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NONEXCLUSIVE, NON-TRANSFERABLE LICENSE AGREEMENT FOR
INTERNAL RESEARCH PURPOSES ONLY
FOR CHIRPLAB FOR NOT-FOR-PROFIT ORGANIZATIONS
The California Institute of Technology (CIT) will provide you, a
not-for-profit institution (LICENSEE), with CHIRPLAB version 1.0. CHIRPLAB
is available to LICENSEE on the following terms:
1. Definitions:
(a) CHIRPLAB is defined as the source code that will allow the
execution of the multiscale chirplet transform and network flow algorithms
to solve optimization problems in the chirplet graph.
(b) Source Code is defined as code written in human-readable format
or in a high-level program language.
2. CIT agrees to grant LICENSEE a nonexclusive, non-transferable,
royalty-free license, under the copyright rights and any applicable
patent rights, to use CHIRPLAB for internal research purposes
only. This license specifically excludes the right to sublicense
CHIRPLAB in any form, and it also excludes the right to use CHIRPLAB for
any commercial or for-profit purpose. LICENSEE hereby certifies
that it is a not-for-profit entity.
3. LICENSEE may incorporate CHIRPLAB with other source code developed by
LICENSEE (Incorporated Work) for the sole purpose of using CHIRPLAB
for research internal to LICENSEE and not for any other
redistribution. LICENSEE may not distribute any Incorporated Work
outside of LICENSEE, and specifically LICENSEE may not provide CHIRPLAB or
any Incorporated Work under an open source license such as the Gnu Public
License (www.gpl.org). If the creation of an Incorporated Work would require
LICENSEE to distribute CHIRPLAB under
an open source license, then LICENSEE agrees not to make such
incorporation.
4. CHIRPLAB is experimental in nature and is being licensed as is. The
license of the CHIRPLAB does not include any technical support or
documentation.
5. CIT represents and warrants that it has the right to license
CHIRPLAB to LICENSEE.
6. LICENSEE agrees that any person within LICENSEE utilizing CHIRPLAB
will be advised of, and is subject to, the conditions in this
Agreement.
7. NO WARRANTY: CHIRPLAB IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND
INCLUDING ANY WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR
FITNESS FOR A PARTICULAR USE OR PURPOSE (AS SET FORTH IN UCC
23212-2313) OR FOR ANY PURPOSE WHATSOEVER, HOWEVER USED.
IN NO EVENT SHALL CIT BE LIABLE FOR ANY DAMAGES OR COSTS, INCLUDING
BUT NOT LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND,
INCLUDING ECONOMIC DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS,
REGARDLESS OF WHETHER CIT SHALL BE ADVISED, HAVE REASON TO KNOW, OR IN
FACT SHALL KNOW OF THE POSSIBILITY.
LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF CHIRPLAB
OR ANY DERIVATIVE WORKS THEREOF.
8. All right, title, and interest in and to all data, information,
and inventions that result from use of CHIRPLAB by the LICENSEE shall
vest in and belong to the LICENSEE.
9. This Agreement is governed by the laws of the State of
California, and any action brought hereunder shall be within the
state of California.
10. This Agreement will expire three (3) years from the date on
which LICENSEE executes this Agreement below.
11. By clicking the I Agree below, you agree to abide by all the
terms and conditions of this agreement.
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