LOS ALAMOS NATIONAL SECURITY, LLC NON-EXCLUSIVE, NONCOMMERCIAL "SHAREWARE" SOFTWARE END USER LICENSE AGREEMENT
Los Alamos National Security, LLC (LANS) conducts research and development at Los Alamos National Laboratory (LANL) for the U.S. Government under Contract No. DE-AC52-06NA25396 with the National Nuclear Security Agency (NNSA) of the U.S. Department of Energy (DOE).
PLEASE READ THE TERMS OF THE FOLLOWING LICENSE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THE SOFTWARE DISTRIBUTED WITH THIS AGREEMENT (THE "SOFTWARE"), YOU ARE CONFIRMING YOUR ACCEPTANCE OF THIS SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (THE "AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD THE SOFTWARE.
Software, as used herein, means KIVA-EXEC.
1. LICENSE GRANT
This Software is for non-commercial use only and your rights in the Software are strictly limited to home, classroom, personal or recreational use only by you and not for the benefit of third parties.
Subject to the terms of this Agreement, LANS grants you a non-exclusive, non-transferable license to use the Software distributed with this Agreement during the term of this Agreement on a single designated computer. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Your rights in the Software are limited to those expressly granted in this Section 1. Your rights in the Software do not cover any republication or distribution use without execution of a separate agreement with LANS allowing you to do so. All documentation and all releases, corrections, updates and enhancements provided hereunder shall be considered part of the "Software". You may not use the Software or files generated as a result of the use the Software, or any prints or screen outputs generated with the Software in any commercial or business environment or for any commercial or business purposes for yourself or any third parties.
THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF MEDICAL, POWER, CHEMICAL, NOR NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR TRAFFIC CONTROL MACHINES OR ANY OTHER SUCH ACTIVITY IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Your rights under this license will terminate automatically without notice from LANS if you fail to comply with any term(s) of this license.
2. LICENSE RESTRICTIONS
You shall not copy, reverse engineer, decompile, disassemble, translate, modify or make derivative works of the Software in whole or in part. Further, you shall not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Software or any part thereof or use it in any manner not expressly authorized by this Agreement. Any attempt to transfer any of the rights, duties or obligations hereunder except as expressly provided for in this Agreement is prohibited and will automatically terminate this Agreement. The Software may contain patented or additional copyrighted material of LANS, and you shall at all times take reasonable steps to protect the confidentiality of such information.
3. PROPRIETARY RIGHTS
(a) You are only licensing rights to use the Software for the purposes described in Section 1. The Software, in whole and in part and all copies thereof, are and will remain the sole and exclusive property of LANS.
(b) You will not delete or in any manner alter the copyright, trademark, or other proprietary rights notices of LANS and its licensors, if any, appearing on or in the Software, file and screen outputs and prints generated with the Software as delivered to you.
4. LIMITED WARRANTY AND LIMITATION OF LIABILITY
(a) This license and the Software are provided AS IS, WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. NEITHER LANS NOR THE U. S. GOVERNMENT MAKES ANY REPRESENTATION OR WARRANTY THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY COPYRIGHT, PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT WILL LANS OR THE U.S. GOVERNMENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM EXERCISE OF THIS LICENSE OR THE USE OF LICENSED SOFTWARE.
(b) LICENSEE agrees to indemnify LANS and the U.S. Government and their officers, employees, assignees and agents, against all damages, costs, and expenses, including attorneys' fees, arising from use of Software by LICENSEE under this agreement. This indemnification includes, but is not limited to, product liability.
(c) Third Party References and Material. References made either in the Software may include reference to products, services, trademarks or hyperlinks of third parties. No such reference(s) shall constitute or imply an endorsement or recommendation by LANS. LANS makes no guarantee or representation concerning the accuracy, currency, or quality of the content displayed using the Software.
5. GOVERNMENT RIGHTS
This software resulted from work developed under a U.S. Government contract and is subject to the following license. The U.S. Government is granted for itself and others acting on its behalf a paid-up, non-exclusive, irrevocable worldwide license to reproduce, prepare derivative works, and perform publicly and display publicly the Software.
LICENSEE agrees it shall not distribute or transfer the Software to any other person or entity without prior written permission of LANS.
This Agreement will expire on a date five years from the date of installation of the Software.
(a) Choice of Law. This agreement will be interpreted and construed in accordance with the laws of the State of New Mexico, excluding any choice of law rules that would direct the application of the laws of another jurisdiction.
(b) Assignment. This License Agreement is personal to the Licensee. The Licensee may not assign or transfer this License Agreement, including by merger, operation of law, or otherwise, without the Licensor's prior written consent. This License Agreement is binding upon and will inure to the benefit of the Licensor, its successors and assigns.
(c) Severability. If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and if not possible, severed, and the legality and enforceability of the other provisions of this Agreement will not be affected
(d) Survival of Obligations. The provisions of Sections 3 (Proprietary Rights), 4 (Limitation of Liability), 5 (Government Rights), and 8 (General) will survive termination of this Agreement.
(e) Entire Agreement. This license constitutes the entire agreement between you and LANS with respect to the use of the Software.