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LICENSE.txt
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Evolutionary Failure Mode Calculator v1.0
UT AUSTIN RESEARCH LICENSE (SOURCE CODE)
The University of Texas at Austin has developed certain software and documentation that it
desires to make available without charge to anyone for academic, research, experimental or
personal use. This license is designed to guarantee freedom to use the software for these
purposes. If you wish to distribute or make other use of the software, you may purchase a
license to do so from the University of Texas.
The accompanying source code is made available to you under the terms of this UT Research
License (this “UTRL”). By clicking the “ACCEPT” button, or by installing or using the
code, you are consenting to be bound by this UTRL. If you do not agree to the terms and
conditions of this license, do not click the “ACCEPT” button, and do not install or use
any part of the code.
The terms and conditions in this UTRL not only apply to the source code made available by
UT, but also to any improvements to, or derivative works of, that source code made by you
and to any object code compiled from such source code, improvements or derivative works.
1. DEFINITIONS.
1.1 “Commercial Use” shall mean use of Software or Documentation by Licensee for direct
or indirect financial, commercial or strategic gain or advantage, including without
limitation: (a) bundling or integrating the Software with any hardware product or another
software product for transfer, sale or license to a third party (even if distributing the
Software on separate media and not charging for the Software); (b) providing customers
with a link to the Software or a copy of the Software for use with hardware or another
software product purchased by that customer; or (c) use in connection with the performance
of services for which Licensee is compensated.
1.2 “Derivative Products” means any improvements to, or other derivative works of, the
Software made by Licensee.
1.3 “Documentation” shall mean all manuals, user documentation, and other related
materials pertaining to the Software that are made available to Licensee in connection
with the Software.
1.4 “Licensor” shall mean The University of Texas.
1.5 “Licensee” shall mean the person or entity that has agreed to the terms hereof and is
exercising rights granted hereunder.
1.6 “Software” shall mean the computer program(s) referred to as “Evolutionary Failure
Mode Calculator v1.0” made available under this UTRL in source code form, including any
error corrections, bug fixes, patches, updates or other modifications that Licensor may in
its sole discretion make available to Licensee from time to time, and any object code
compiled from such source code.
2. GRANT OF RIGHTS.
Subject to the terms and conditions hereunder, Licensor hereby grants to Licensee a
worldwide, non-transferable, non-exclusive license to (a) install, use and reproduce the
Software for academic, research, experimental and personal use (but specifically excluding
Commercial Use); (b) use and modify the Software to create Derivative Products, subject to
Section 3.2; and (c) use the Documentation, if any, solely in connection with Licensee’s
authorized use of the Software.
3. RESTRICTIONS; COVENANTS.
3.1 Licensee may not: (a) distribute, sub-license or otherwise transfer copies or rights
to the Software (or any portion thereof) or the Documentation; (b) use the Software (or
any portion thereof) or Documentation for Commercial Use, or for any other use except as
described in Section 2; (c) copy the Software or Documentation other than for archival and
backup purposes; or (d) remove any product identification, copyright, proprietary notices
or labels from the Software and Documentation. This UTRL confers no rights upon Licensee
except those expressly granted herein.
3.2 Licensee hereby agrees that it will provide a copy of all Derivative Products to
Licensor and that its use of the Derivative Products will be subject to all of the same
terms, conditions, restrictions and limitations on use imposed on the Software under this
UTRL. Licensee hereby grants Licensor a worldwide, non-exclusive, royalty-free license to
reproduce, prepare derivative works of, publicly display, publicly perform, sublicense and
distribute Derivative Products. Licensee also hereby grants Licensor a worldwide,
non-exclusive, royalty-free patent license to make, have made, use, offer to sell, sell,
import and otherwise transfer the Derivative Products under those patent claims licensable
by Licensee that are necessarily infringed by the Derivative Products.
4. PROTECTION OF SOFTWARE.
4.1 Confidentiality. The Software and Documentation are the confidential and proprietary
information of Licensor. Licensee agrees to take adequate steps to protect the Software
and Documentation from unauthorized disclosure or use. Licensee agrees that it will not
disclose the Software or Documentation to any third party.
