Object Oriented Data Technology (OODT) License

THE OPEN CHANNEL SOFTWARE/ CALTECH LICENSE
Version 4.0

Copyright Open Channel Software, California Institute of Technology. All Rights Reserved.
Everyone is permitted to copy and distribute this license document.

Introduction

This License establishes the terms and conditions under which the person or legal entity that downloads or otherwise gains access to the Software is permitted to exercise certain rights with respect to it. In this License, "Recipient" means such person or legal entity and includes any entity, which controls, is controlled by, or is under common control of Recipient. Open Channel Software is identified as the following "OCS".

Granted Rights

  1. For private internal purposes solely by Recipient, Recipient is granted and may exercise a royalty-free, non-exclusive license, subject to third party intellectual property claims, to reproduce, modify, display, and perform the Original Software provided to Recipient with or without Modifications, and/or as part of another work provided that Recipient agree to and actually complies with all terms and conditions in this License on an ongoing basis. The exercise of any of the granted rights by Recipient signifies acceptance of this License.

  2. Specifically regarding the right to reproduce, Recipient may copy the Software only for private internal purposes to the extent necessary to exercise the other specific non-exclusive rights identified above and provided:

    a. All notices and disclaimers remain with the Software; and,

    b. Recipient does not identify the Software as Recipient's product or property;

  3. Specifically regarding the right to modify the Software, "Modifications" mean any addition or deletion by Recipient from the substance or structure of either the original Software or any previous modifications. Recipient may make Modifications to the Software only for non-commercial, private internal purposes and provided Recipient agree also:

    a. Not to modify the Software such that the Modifications constitute an infringement of another or others rights;

    b. Not to assert ownership to the Software as modified;

    c. To provide Modifications for non-commercial, private internal purposes to others at no cost;

    d. That OCS has a first option to negotiate with Recipient a separate agreement for the right to commercialize and/or publish Modifications;

    e. To maintain and not alter or remove this License and all notices or disclaimers that accompany the Software during the preparation or as a result of the Modifications; and

    f. To provide with all Modifications, this license, accompanying notices, and sufficient information such that OCS and other potential users know how and when Recipient changed the Software.

    g. Recipient may exercise the rights with respect to the Software in original or modified form in legally permissible applications.

  4. Recipient may not grant rights to another or others with respect to the Software or Modifications. Any such attempt or use for public or commercial purposes will automatically terminate the rights granted under this License.

Term

This License and the rights granted hereunder will terminate automatically if Recipient fail to comply with all of the terms and conditions of this License or within thirty (30) days of the dispatch of a notice from OCS.

DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH RECIPIENT. SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL OCS OR RECIPIENT BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF OCS OR RECIPIENT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSION AND LIMITATION MAY NOT APPLY.

USER'S WARRANTY: COMPLIANCE WITH EXPORT CONTROLS

Recipient warrants that Recipient will do all things necessary to comply with the current United States Export Administration and any other laws and regulations of the United States as they may apply to the Software and all other things derived from the Software. Recipient further acknowledges that Recipient is subject to the laws and regulations of the United States controlling the export of certain technical data, computer software, laboratory prototypes, and other commodities ("Technical Data"). Recipient further agrees to comply with these laws and regulations as they apply at the time of exporting any Technical Data, as they may be revised and modified at various times. The Technical Data contained in this document(s) or file(s) may be restricted for export under the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR). Violations of these export laws may be subject to fines and penalties under the Arms Export Control Act (22 U.S.C. 2278). OCS neither represents that a license shall be required nor that, if required, it shall be issued. Recipient warrants and agrees that prior to any such transfer or exportation of Technical Data to Foreign Nationals, Recipient will obtain and all necessary export licenses, authorizations, or permits as required by U.S. law or regulation. These commodities, technology or software were exported from the United States in accordance with the Export Administration Regulations. Diversionscontrary to U.S. law is prohibited.

Miscellaneous

  1. Recipient agrees to notify OCS promptly if Recipient has reason to believe that the Software or its use may constitute an infringement or is being infringed.

  2. This license is governed by the laws of the State of Illinois without regard to conflicts of laws. Disputes shall be resolved by courts sitting in that state, with venue lying in Chicago, Illinois. The parties hereby submit to the exclusive jurisdiction of such courts and such exclusive venue. The losing party shall be responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses.

  3. This represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. No one other than OCS and Caltech have the right to modify this License.

  4. Any problems or questions associated with the Software should be directed to the Open Channel Software, and not to the author or developer, in order that errors my be documented and referral services coordinated by the Open Channel Software.

RECIPIENT ACKNOWLEDGE that Recipient has read this Agreement, understands it, and agrees to be legally bound by its terms and conditions. Recipient further agrees that it is the complete and exclusive statement of the Agreement between Recipient and OCS, which supersedes any proposal or prior agreement, oral or written, and any other communication between us relating to the subject matter of this Agreement.

This agreement covers only the program software named above.

Company Name/Institution: ________________________________________

Authorized Signature: ____________________________________________

Printed Name: ____________________________________________________

Date: ____________________________________________________________

Nationality: _____________________________________________________

Country you are ordering from: ___________________________________

Please sign and return one copy of this license to Open Channel Software, Inc.

You must also submit an online request for Object Oriented Data Technology (OODT) through the Open Channel Website.
Requests for software cannot be processed unless we have an online request.

Object Oriented Data Technology (OODT) License