inary/licenses/tacc

UT TACC Research License (Source Code)

The Texas Advanced Computing Center of The University of Texas at Austin has 
developed certain software and documentation that it desires to make available 
without charge to anyone for academic, research, experimental or personal use. 
This license is designed to guarantee freedom to use the software for these 
purposes. If you wish to distribute or make other use of the software, you may 
purchase a license to do so from the University of Texas.

The accompanying source code is made available to you under the terms of this 
UT TACC Research License (this "UTTRL"). By clicking the "ACCEPT" button, or by 
installing or using the code, you are consenting to be bound by this UTTRL. If 
you do not agree to the terms and conditions of this license, do not click the 
"ACCEPT" button, and do not install or use any part of the code.

The terms and conditions in this UTTRL not only apply to the source code made 
available by UT TACC, but also to any improvements to, or derivative works of, 
that source code made by you and to any object code compiled from such source 
code, improvements or derivative works.

1. DEFINITIONS.

1.1 "Commercial Use" shall mean use of Software or Documentation by Licensee 
for direct or indirect financial, commercial or strategic gain or advantage, 
including without limitation: (a) bundling or integrating the Software with any 
hardware product or another software product for transfer, sale or license to a 
third party (even if distributing the Software on separate media and not 
charging for the Software); (b) providing customers with a link to the Software 
or a copy of the Software for use with hardware or another software product 
purchased by that customer; or (c) use in connection with the performance of 
services for which Licensee is compensated.

1.2 "Derivative Products" means any improvements to, or other derivative works 
of, the Software made by Licensee.

1.3 "Documentation" shall mean all manuals, user documentation, and other 
related materials pertaining to the Software that are made available to 
Licensee in connection with the Software.

1.4 "Licensor" shall mean The University of Texas.

1.5 "Licensee" shall mean the person or entity that has agreed to the terms 
hereof and is exercising rights granted hereunder.

1.6 "Software" shall mean the computer program(s) referred to as GotoBLAS made 
available under this UTTRL in source code form, including any error 
corrections, bug fixes, patches, updates or other modifications that Licensor 
may in its sole discretion make available to Licensee from time to time, and 
any object code compiled from such source code.

2. GRANT OF RIGHTS.

Subject to the terms and conditions hereunder, Licensor hereby grants to 
Licensee a worldwide, non-transferable, non-exclusive license to (a) install, 
use and reproduce the Software for academic, research, experimental and 
personal use (but specifically excluding Commercial Use); (b) use and modify 
the Software to create Derivative Products, subject to Section 3.2; and (c) use 
the Documentation, if any, solely in connection with Licensee's authorized use 
of the Software.

3. RESTRICTIONS; COVENANTS.

3.1 Licensee may not: (a) distribute, sub-license or otherwise transfer copies 
or rights to the Software (or any portion thereof) or the Documentation; (b) 
use the Software (or any portion thereof) or Documentation for Commercial Use, 
or for any other use except as described in Section 2; (c) copy the Software or 
Documentation other than for archival and backup purposes; or (d) remove any 
product identification, copyright, proprietary notices or labels from the 
Software and Documentation. This UTTRL confers no rights upon Licensee except 
those expressly granted herein.

3.2 Licensee hereby agrees that it will provide a copy of all Derivative 
Products to Licensor and that its use of the Derivative Products will be 
subject to all of the same terms, conditions, restrictions and limitations on 
use imposed on the Software under this UTTRL. Licensee hereby grants Licensor a 
worldwide, non-exclusive, royalty-free license to reproduce, prepare derivative 
works of, publicly display, publicly perform, sublicense and distribute 
Derivative Products. Licensee also hereby grants Licensor a worldwide, 
non-exclusive, royalty-free patent license to make, have made, use, offer to 
sell, sell, import and otherwise transfer the Derivative Products under those 
patent claims licensable by Licensee that are necessarily infringed by the 
Derivative Products.

4. PROTECTION OF SOFTWARE.

4.1 Confidentiality. The Software and Documentation are the confidential and 
proprietary information of Licensor. Licensee agrees to take adequate steps to 
protect the Software and Documentation from unauthorized disclosure or use. 
Licensee agrees that it will not disclose the Software or Documentation to any 
third party.

4.2 Proprietary Notices. Licensee shall maintain and place on any copy of 
Software or Documentation that it reproduces for internal use all notices as 
are authorized and/or required hereunder. Licensee shall include a copy of this 
UTTRL and the following notice, on each copy of the Software and Documentation. 
Such license and notice shall be embedded in each copy of the Software, in the 
video screen display, on the physical medium embodying the Software copy and on 
any Documentation:

Copyright © The University of Texas, 2005. All right reserved.
UNIVERSITY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THIS SOFTWARE 
AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY 
PARTICULAR PURPOSE, NON-INFRINGEMENT AND WARRANTIES OF PERFORMANCE, AND ANY 
WARRANTY THAT MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. 
NO WARRANTY IS EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE USE OF THE 
SOFTWARE OR DOCUMENTATION. Under no circumstances shall University be liable 
for incidental, special, indirect, direct or consequential damages or loss of 
profits, interruption of business, or related expenses which may arise from use 
of Software or Documentation, including but not limited to those resulting from 
defects in Software and/or Documentation, or loss or inaccuracy of data of any 
kind.

5. WARRANTIES.

5.1 Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE 
SOFTWARE AND DOCUMENTATION ARE BEING PROVIDED ON AN "AS IS" BASIS WITHOUT ANY 
WARRANTIES OF ANY KIND RESPECTING THE SOFTWARE OR DOCUMENTATION, EITHER EXPRESS 
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5.2 Limitation of Liability. UNDER NO CIRCUMSTANCES UNLESS REQUIRED BY 
APPLICABLE LAW SHALL LICENSOR BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, 
DIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, INTERRUPTION OF BUSINESS, 
OR RELATED EXPENSES WHICH MAY ARISE AS A RESULT OF THIS LICENSE OR OUT OF THE 
USE OR ATTEMPT OF USE OF SOFTWARE OR DOCUMENTATION INCLUDING BUT NOT LIMITED TO 
THOSE RESULTING FROM DEFECTS IN SOFTWARE AND/OR DOCUMENTATION, OR LOSS OR 
INACCURACY OF DATA OF ANY KIND. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL 
APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT 
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER GROUNDS.

6. INDEMNIFICATION.

Licensee shall indemnify, defend and hold harmless Licensor, the University of 
Texas System, their Regents, and their officers, agents and employees from and 
against any claims, demands, or causes of action whatsoever caused by, or 
arising out of, or resulting from, the exercise or practice of the license 
granted hereunder by Licensee, its officers, employees, agents or 
representatives.

7. TERMINATION.

If Licensee breaches this UTTRL, Licensee\'s right to use the Software and 
Documentation will terminate immediately without notice, but all provisions of 
this UTTRL except Section 2 will survive termination and continue in effect. 
Upon termination, Licensee must destroy all copies of the Software and 
Documentation.

8. GOVERNING LAW; JURISDICTION AND VENUE.

The validity, interpretation, construction and performance of this UTTRL shall 
be governed by