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LICENSE
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KIM LABORATORY SOFTWARE AND DATA LICENSE
Version 1.0, August 2007
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
Your use of the Work and Derivative Works in Source or Object form
constitutes acceptance of this License.
"Licensor" shall mean the copyright owner or entity authorized by the
copyright owner that is granting the License.
"You" in this License, and "Your" when used in the possessive, means
an individual or a legal entity exercising rights under this License.
For legal entities, "You" includes any entity that is controlling,
controlled by or under common control with You. For purposes of this
definition, "control" means the direct or indirect ownership of more
than fifty percent (50%) of the outstanding voting securities of a
legal entity, the right to receive fifty percent (50%) or more of the
profits or earnings of a legal entity, or the right to determine the
policy decisions of a legal entity.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, configuration files, and data files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but not
limited to compiled object code, generated documentation, and
conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object
form, made available under the License, as indicated by a copyright
notice that is included in or attached to the work.
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the
purposes of this License, Derivative Works shall not include works
that remain separable from, or merely link (or bind by name) to the
interfaces of, the Work and Derivative Works thereof.
2. Grant of Copyright License. You may use the Work and Derivative
Works for any non-commercial purpose, subject to the restrictions in
this License. Some purposes which can be non-commercial are teaching,
academic research, and personal experimentation.
3. Redistribution. You may modify the Work and Derivative Works and
distribute the Work or Derivative Works for non-commercial purposes,
provided that You meet the following conditions:
(a) You may not grant rights to the Work or Derivative Works that are
broader than those provided by this License (for example, you may not
distribute modifications of the Work under terms that would permit
commercial use, or under terms that purport to require the Work or
Derivative Works to be sublicensed to others); and
(b) You must give any other recipients of the Work or Derivative Works
a verbatim copy of this License; and
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stating that You changed the files; and
(d) You must retain, in the Source form of any Derivative Works that
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You may add Your own copyright statement to Your modifications and may
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reproduction, or distribution of Your modifications, or for any such
Derivative Works as a whole, provided Your use, reproduction, and
distribution of the Work otherwise complies with the conditions stated
in this License.
4. Exclusions From License Grant. You may not use or distribute the
Work or Derivative Works in any form for commercial purposes. Examples
of commercial purposes would be running business operations,
licensing, leasing, or selling the Software, or distributing the Work
or Derivative Works for use with commercial products.
No other rights are granted in this License. You and Your affiliates,
sublicensees, employees, and agents may not use any name, logo, seal,
or trademark of Licensor or any affiliate organization, employee,
student or representative of the Licensor, without the prior written
consent of the Licensor.
5. Retained Rights. The Licensor retains the right to copy the Work,
prepare Derivative Works based upon the Work and distribute the Work
or Derivative Works to any person or entities for any purpose.
6. Termination. This License is effective until terminated. You may
terminate this License at any time upon notice to the Licensor. This
License will terminate immediately without notice from the Licensor if
You fail to comply with any provision of this License. Upon
termination for any reason, You must destroy all copies of the Work
and Derivative Works in Your possession and control.
7. Government Rights and Restrictions. You acknowledge that the
License is expressly subject to reserved rights of the United States
Government, if any, under all applicable statutes and regulations. You
agree to comply with all laws, rules and regulations applicable to the
use of the Work and Derivative Works, and You will be responsible for
obtaining, at Your expense, any governmental approvals required to use
the Work and Derivative Works. All rights granted to You under this
License are contingent upon Your compliance with United States laws
and regulations controlling the export of technical data, computer
software, laboratory prototypes, and all other export controlled
commodities, including, without limitation, the Arms Export Control
Act and the Export Administration Act as they may be amended.
8. Entire Agreement. The terms and conditions contained in this
License constitute the entire agreement between the parties and
supersede all previous agreements and understandings, whether oral or
written, between the parties with respect to the subject matter. This
License may not be amended without a written agreement signed by an
authorized representative of the Licensor.
9. Severability. If any provision of this License shall be determined
to be void, invalid, unenforceable or illegal for any reason, then the
validity and enforceability of all of the remaining provisions hereof
shall not be affected thereby.
10. Miscellaneous. This License will be binding upon and inure to the
benefit of the parties and their respective permitted successors and
assigns. This License shall be construed and interpreted and its
performance shall be governed by the laws of the Commonwealth of
Pennsylvania without reference to the conflicts of law principles of
any jurisdiction.
11. Disclaimer of Warranty. You expressly acknowledge and agree that
use and distribution of the Work and Derivative Works is at Your sole
risk. The Work and Derivative Works is provided "AS IS" and without
warranty of any kind. THE LICENSOR MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
WARRANTY OF ACCURACY, COMPLETENESS, PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, COMMERCIAL UTILITY, NON INFRINGEMENT
OR TITLE. THE LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE WORK AND DERIVATIVE WORKS WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE WORK AND DERIVATIVE WORKS WILL BE UNINTERRUPTED
OR ERROR-FREE.
12. Limitation of Liability. IN NO EVENT, INCLUDING NEGLIGENCE, WILL
THE LICENSOR BE LIABLE TO YOU, YOUR SUCCESSORS OR ASSIGNS, OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT RESULT FROM THE USE OR
DISTRIBUTION OF THE WORK AND DERIVATIVE WORKS OR ARISE UNDER THIS
LICENSE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.