License Agreement for Civil Engines based Software
Last updated on 2/3/2006
CIVIL ENGINES END USER LICENSE AGREEMENT (CERSL), VERSION 1.0
THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.
CIVIL ENGINES LICENSE
Preamble.
This CIVIL ENGINES LICENSE ("LICENSE") is made between CIVIL ENGINES RESEARCH, LLC ("CIVILENGINES") as licensor, and You, as licensee, as of the date of your use of the accompanying executable code of Civil Netizen (the "SOFTWARE") and related documentation as well as any network services related thereto (the "SERVICES"). The use of any non-commercial or commercial services may also be subject to additional terms as defined by the CIVILENGINES TERMS OF SERVICE. These TERMS OF SERVICE are published on the Civil Netizen website.
LICENSE.
1. LICENSE GRANT. This License governs your use of the SOFTWARE as provided to you by CIVILENGINES. CIVILENGINES grants you a limited, non-exclusive, non-commercial, non-transferable, free of charge license (the “LICENSE”) to install and use the software only in the following specific context:
1.1 Network Distribution. THE LICENSE GRANTED HEREIN ALLOWS YOU TO INSTALL AND USE THE SOFTWARE ON MORE THAN ONE COMPUTER. You MAY reproduce or distribute unmodified versions of the SOFTWARE to end-users through a local network or through the Internet. Redistributions must reproduce this LICENSE in the documentation and/or other materials provided with the distribution.
1.2 You may NOT reproduce or distribute versions of the SOFTWARE that CIVILENGINES has deemed to be expired unless that transfer is persuant to sections 6 and 7 of this agreement.
1.3 You are NOT permitted to sell, lease, distribute, transfer, sublicense, or otherwise dispose of the SOFTWARE, in whole or in part, for any form of actual or potential commercial gain or consideration.
1.4 You acknowledge that the provisions of this LICENSE must be agreed to by all end-users that install the SOFTWARE that you distribute.
1.5 You acknowledge that the LICENSE granted herein to reproduce or distribute the SOFTWARE does not grant you the right to use CIVILENGINES promotional material, including any use thereof in connection with the distribution of the SOFTWARE.
1.6 CIVILENGINES reserves the right to modify the redistribution terms of the LICENSE at any time. Your continued distribution of the SOFTWARE constitutes your acceptance to be bound by the terms and conditions of the revised LICENSE.
1.7 Other Use. Any use of the software other than the uses specified in Section 1, subsection (i), requires a separate license from CIVILENGINES. CIVILENGINES reserves all rights not expressly granted to you.
2. PERMISSION TO PARTICIPATE. You acknowledge that the use of the SOFTWARE constitutes your agreement to participate in the Civil Area Network (the “NETWORK”). The Civil Area Network is defined herein as the collection of computers and users utilizing the SOFTWARE and its SERVICES via the Internet or a local network. You acknowledge that the SOFTWARE MAY utilize some of the processing and bandwidth resources of your computer in conjunction with its SERVICES to enable and provide for your use of the NETWORK. You agree to allow the SOFTWARE to utilize SOME of your computing resources for the limited purpose of maintaining your participation in the NETWORK.
3. USE AND AVAILABILITY OF OPEN SOURCE CODE. Portions of the SOFTWARE were created using source code governed by the Mozilla Public License (MPL). The version of the source code from www.mozilla.org included in the release of the SOFTWARE is available from the mozilla public CVS tree. Changes to open source code governed by the MPL are available through the CIVILENGINES website. Other portions of the SOFTWARE that are open and available for use will be explicitly licensed under the terms of the MPL and included in the distribution of the SOFTWARE.
4. TERMINATION. CIVILENGINES may terminate this License immediately and without prior notice if you breach any term of this License or for any reason whatsoever. In the event of any termination or expiration, you agree to immediately destroy and/or erase the original and all copies of the SOFTWARE and to discontinue their use and you will not retain or store the SOFTWARE or any copies thereof, in any form or medium.
5. PROPRIETARY RIGHTS. The SOFTWARE is licensed, not sold, to you. CIVILENGINES reserves all rights not expressly granted to you. Ownership of the SOFTWARE and its associated proprietary rights, are retained by CIVILENGINES and its licensors. The SOFTWARE is protected by the copyright laws of the United States and by international treaties. Therefore, you must comply with such laws and treaties in your use of the SOFTWARE. You agree not to remove any of CIVILENGINES' copyright, trademark and other proprietary notices from the SOFTWARE without the prior written consent of CIVILENGINES.
