|
| 1 | +Restricted Software License Agreement |
| 2 | + |
| 3 | +Sandia Corporation ("SANDIA"), under its Contract |
| 4 | +No. DE-AC04-94AL85000 with the United States Department of Energy for |
| 5 | +the management and operation of the Sandia National Laboratories, |
| 6 | +Albuquerque, New Mexico and Livermore, California, has developed the |
| 7 | +MATLAB Poblano Toolbox, herein called "POBLANO TOOLBOX". By |
| 8 | +downloading this software, the licensee ("YOU") agree to the following |
| 9 | +terms: |
| 10 | + |
| 11 | + 1. Grants |
| 12 | + 1. Subject to the terms and conditions of this Agreement, |
| 13 | + including Attachment A, YOU are granted a nontransferable, |
| 14 | + nonexclusive right and license, without the right to |
| 15 | + sublicense, to: use, modify, and/or make derivative works or |
| 16 | + compilations of the POBLANO TOOLBOX for research and |
| 17 | + evaluation purposes only. |
| 18 | + 2. YOU agree that this restricted license does not allow YOU to |
| 19 | + make any proprietary or commercial use of the POBLANO TOOLBOX |
| 20 | + such as but not limited to the copying, distribution, |
| 21 | + displaying, performing, manufacturing, selling, or offering |
| 22 | + for sale of any product or service using the POBLANO TOOLBOX. |
| 23 | + 3. YOU agree to give credit to the original authors (Daniel M. |
| 24 | + Dunlavy, Tamara G. Kolda, and Evrim Acar) at SANDIA in any |
| 25 | + work that results from using the POBLANO TOOLBOX. |
| 26 | + 4. If YOU intend to sell or offer for sale any portion of |
| 27 | + POBLANO TOOLBOX or any modifications, derivative works, |
| 28 | + compilations, products or services of the POBLANO TOOLBOX, |
| 29 | + then YOU must obtain the appropriate license from SANDIA by |
| 30 | + contacting Sandia Software Licensing Manager, Craig A. Smith |
| 31 | + at +1 (925) 294-3358. |
| 32 | + 2. Reproduction and Distribution |
| 33 | + 1. YOU agree not to use the POBLANO TOOLBOX except as authorized |
| 34 | + herein, and that YOU will not make, have made, or permit to |
| 35 | + be made, any copies of the POBLANO TOOLBOX, except to be used |
| 36 | + within your own facilities for research and evaluation |
| 37 | + purposes. |
| 38 | + 2. YOU agree to have other users download the POBLANO TOOLBOX |
| 39 | + from its distribution web site, currently |
| 40 | + http://software.sandia.gov/poblano. |
| 41 | + 3. Disclaimer |
| 42 | + 1. NEITHER SANDIA, THE UNITED STATES NOR THE UNITED STATES |
| 43 | + DEPARTMENT OF ENERGY, NOR ANY OF THEIR EMPLOYEES MAKES ANY |
| 44 | + WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF |
| 45 | + MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR |
| 46 | + ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE |
| 47 | + ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, |
| 48 | + APPARATUS, PRODUCT, OR PROCESS OR REPRESENTS THAT ITS USE |
| 49 | + WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, OR ASSUMES ANY |
| 50 | + LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING |
| 51 | + FROM ITS USE BY ANYONE. |
| 52 | + 2. The U.S. Government has a paid-up, nonexclusive, irrevocable |
| 53 | + worldwide license in the POBLANO TOOLBOX to reproduce, |
| 54 | + prepare derivative works, and perform publicly and display |
| 55 | + publicly by or on behalf of the U.S. Government. |
| 56 | + 3. The U.S. Government is neither a party to nor assumes |
| 57 | + any liability for activities of the Contractor (SANDIA) in |
| 58 | + connection with this License Agreement. |
| 59 | + 4. Indemnity |
| 60 | + 1. Except for negligent acts or omissions of SANDIA, if YOU, |
| 61 | + your assignees or licensees, makes, uses or sells a product, |
| 62 | + process or service that includes the POBLANO TOOLBOX, then |
| 63 | + YOU shall indemnify SANDIA and the U.S. Government for all |
| 64 | + damages, costs, and expenses, including attorneys' fees, |
| 65 | + arising from personal injury or property damage occurring as |
| 66 | + a result of making, using or selling the product or process. |
| 67 | + 2. SANDIA warrants that the POBLANO TOOLBOX is an original work |
| 68 | + of authorship owned or controlled by SANDIA. |
| 69 | + 3. SANDIA warrants that it has the right to license copyrights |
| 70 | + in the POBLANO TOOLBOX. |
| 71 | + 5. Export Control Notice |
| 72 | + 1. The export of articles and information from the U.S. may |
| 73 | + require a government license; violators subject to criminal |
| 74 | + penalties. |
| 75 | + 6. No Waivers |
| 76 | + 1. The failure of SANDIA, at any time, to exercise any right or |
| 77 | + remedy of this Agreement shall not be construed to be a |
| 78 | + waiver of such right or remedy nor preclude SANDIA from |
| 79 | + exercising such right and remedy thereafter. |
| 80 | + 7. Controlling Law |
| 81 | + 1. This Agreement shall be construed according to the laws of |
| 82 | + the State of California and the United States of America. |
| 83 | + |
| 84 | + |
| 85 | + Attachment A |
| 86 | + |
| 87 | + 1. Poblano Toolbox |
| 88 | + POBLANO TOOLBOX is a Sandia Corporation copyrighted software, |
| 89 | + SCR #1255.0, that provides a collection of MATLAB classes for |
| 90 | + solving optimization problems that can be used for fast algorithm |
| 91 | + prototyping. |
| 92 | + 2. License Fees: |
| 93 | + POBLANO TOOLBOX is being offered at no cost under this agreement. |
| 94 | + Commercial distribution licenses for POBLANO TOOLBOX are available |
| 95 | + from Sandia at reasonable rates. |
| 96 | + |
0 commit comments