR DOCUMENTATION, OR LOSS OR
127 INACCURACY OF DATA OF ANY KIND. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL
128 APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT
129 (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER GROUNDS.
130
131 6. INDEMNIFICATION.
132
133 Licensee shall indemnify, defend and hold harmless Licensor, the University of
134 Texas System, their Regents, and their officers, agents and employees from and
135 against any claims, demands, or causes of action whatsoever caused by, or
136 arising out of, or resulting from, the exercise or practice of the license
137 granted hereunder by Licensee, its officers, employees, agents or
138 representatives.
139
140 7. TERMINATION.
141
142 If Licensee breaches this UTTRL, Licensee\'s right to use the Software and
143 Documentation will terminate immediately without notice, but all provisions of
144 this UTTRL except Section 2 will survive termination and continue in effect.
145 Upon termination, Licensee must destroy all copies of the Software and
146 Documentation.
147
148 8. GOVERNING LAW; JURISDICTION AND VENUE.
149
150 The validity, interpretation, construction and performance of this UTTRL shall
151 be governed by

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