6. TRANSFER AND USE RESTRICTIONS. You may not sell, license, sub-license, lend, lease, rent or otherwise assign the SOFTWARE to others. You may not modify, reverse engineer, decompile, decrypt, extract or otherwise disassemble or reduce the SOFTWARE to a human-perceivable form. You may not create derivative works based on the SOFTWARE for commercial purposes (e.g. incorporating the SOFTWARE in a commercial product or service without a proper license). You may not remove any product identification, copyright, proprietary notices or labels from the SOFTWARE. Furthermore, you may not use any CIVILENGINES trademarks in any manner other than their presence within Your copy of the SOFTWARE without written permission of CIVILENGINES. Any and all copies made by You as permitted hereunder must contain all of the original SOFTWARE's copyright, trademark and other proprietary notices and marks.
7. UPDATES AND UPGRADES. If this copy of the Software is an update or upgrade from an earlier version of the SOFTWARE, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the SOFTWARE to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 5.
8. NO WARRANTY. CIVILENGINES MAKES NO WARRANTIES WHATSOEVER REGARDING THE SOFTWARE AND IN PARTICULAR, DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION IN ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM OR SOFTWARE ENVIRONMENT OR CONFIGURATION, OR BE COMPATIBLE WITH EVERY COMPUTER SYSTEM. IF THE SOFTWARE IS DEFECTIVE FOR ANY REASON, YOU WILL ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR REPLACEMENTS.
9. DISCLAIMER. CIVILENGINES DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS, DEFECTS, ERRORS OR OMISSIONS. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND CIVILENGINES MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY ACCOMPANYING ITEMS INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY. CIVILENGINES WILL HAVE NO LIABILITY OR OBLIGATION FOR ANY DAMAGES OR REMEDIES, INCLUDING, WITHOUT LIMITATION, THE COST OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, LOST REVENUES OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS LICENSE OR THE USE OR INABILITY TO USE THE SOFTWARE. IN NO EVENT WILL CIVILENGINES' TOTAL AGGREGATE LIABILITY (WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER LEGAL THEORY) WITH REGARD TO THE SOFTWARE AND/OR THIS LICENSE EXCEED THE LICENSE FEE PAID BY YOU. FURTHERMORE, CIVILENGINES WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS LICENSE AS A RESULT OF ANY CAUSES OR CONDITIONS BEYOND CIVILENGINES' REASONABLE CONTROL.
10.1 (USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
11. U.S. GOVERNEMENT RESTRICTED RIGHTS LEGEND. If the SOFTWARE is acquired by any agency or other part of the U.S. government in a transaction subject to the Federal Acquisition Regulations or the Defense Federal Acquisition Regulations,the SOFTWARE is furnished with Restricted Rights. The SOFTWARE is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein, as amended from time to time, including subparagraphs (c)(1) and (2) of the Commercial Computer SOFTWARE - Restricted Rights clause at Section 48 C.F.R. 52.227-19.
12. EXPORT LAW. You acknowledge and agree that the Software may be subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. You agree and certify that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred, or reexported, directly or indirectly, into any country, except pursuant to an export control license under the Act and the regulations thereunder, or will be used for any purpose prohibited by the same. By using the Software, You are acknowledging and agreeing to the foregoing, and You are representing and warranting that You will comply with all of the United States and other applicable country laws and regulations when either exporting or re-exporting or importing the Software or any underlying information technology. Further, You represent and warrant that You are not a national of Cuba, Iran, Libya, North Korea, Sudan or Syria or a party listed in the U.S. Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals.
13. ENTIRE AGREEMENT. This License and the Usage License Agreement constitutes the entire agreement between you and CIVILENGINES regarding the SOFTWARE, its SERVICES, and all accompanying documentation. If any provision is found to be invalid by a court of competent jurisdiction, the balance of the provisions will remain in full force and effect. This License will be governed by and construed in accordance with the laws of the United States of America. The parties hereby attorn to the jurisdiction of the courts of the State of Delaware in the event of any dispute hereunder, without giving effect to principles of conflict of laws. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. The provisions of the U.N. Convention on Contracts For The International Sale of Goods (1980) and any successor Convention, will not apply to this License.
14. INUREMENT. The rights, restrictions, limitations, disclaimers and remedies granted to, retained by, or for the benefit of CIVILENGINES will inure to the benefit of and will be enforceable by CIVILENGINES and its licensors, successors and assigns. You may not assign your rights, obligations and interest in and to this License without the prior written consent of CIVILENGINES. The obligations, covenants and rights which apply to you will inure to your benefit and will be binding on you and your permitted successors and assigns.
BY INSTALLING THE SOFTWARE, OR, WHERE APPLICABLE, CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THIS LICENSE, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO DOWNLOAD OR INSTALL THE SOFTWARE OR CLICK ON THE "I ACCEPT" BUTTON (WHERE APPLICABLE).
You, the user, assume all responsibility for the selection of the SOFTWARE to achieve your intended results and for the installation, use and results obtained from the SOFTWARE. If you have any questions concerning this, you may contact CIVILENGINES via email at "information at civilengines dot com."
Optionally, you may also contact us via postal mail:
Paolo de Dios
Civil Engines Research
888c 8th Avenue, #516
New York, NY 10019