End-User
Software Site License Agreement
THIS
AGREEMENT is made by and between the University of Washington (the "University")
and
(the "End User").
The University, acting
through the Graphics Imaging Laboratory in the Department of Computer Science
and Engineering has developed under the direction of Principal Investigator
David Salesin computer software and related materials collectively called
"______________________________" and identified by the University reference
OTT#_________________ (the "Software"), as described in Attachment A to this
Agreement. The Software has been
developed with funding provided by ____________________ under grant
______________________________
To further collaboration and the exchange of
technical data, the University desires to make the Software available to
qualified end users, subject to the terms and conditions set forth in this
Agreement. The End User is
knowledgeable in the application of the Software, and desires to obtain the
Software for non-commercial use at the following location:
(the "Site").
THEREFORE,
the University and the End User agree as follows:
1. The
University grants and the End User accepts a non-exclusive, non-transferable,
royalty-free, perpetual license to use the Software for non-commercial
purposes.
2. The
University is making the Software available at no charge to the End
User.
3. The Software is supplied AS IS, without
obligation by the University to provide accompanying services or
support.
4. The University warrants
that it has the right to grant the license specified hereunder. The express warranty stated
immediately above is given in lieu of all other warranties, either
express or implied, including but not limited to the implied
warranties of merchantability and fitness for a particular
purpose. The
University makes no representation that the Software does not infringe
third party patent, copyright, trademark, or other proprietary rights. The University does not warrant
that the operation of the program will be uninterrupted or
error-free.
5. The End User agrees that the University
shall not be liable for any costs, damages, fees, or other liability, nor
for any direct, indirect, special, incidental, or consequential damages with
respect to any claim by the End User or any third party on account of or
arising from this Agreement or use of (or inability to use) the Software. The End User agrees to defend,
indemnify, and hold harmless [Principal Investigator], the University,
its employees, officers, and agents from any loss, claim, damage, or liability
of whatsoever kind or nature on account of or arising from this Agreement,
or from the use of (or inability to use) the
Software.
6. The End
User agrees not to distribute, publish, or otherwise transfer the
Software or any portions, copies, or derivative works
thereof.
7. The End
User agrees that any derivative works, extensions, or other modifications of the
Software created by the End User shall be made available to the University under
terms comparable to those of this Agreement.
8. The End
User agrees to cite the reference(s) given in Attachment A in any published
writings referring to the Software or to results obtained through the use of the
Software.
9. No
ownership interest in the Software is transferred to the End User by this
Agreement.
10. This Agreement contains
the entire agreement between the University and the End User, and supersedes all
prior written or oral representations with respect to the Software. This Agreement shall be governed by the
laws of the State of Washington.
IN WITNESS WHEREOF, the
University and the End User have executed this Agreement, effective as of the
latest date set forth below:
|
End User: |
University of
Washington |
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By:
|
By:
|
|
Title:
|
Title:
|
|
Date:
|
Date:
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Attachment A
OTT #:______________
A.1.
Software
Description
[functional
description
hardware/OS
platform
required and recommended
peripherals
distribution media and
format]
A.2.
Distribution
Materials
[list of materials to be sent
under terms of the license including
documentation
program
names
directory of machine readable
materials]
A.3.
Distribution Fee Schedule and
Payment Instructions
A.4.
References
[list of current
references]