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KNOWBOT® SYSTEM SOFTWARE (Version 1.0 alpha 2)
CNRI LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
BY CLICKING ON THE "AGREE" LINK BELOW YOU ACKNOWLEDGE THAT
YOU ARE THEREBY REQUESTING RELEASE TO YOU OF THE SOFTWARE SUBJECT TO
THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU HAVE READ AND
AGREED TO THESE TERMS AND CONDITIONS.
1. THIS CNRI LICENSE AGREEMENT (the "Agreement"), by and between
the Corporation for National Research Initiatives, having an office at
1895 Preston White Drive, Reston, VA 20191 ("CNRI") and the Individual
or Organization ("Licensee") requesting release of the Knowbot System
Software (ver. 1.0 alpha 2) in source code form and its associated
documentation as provided herein ("Software"), is effective as of the
date of release to Licensee of the Software.
2. CNRI owns the Software and copyrights and other rights therein.
CNRI grants Licensee a non-exclusive, non-transferable, royalty-free,
worldwide license to reproduce, analyze, test, modify, perform and/or
display publicly, and otherwise use the Software solely for
educational, research and experimental purposes, provided, however,
that this Agreement and the following CNRI notices of copyright and
trademark are retained in the Software: "© Copyright 1998
Corporation for National Research Initiatives. All Rights Reserved."
and "Knowbot® System Software."
3. This Agreement does not authorize Licensee to distribute copies
of the Software to the public, or provide any commercial service to
the public using the Software. Third parties wishing to obtain the
Software must obtain it directly from CNRI. It is understood,
however, that Licensee may enter into experiments with other licensees
of the Software to implement and otherwise use the Software over the
Internet solely for the purposes set forth in this Agreement.
4. CNRI encourages Licensee to share with CNRI any bug fixes,
suggestions, patches, minor corrections and the like ("Bug Fixes")
made by Licensee to the Software. Licensee hereby agrees not to send
CNRI any confidential or proprietary information or material relating
to the Software either in the form of Bug Fixes or otherwise, absent a
separate written agreement between CNRI and Licensee for this
purpose. CNRI may, at its sole discretion, decide whether or not to
incorporate in the Software any Bug Fixes received from Licensee.
5. In the installation, running or other permitted use of the
Software provided to Licensee under this Agreement, CNRI has no
objection if Licensee accesses, reproduces, makes available to the
public or otherwise uses computer software, or other information or
material that is owned in whole or in part by third parties to this
Agreement, provided, however, that any such use has been licensed or
otherwise authorized for use by Licensee. Licensee hereby
acknowledges that CNRI shall not be deemed a party to or otherwise
subject to any obligations of Licensee to third parties to this
Agreement, and that Licensee is solely responsible for obtaining any
necessary authorizations for carrying out its educational, research
and experimental efforts under this Agreement.
6. Licensee may not use CNRI's trademarks or trade name, including
Knowbot or CNRI, in any trademark sense to endorse or promote any
product or service of Licensee or any third party. Licensee may use
the mark Knowbot in connection with Licensee's provision of any
educational, research or experimental goods or services that are based
on the Software or any derivative thereof produced by Licensee, but
only in form, "Knowbot®-based Nifty Service," or
equivalent, together with a statement that "Knowbot" is a registered
trademark of CNRI.
7. CNRI is making the Software available to Licensee on an "AS IS"
basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE, OR THAT THE SOFTWARE WILL NOT INFRINGE ANY
THIRD PARTY RIGHTS, INCLUDING PATENT RIGHTS, OR THAT THE SOFTWARE WILL
BE COMPATIBLE WITH FUTURE VERSIONS OF THE KNOWBOT SYSTEM SOFTWARE.
8. IN NO EVENT SHALL CNRI BE LIABLE TO LICENSEE OR OTHER USERS OF
THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR
LOSS AS A RESULT OF INSTALLING OR OTHERWISE USING THE SOFTWARE, OR ANY
DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO
THE ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE.
9. This Agreement may be terminated by CNRI: (i) immediately upon
notice from CNRI of any material breach by Licensee, if the nature of
the breach is such that it cannot promptly be remedied; or (ii) sixty
(60) days following notice from CNRI to Licensee of a material
remediable breach, if Licensee has not remedied such breach within
that sixty-day period.
10. Licensee hereby agrees that any controversy or claim arising
out of or relating to this Agreement, its execution or breach, and any
damages allegedly suffered therefrom, shall first be submitted to
friendly negotiation between CNRI and Licensee. Disputes which cannot
be resolved through negotiation shall be settled in accordance with
the Commercial Arbitration Rules of the American Arbitration
Association by one arbitrator appointed in accordance with said Rules.
The place of arbitration shall be Washington, D.C., and any award,
order or judgment pursuant to such arbitration may be entered and
enforced in any court of competent jurisdiction. The English language
shall be used throughout the proceedings.
11. This Agreement shall be governed by and interpreted in all
respects by the law of the State of Virginia. In the event any part of
this Agreement is declared invalid or otherwise unenforceable by a
court of competent jurisdiction, the remaining provisions shall remain
in effect. Nothing in this Agreement shall be deemed to create any
relationship of agency, partnership, or joint venture between CNRI and
Licensee. Licensee is solely responsible for the payment of any taxes
resulting from Licensee's use of the Software. It is the
responsibility of Licensee or any other individual or organization
contemplating transactions subject to U. S. export control laws and
regulations to comply with all applicable export control laws and
regulations.
By clicking on the link below, you will be deemed to request
release to you of the Software, subject to the terms and conditions of
this Agreement.
AGREE
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