4.2 Proprietary Notices. Licensee shall maintain and place on any copy of Software or
Documentation that it reproduces for internal use all notices as are authorized and/or
required hereunder. Licensee shall include a copy of this UTRL and the following notice,
on each copy of the Software and Documentation. Such license and notice shall be embedded
in each copy of the Software, in the video screen display, on the physical medium
embodying the Software copy and on any Documentation:
Copyright © 2008, The University of Texas at Austin. All rights reserved.
UNIVERSITY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THIS SOFTWARE AND
DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE, NON-INFRINGEMENT AND WARRANTIES OF PERFORMANCE, AND ANY WARRANTY THAT MIGHT
OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS EITHER EXPRESS OR
IMPLIED WITH RESPECT TO THE USE OF THE SOFTWARE OR DOCUMENTATION. Under no circumstances
shall University be liable for incidental, special, indirect, direct or consequential
damages or loss of profits, interruption of business, or related expenses which may arise
from use of Software or Documentation, including but not limited to those resulting from
defects in Software and/or Documentation, or loss or inaccuracy of data of any kind.
5. WARRANTIES.
5.1 Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND
DOCUMENTATION ARE BEING PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND
RESPECTING THE SOFTWARE OR DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
5.2 Limitation of Liability. UNDER NO CIRCUMSTANCES UNLESS REQUIRED BY APPLICABLE LAW
SHALL LICENSOR BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, DIRECT OR CONSEQUENTIAL
DAMAGES OR LOSS OF PROFITS, INTERRUPTION OF BUSINESS, OR RELATED EXPENSES WHICH MAY ARISE
AS A RESULT OF THIS LICENSE OR OUT OF THE USE OR ATTEMPT OF USE OF SOFTWARE OR
DOCUMENTATION INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM DEFECTS IN SOFTWARE AND/OR
DOCUMENTATION, OR LOSS OR INACCURACY OF DATA OF ANY KIND. THE FOREGOING EXCLUSIONS AND
LIMITATIONS WILL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT,
TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER GROUNDS.
6. INDEMNIFICATION.
Licensee shall indemnify, defend and hold harmless Licensor, the University of Texas
System, their Regents, and their officers, agents and employees from and against any
claims, demands, or causes of action whatsoever caused by, or arising out of, or resulting
from, the exercise or practice of the license granted hereunder by Licensee, its officers,
employees, agents or representatives.
7. TERMINATION.
If Licensee breaches this UTRL, Licensee’s right to use the Software and Documentation
will terminate immediately without notice, but all provisions of this UTRL except Section
2 will survive termination and continue in effect. Upon termination, Licensee must destroy
all copies of the Software and Documentation.
8. GOVERNING LAW; JURISDICTION AND VENUE.
The validity, interpretation, construction and performance of this UTRL shall be governed
by the laws of the State of Texas. The Texas state courts of Travis County, Texas (or, if
there is exclusive federal jurisdiction, the United States District Court for the Central
District of Texas) shall have exclusive jurisdiction and venue over any dispute arising
out of this UTRL, and Licensee consents to the jurisdiction of such courts. Application of
the United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded.
9. EXPORT CONTROLS.
This license is subject to all applicable export restrictions. Licensee must comply with
all export and import laws and restrictions and regulations of any United States or
foreign agency or authority relating to the Software and its use.
10. U.S. GOVERNMENT END-USERS.
The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101,
consisting of “commercial computer software” and “commercial computer software
documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R.
227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998)
and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Software with only those
rights as set forth herein.
11. MISCELLANEOUS
If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in
part, such provision shall be modified to the minimum extent necessary to make it legal,
valid and enforceable, and the legality, validity and enforceability of all other
provisions of this UTRL shall not be affected thereby. Licensee may not assign this UTRL
in whole or in part, without Licensor’s prior written consent. Any attempt to assign this
UTRL without such consent will be null and void. This UTRL is the complete and exclusive
statement between Licensee and Licensor relating to the subject matter hereof and
supersedes all prior oral and written and all contemporaneous oral negotiations,
commitments and understandings of the parties, if any. Any waiver by either party of any
default or breach hereunder shall not constitute a waiver of any provision of this UTRL or
of any subsequent default or breach of the same or a different kind.
END OF LICENSE