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License Agreement for Public CmapTools Client Software

Copyright (c) 1998-2010  Institute for Human & Machine Cognition (IHMC)

License Agreement for Public CmapTools Client Software
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; WARRANTY IN SECTION 4; LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE AS ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) the Public CmapTools Client or third party computer information or software; (ii) concept maps, included with the distribution or accessible via networked Concept Map Servers; (iii) related explanatory written materials or files ("Documentation"); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by the Research Foundation (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless user holds a valid license which specifies a number other than one and is granted by Research Foundation. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Research Foundation" means The Research Foundation of the University of West Florida, Inc., 11000 University Parkway, Pensacola, FL 32514. "IHMC" means the Florida Institute for Human & Machine Cognition, a not-for-profit corporation created pursuant to 1004.447, F.S., located at 40 S. Alcaniz St., Pensacola, FL 32502. "University" means the University of West Florida, 11000 University Parkway, Pensacola, FL 32514.

2. Software License. As long as you comply with the terms of this License Agreement (the "Agreement"), Research Foundation, by and on behalf of IHMC, grants to you a non-exclusive non-transferable license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found either attached herein or in the "licenses" sub-directory under the installation directory. Specifically all licensees are subject to Sun Microsystem's Java Binary License Agreement found in the licenses sub-directory under the installation directory.

2.1. General Beta Test Use. Permission to install and use multiple copies of the Software on your compatible computer without fee is hereby granted in the context of a "Beta Test", provided that the conditions set forth in Section 6 are adhered to, the above copyright notice and this permission notice appear in all copies, and that the name of IHMC not be used in advertising or publicity pertaining to this material without the specific, prior written permission of an authorized representative of IHMC.

2.2. Permitted Use. Permission to install and use multiple copies of the software, provided that the above copyright notice and this permission notice appear in all copies, and that the name of IHMC not be used in advertising or publicity pertaining to this material without the specific, prior written permission of an authorized representative of IHMC, is hereby granted. Use of the Software to access publicly available CmapTools servers, within the "cmapdp", or "public" SLP scope, is specifically permitted. Use of the Software to access private CmapTools servers, with an SLP scope other than that of "cmapdp" or "public" is not available. 

3. Intellectual Property Rights. The Software and any copies that you are authorized to make are the intellectual property of and are owned by IHMC and the University. The structure, organization and code of the Software are the valuable trade secrets and contain confidential information. The Software is protected by U.S. Patent # 5,506,937. The Software is also protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("Software License"). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.

4. Warranties. RESEARCH FOUNDATION, UNIVERSITY, AND IHMC MAKE NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT AND/OR THE LICENSED SOFTWARE, IN WHOLE OR IN PART. RESEARCH FOUNDATION, UNIVERSITY,  AND IHMC EXPLICITLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. RESEARCH FOUNDATION, UNIVERSITY, AND IHMC EXPRESSLY DO NOT WARRANT THAT THE LICENSED SOFTWARE, IN WHOLE OR IN PART, WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE.

5. Pre-release Code. Product is pre-release code and is not at the level of performance and compatibility of a final, generally available product offering. Product may not operate correctly and may be substantially modified prior to first commercial shipment or withdrawn. Product is provided "AS IS" without warranty of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, THE COMBINED LIABILITY OF THE RESEARCH FOUNDATION, THE UNIVERSITY, AND IHMC SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL.

6. Beta Test Conditions. In the event that you received or downloaded this software in the context of a "Beta Test", this section applies. In consideration for receiving a copy of the Software for testing, Licensee agrees to serve as a "Beta Test Site" for the Software and will notify IHMC of all problems and ideas for enhancements which come to Licensee's attention during the period of this Agreement, and hereby assigns to Research Foundation, University, IHMC and FIHMC all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights. Feedback to IHMC will be provided via electronic mail to the address "cmapsupport "AT" ihmc.us", or via the specified form on the CmapTools web site. Upon receipt of a later unreleased version of the Pre-release Software or release by IHMC, Research Foundation or its Licensors of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from IHMC and to abide by the terms of the License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date University, IHMC, Research Foundation or its Licensors first commercial shipment of the publicly released (commercial) Software.

7. Limitation of Liability. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF PRODUCT REMAINS WITH LICENSEE. IN NO EVENT SHALL THE RESEARCH FOUNDATION, UNIVERSITY, UNIVERSITY OF WEST FLORIDA BOARD OF TRUSTEES, THE FLORIDA BOARD OF GOVERNORS, THE FLORIDA INSTITUTE FOR HUMAN AND MACHINE COGNITION, INC., THE STATE BOARD OF EDUCATION, OR THEIR LICENSORS (SUBJECT PARTIES) BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL SUBJECT PARTIES BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF THE SUBJECT PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Governing Law. This Agreement is to be governed by, construed and enforced according to the laws of the United States of America and the State of Florida. Venue for any legal action(s) shall be in Pensacola, Florida. Any notices, other than normal feedback or questions as to product functionality, required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested, addressed to: Office of the General Counsel, IHMC, 40 S. Alcaniz St. Pensacola, Florida 32502

9. Legal Compliance. Licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.

10. No Assignment. Licensee may not assign this Agreement without the prior written consent of IHMC. This Agreement shall be binding upon and inure to the benefit of the parties and their respective administrators, successors and assigns.

11. Entirety of Agreement. This Agreement constitutes the entire and only agreement between the parties for use of Product and terminates and supersedes all prior understandings or agreements on the subject matter hereof. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representative of the parties.

12. Terms of Agreement. Failure of the University, Research Foundation, or IHMC to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. Further, if any provision of this Agreement shall be found by a court of law to be void, invalid, or unenforceable, this shall not affect the validity or enforceability of the remainder of this Agreement.

13. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the esponsibility to obtain licenses to export, re-export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iran, North Korea, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.

14. Restricted Rights. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable.

15. Questions regarding use of this software or the licensing thereof should be addressed in email to cmapsupport "AT" ihmc.us.

Copyright (c) 1998-2010 Institute for Human & Machine Cognition (IHMC)