IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
SUBMITTING THE REQUIRED INFORMATION AND CLICKING ON THE BUTTON WHERE INDICATED BELOW CONSTITUTES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE JPYTHON SOFTWARE IDENTIFIED BELOW WILL BE RELEASED TO YOU WHEN THE REQUIRED INFORMATION IS RECEIVED. THIS AGREEMENT WILL BE EFFECTIVE BETWEEN YOU AND CNRI AS OF THE DATE OF RELEASE TO YOU OF THE JPYTHON SOFTWARE.
1. The Corporation for National Research Initiatives ("CNRI"), a District of Columbia corporation having a place of business at 1895 Preston White Drive, Reston, VA 20191, desiring to encourage the wide dissemination of the following computer program and documentation ("Software"), provides Licensee identified below ("Licensee") with the Software in binary and source code form, subject to the terms and conditions of this Agreement:
2. CNRI owns the Software and copyrights therein. Except as otherwise provided in paragraph 8 below, CNRI hereby grants Licensee a non-exclusive, non-transferable, royalty-free, worldwide license to reproduce, analyze, test, perform and/or display publicly, distribute, prepare derivative works and otherwise use the Software, provided, however, that CNRI's License Agreement, and CNRI's notice of copyright, i.e., "Copyright (c) 1998 Corporation for National Research Initiatives; All Rights Reserved," are both retained in the Software alone or in any derivative version prepared by Licensee. Alternatively, in lieu of CNRI's License Agreement, Licensee may substitute the following text, provided, however, that such text is displayed prominently in the Software alone or in any derivative version prepared by Licensee:
JPython (Version 1.0.x) is made available subject to the terms and conditions in CNRI's License Agreement. This Agreement may be located on the Internet using the following unique, persistent identifier in URN format: hdl:1895.22/1002. The Handle System can be used to resolve this identifier to access the CNRI License Agreement on the Internet. For information about using the Handle System see the documentation at http://www.handle.net
3. In the event Licensee, at its sole cost and expense, uses the Software to prepare a derivative work that is based on or incorporates the Software or any part thereof, and wants to make the derivative work available to the public for commercial or noncommercial purposes, or uses the software in this derivative form to provide a service to the public, then Licensee hereby agrees: (i) to indicate in any such work, in a prominently visible way, the specific modifications made to CNRI's Software; (ii) not to introduce deliberately any modifications where there is reason to believe they will be harmful to other users and their systems; and (iii) to notify CNRI of any release to the public of Licensee's derivative version, or any service offered to the public by Licensee based thereon. 4. Licensee agrees to assume full responsibility for the sale and other use of the Software in Licensee's derivative version, and Licensee expressly agrees to indemnify and hold harmless CNRI, its officers, employees and agents, from and against any and all claims, lawsuits and causes of action (including reasonable attorneys' fees and related costs) by third parties, including but not limited to personal injury, property damage, or damage or loss due to infringement of any other rights which result to such third parties, directly or indirectly, from Licensee's sale or use of the Software or Licensee's derivative versions. 5. Licensee agrees to share with CNRI any bug fixes, patches, ports to other platforms, minor corrections and the like made by Licensee to the Software. Licensee hereby agrees and acknowledges that any such changes shall be deemed free of any claims under copyright, patent or other rights or interests and that CNRI may reproduce, disseminate and otherwise use the changes as part of the Software at no cost to CNRI or its licensed users, and to authorize others to do so. CNRI may, at its sole discretion, decide whether or not to incorporate any such changes in the Software. 6. In the installation, running or other permitted use of the Software provided to Licensee under this Agreement, CNRI has no objection if Licensee makes use of computer programs owned by others, provided, however, that such use has been licensed and Licensee complies with the terms and conditions of any license agreements accompanying such programs. Licensee hereby acknowledges that CNRI shall not be deemed a party to or otherwise subject to any obligations of Licensee to third parties. CNRI does not represent that the Software will operate in an uninterrupted manner or in combination with other computer programs. 7. Licensee may not use CNRI's trademarks or trade name, including JPython or CNRI, in a trademark sense to endorse or promote products or services of Licensee, or any third party. Licensee may use the mark JPython in connection with Licensee's derivative versions that are based on or incorporate the Software, but only in the form "JPython-based_____________," or equivalent. 8. The Software contains OROMatcher regular expression software from ORO, Inc. Copyright 1997 by ORO, Inc. ("ORO software"). OROMatcher (TM) is a trademark of Original Reusable Objects, Inc. Except as permitted by applicable law and this Agreement, Licensee may not decompile, reverse engineer, disassemble, or modify the ORO software provided herein. Licensee acknowledges that redistribution of the ORO software separate from JPython or direct use of the ORO software interfaces requires a separate license from ORO, Inc. http://www.oroinc.com/ 9. CNRI is making the Software available to Licensee on an "AS IS" basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 10. TO THE EXTENT PERMITTED BY LAW, CNRI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE. 11. This Agreement may be terminated by CNRI: (i) immediately upon written notice from CNRI of any material breach by the Licensee, if the nature of the breach is such that it cannot be promptly remedied; or (ii) sixty (60) days following notice from CNRI to Licensee of a material remediable breach, if Licensee has not remedied such breach within that sixty-day period. 12. Licensee hereby agrees that any dispute arising out of or in connection with the construction, validity, interpretation, performance, enforcement, operation, breach or termination of this Agreement shall be settled promptly by negotiation between the Parties. If the dispute is not settled by negotiation, the dispute shall be submitted to arbitration in accordance with the rules then in effect of the American Arbitration Association. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. 13. Nothing in this Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between the Parties. This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia. In the event any part of this Agreement is declared invalid or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in force.
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