SRI INTERNATIONAL
NON-EXCLUSIVE END-USER SOFTWARE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE YOU CLICK ON THE "I AGREE" BUTTON AT THE END OF THIS DOCUMENT. BY CLICKING ON THE "I AGREE" BUTTON YOU INDICATE YOUR ACCEPTANCE OF EACH OF THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. UPON YOUR ACCEPTANCE, THIS AGREEMENT WILL BE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SRI INTERNATIONAL. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I DISAGREE" BUTTON AT THE END OF THIS DOCUMENT AND DO NOT DOWNLOAD OR USE THE SRI SOFTWARE.
This copy of the SRI Software is non-exclusively licensed to you under the following terms:
LICENSE
The SRI Software, together with any fonts accompanying this Agreement, whether on disk, in read only memory or any other media or in any other form (collectively, the "SRI Software") is never sold. It is non-exclusively licensed by SRI International ("SRI") to you solely for your own internal, non-commercial research purposes on the terms of this Agreement. You own the media on which the SRI Software is recorded, but SRI retains the ownership of the SRI Software and any subsequent copies of the SRI Software. The SRI Software and any copies made under this Agreement are subject to this Agreement.
YOU MAY:
1. LOAD and USE the SRI Software as long as the SRI Software is only used on one (1) computer by one (1) user at a time. This license does not allow the SRI Software to exist on more than one (1) computer at a time or on a computer network, including without limitation an intranet network or a local area network.
2. USE the SRI Software solely for your own internal, non-commercial research purposes, including producing but not distributing derivative works.
3. COPY the SRI Software for back-up purposes only. You may make one (1) copy of the SRI Software in machine-readable form for back-up purposes. The back-up copy must contain all copyright notices contained in the original SRI Software.
4. TERMINATE this Agreement by destroying the original and all copies of the SRI Software in whatever form.
YOU MAY NOT:
1. Assign, delegate or otherwise transfer the SRI Software, the license (including this Agreement), or any rights or obligations hereunder or thereunder, to another person or entity. Any purported assignment, delegation or transfer in violation of this provision shall be void.
2. Loan, distribute, sell, rent, lease, give, sublicense or otherwise transfer the SRI Software or any derivative works (or any copies of either the SRI Software orthe derivative works ), in whole or in part, to any other person or entity.
3. Copy, alter, translate, decompile, disassemble, or reverse engineer the SRI Software, including but not limited to, modifying the SRI Software to make it operate on non-compatible hardware.
4. Remove, alter or cause not to be displayed, any copyright notices or startup messages contained in the SRI Software.
5. Export the SRI Software, any derivative works, or the product components in violation of any United States export laws.
Title to the SRI Software, including the ownership of all copyrights, patents, trademarks and all other intellectual property rights subsisting in the foregoing, and all adaptations to and modifications of the foregoing shall at all times remain with SRI. SRI retains all rights not expressly licensed under this Agreement. The SRI Software, including any images, graphics, photographs, animation, video, audio, music and text incorporated therein is owned by SRI or its suppliers and is protected by United States copyright laws and international treaty provisions. Except as otherwise expressly provided in this Agreement, the copying, reproduction, or distribution of the SRI Software is strictly prohibited by such laws and treaty provisions. Nothing in this Agreement constitutes a waiver of SRI's rights under United States copyright law.
This Agreement and your rights are governed by the laws of the State of California. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
THIS LICENSE SHALL TERMINATE AUTOMATICALLY if you fail to comply with the terms of this Agreement.
DISCLAIMER OF WARRANTY ON SRI SOFTWARE
You expressly acknowledge and agree that your use of the SRI Software is at your sole risk.
THE SRI SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND SRI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SRI SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTIES, REMEDIES AND LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN SRI AND YOU. SRI WOULD NOT BE ABLE TO PROVIDE THE SRI SOFTWARE WITHOUT SUCH LIMITATIONS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SRI BE LIABLE UNDER ANY THEORY OR FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SRI SOFTWARE OR OTHERWISE RELATING TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), EVEN IF SRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.
ADDITIONAL PROVISIONS YOU SHOULD BE AWARE OF
This Agreement constitutes the entire agreement between you and SRI regarding the SRI Software and supersedes any prior representations, understandings and agreements, either oral or written. No amendment to or modification of this Agreement will be binding unless in writing and signed by SRI.
U.S. GOVERNMENT RESTRICTED RIGHTS
If the SRI Software or any accompanying documentation is used or acquired by or on behalf of any unit, division or agency of the United States Government, this provision applies. The SRI Software and any accompanying documentation is provided with RESTRICTED RIGHTS. The use, modification, reproduction, release, display, duplication or disclosure thereof by or on behalf of any unit, division or agency of the Government is subject to the restrictions set forth in subdivision (c)(1) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19 and the restrictions set forth in the Rights in Technical Data-Non-Commercial Items clause set forth in 48 CFR 252.227-7013. The contractor/manufacturer of the SRI Software and accompanying documentation is SRI International, 333 Ravenswood Avenue, Menlo Park, California 94025, U.S.A.
(c) 1998 SRI International. All rights reserved.