1. License.   The University Corporation for Atmospheric Research (UCAR) grants you (the undersigned “Licensee”) a non-exclusive, nontransferable, world-wide, royalty-free License to use certain R Code and C Code developed for, and provided to, Licensee by UCAR (the “Software”) for non-commercial purposes.  
   
2. Restrictions and Use.
   1. No Sales.   Licensee shall not sell, or license or transfer for a fee the Software, or any work that in any manner contains the Software.
   2. Modifications.   All modifications or changes to the Software and derivative works that incorporate or utilize the Software, shall carry prominent notices stating that you changed the files and the date of the change. Licensee may also transfer such modifications, changes, and/or derivative works back to UCAR.
   3. Notices.   Each copy of the Software and any modifications shall include a copy of this Agreement and all copyright information and notices as set forth below:   
      
      NOTICE:  The Software (insert title here) module is the sole and exclusive property of the University Corporation for Atmospheric Research.  Copyright © 2006 University Corporation for Atmospheric Research.  All Rights Reserved.
      
      
   Such notices shall be displayed on any documents, media, printouts, and visualization or on any other electronic or tangible expressions associated with, related to or derived from the Software or associated documentation.  
   
   
3. Termination.   Your rights under this Agreement will terminate automatically without notice from UCAR if you fail to comply with any term(s) of this Agreement.  Licensee may terminate this Agreement at any time by destroying the Software and any related documentation and any complete or partial copies thereof.  Upon termination, all rights granted under this Agreement shall terminate.  The following provisions shall survive termination: Sections 2, 5, 6, and 10.
   
   
4. Proprietary Rights.  Title, ownership rights, and intellectual property rights in the Software shall remain in UCAR.  You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with UCAR’S ownership of or rights with respect to the Software.
   
   
5. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and UCAR EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY, MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. UCAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, UCAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AND YOU ASSUME ALL RISK REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE PARTIES EXPRESSLY DISCLAIM THAT THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) APPLIES TO OR GOVERNS THIS AGREEMENT.  No oral or written information or advice given by UCAR or a UCAR authorized representative shall create a warranty or in any way increase the scope of this warranty. Should the Software prove defective, you (and not UCAR or any UCAR representative) assume the cost of all necessary correction.
   
   
6. Limitation of Liability.  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL UCAR BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING LOST REVENUE, PROFIT OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF UCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   
7. Export Law Assurances. All Software and any technical data delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries.  You agree to comply strictly with all such laws and regulations and you acknowledge that you have responsibility to obtain such license to export, re-export, or import as may be required after delivery to you.    
   
   
8. No Support/Modifications. The Software is provided without any support or maintenance, and without any obligation to provide you with modifications, improvements, enhancements, or updates of the Software.
   
   
9. Controlling Law and Severability.  This Agreement shall be governed by the laws of the United States and the State of Colorado. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
   
   
10. The Software includes certain copyrighted, segregable components listed below (the “Third Party Code”).  For this reason, you must check the source identified below for additional notice requirements and terms of use that may apply to your use of this Software.   
    
    

    Code	Copyright	Source Link for additional Terms
    Diamond Systems header file dscud.h	Copyright © 2003 Diamond Systems Corporation.  All rights reserved.	www.diamondsystems.com
    libparsifal library	Copyright © 2002-2005 Toni Uusitalo released to the public domain 2002-11-15	http://www.saunalahti.fi/~samiuus/toni/xmlproc/

11. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in a writing and signed by UCAR.
    
    

EOL webmaster