OPEN SOURCE SOFTWARE LICENSE AGREEMENT for JHDL®

Brigham Young University

Software: JHDL®
Copyright: © 2002 Brigham Young University

YOU MAY NOT INSTALL, USE, COPY, OR DISTRIBUTE THIS SOFTWARE UNTIL YOU HAVE READ AND ACCEPTED THIS LICENSE AGREEMENT.

BY INSTALLING, USING, COPYING OR DISTRIBUTING THE SOFTWARE (OR AUTHORIZING ANY OTHER PERSON TO DO SO FOR YOU) YOU ACCEPT THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, YOU MUST NOT INSTALL, USE, COPY OR DISTRIBUTE THE SOFTWARE, AND YOU WILL NOT HAVE A LICENSE. IF YOU USE, COPY, MODIFY OR DISTRIBUTE THE SOFTWARE WITHOUT A LICENSE, YOU WILL INFRINGE THE INTELLECTUAL PROPERTY OF BRIGHAM YOUNG UNIVERSITY.

The "Licensee" is the person or entity licensed under and bound by this Agreement.

Grant of License

Subject to the terms and conditions of this Agreement, BYU grants to Licensee, free of charge, a nonexclusive, nontransferable license under the BYU Intellectual Property to use, copy, modify, publish, and distribute the computer programs known as JHDL,including the source code and documentation (if any) provided, (collectively hereinafter "JHDL Software"). Rights not expressly granted in this Agreement are reserved by BYU. This License Agreement does not entitle Licensee to any future version or release of JHDL Software from BYU unless and to the extent only that BYU elects to make any future version or release available to Licensee.

Terms and Conditions

1. Ownership.
   
   Licensee acknowledges that the copyrights and other intellectual property in the JHDL Software are owned by Brigham Young University ("BYU"). The copyrights and other intellectual property of BYU in and to the JHDL Software are referred to herein as the "BYU Intellectual Property." As this term is used in this Agreement, "BYU Intellectual Property" does not include any other copyrights or intellectual property of BYU.



2. Distribution.
   
   Licensee may redistribute copies of the JHDL Software (in modified or unmodified form) to other persons or entities subject to the following conditions:
   
   
   1. Source Redistribution. Redistributions of source code must retain the above copyright notice, and this list of Terms and Conditions.
   
   
   
   2. Binary Redistribution. Redistributions of binary form must reproduce the above copyright notice and this list of Terms and Conditions in the documentation and/or other materials provided with the distribution.
   
   
   
   3. Endorsement. The name(s) of the original author(s) or BYU may not be used to endorse or promote products derived from this JHDL Software without specific written permission.
      


3. Support & Maintenance.
   
   BYU has no obligation to provide any maintenance, support, training, or other services.



4. Allocation of Risk.
   
   Because there are no license fees, royalties or other fees payable by Licensee to BYU for this License, Licensees agrees that this License Agreement reflects an allocation of risk acceptable to Licensee. Such allocation of risk includes, without limitation, the disclaimer of warranties, the limitations of liability, the indemnities and other protections of BYU that are set forth in this Agreement.



5. Disclaimer Of Warranties.
   
   BYU MAKES NO WARRANTY EXPRESS, IMPLIED OR STATUTORY. THE JHDL SOFTWARE IS PROVIDED AND ACCEPTED "AS IS" WITHOUT WARRANTY OF ANY KIND. BYU DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BYU DOES NOT WARRANT THAT THE JHDL SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED. LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THE JHDL SOFTWARE AND FOR TESTING AND EVALUATING IT BEFORE ANY USE OF OR RELIANCE ON THE JHDL SOFTWARE. LICENSEE ASSUMES ALL RISKS AND LIABILITIES ASSOCIATED WITH THE JHDL SOFTWARE, INCLUDING, WITHOUT LIMITATION, DEFECTS, PROGRAMMING ERRORS, PRODUCT LIABILITY CLAIMS, THE INFRINGEMENT OF THIRD PARTY RIGHTS OR INTELLECTUAL PROPERTY, AND ANY OTHER PROBLEMS RELATING TO THE JHDL SOFTWARE.



6. Limitation On Liability.
   
   THE AGGREGATE LIABILITY OF BYU ARISING FROM OR RELATING TO THIS AGREEMENT OR THE JHDL SOFTWARE (REGARDLESS OF THE FORM OF ACTION OR CLAIM - E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, MALPRACTICE, FRAUD AND/OR OTHERWISE) SHALL NOT EXCEED ONE DOLLAR. BYU SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF BYU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



7. Protection of Others.
   
   BYU may extend the protections afforded to BYU under this Agreement, including without limitation, any of the disclaimers and limitations of liability of Sections 5, 6, and 7 to any of its employees, officers, or representatives or to any of the developers of the JHDL Software, for their protection.



8. Government Licenses.
   
   The U.S. Government or any of its agencies, departments, ministries, military or entities (any or all of the foregoing hereafter referred to as "Government") has limited rights to use, modify, reproduce, release, perform, display, disclose or further develop this Software, in whole or in part, for Government purposes and/or within the Government. These limited rights are subject to and restricted by Contract No. F-33615-99-C-1502, and by FAR 52.227.11 (Patent Rights), D-FAR 252.227-7013 (Rights in Technical Data), and D-FAR 252.227-7014 (Rights in Non-Commercial Software). Any reproduction of the JHDL Software, modifications or portions thereof must also reproduce this notice.



9. Entire Agreement.
   
   This Agreement sets forth the entire agreement between the parties concerning the subject matter of this Agreement and may be amended only in a writing signed by both parties.



10. Termination.
    
    The License shall automatically terminate if Licensee breaches this Agreement. Upon termination of the License, Licensee shall erase or destroy all copies of the JHDL Software within the possession or control of Licensee.