BY DOWNLOADING AND/OR USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE OR ANY PORTION THEREOF IN ANY FORM OR MANNER.
This Software is licensed, not sold to you by GEORGIA TECH RESEARCH CORPORATION ("GTRC") for use only under the terms of this License, and GTRC reserves any rights not expressly granted to you. GTRC is either the sole owner of all code and documentation or has obtained certain rights to distribute the code and accompanying documentation (herein "Software") to you under this License.
1. Grant of License. This License allows you to (a) make copies of the Software that has been provided to you with the express understanding that such copies are strictly to be used for your internal purposes only and that you shall not distribute the Software without the prior written permission of GTRC; and, (b) modify or enhance the original copy or copies of the Software or any portion thereof or to create derivative works based on the Software ("Modification(s)"). Any and all such Modifications shall be owned by you or a designated assignee of you; provided, however, you provide a copy of any such Modifications to GTRC and GTRC may at its sole discretion modify, enhance, or create derivative works based on your Modification(s).
2. Export Law Assurance. You agree that the Software will not be shipped, transferred or exported, directly into any country prohibited by the United States Export Administration Act and the regulations thereunder nor will be used for any purpose prohibited by the Act.
3. Termination. If at anytime you are unable to comply with any portion of this License you must immediately cease use of the Software, or any portion thereof, and destroy all copies of the Software and accompanying documentation.
4. Disclaimer of Warranties and Limitation on Liability. YOU ACCEPT THE SOFTWARE ON AN "AS IS" BASIS. GTRC MAKES NO WARRANTY THAT ALL ERRORS CAN BE OR HAVE BEEN ELIMINATED FROM THE SOFTWARE. GTRC SHALL NOT BE RESPONSIBLE FOR LOSSES OF ANY KIND RESULTING FROM THE USE OF THE SOFTWARE AND ITS ACCOMPANYING DOCUMENT(S), AND CAN IN NO WAY PROVIDE COMPENSATION FOR ANY LOSSES SUSTAINED, INCLUDING BUT NOT LIMITED TO ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR TORT, OR FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, OR SIMILAR RIGHTS OF THIRD PARTIES, NOR ANY BUSINESS EXPENSE, MACHINE DOWNTIME OR DAMAGES CAUSED TO YOU BY ANY DEFICIENCY, DEFECT OR ERROR IN THE SOFTWARE OR MALFUNCTION THEREOF, NOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED. GTRC DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED RESPECTING THE USE AND OPERATION OF THE SOFTWARE AND ITS ACCOMPANYING DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. GTRC MAKES NO WARRANTY THAT THE SOFTWARE IS ADEQUATELY OR COMPLETELY DESCRIBED IN, OR BEHAVES IN ACCORDANCE WITH ANY ACCOMPANYING DOCUMENTATION. THE USER OF THE SOFTWARE IS EXPECTED TO MAKE THE FINAL EVALUATION OF THE SOFTWARE?S USEFULNESS IN USER'S OWN ENVIRONMENT. GTRC represents that, to the best of its knowledge, the Software furnished hereunder does not infringe any copyright or patent. GTRC shall have no obligation for support or maintenance of Software.
5. Copyright Notice. THE SOFTWARE AND ACCOMPANYING DOCUMENTATION ARE COPYRIGHTED WITH ALL RIGHTS RESERVED UNDER UNITED STATES COPYRIGHT LAWS, THE SOFTWARE AND ITS ACCOMPANYING DOCUMENTATION MAY NOT BE COPIED EXCEPT AS GRANTED HEREIN.
You acknowledge that GTRC has exclusionary rights to the Software, including copyrights subsisting therein. Any and all copies or partial copies of the Software made by you shall bear the copyright notice as affixed to the original version or such other notice as GTRC shall designate. Such notice shall also be affixed to all improvements or enhancements of the Software made by you or portions thereof in such a manner and location as to give reasonable notice of GTRC's copyright as set forth in Article 1.