University of Nebraska Open Academic License, Version 1.0 Preamble: This Preamble is intended to describe, in plain English, the nature, intent, and scope of this License. However, this Preamble is not a part of this License. The legal effect of this License is dependent only upon the terms of the License and not this Preamble. This license is based upon the principle that the sharing of software with other research and teaching institutions is vital to higher education and the development of knowledge and understanding. Further, the sharing of the source code for the application is mutually beneficial. However, these must be weighed against the protection of intellectual property. Therefore, we allow the free use of our software at other institutions of higher learning but reserve the rights to sell, modify, and distribute the software. We further allow the use of the source in order to improve the application but restrict the use of the source. License: NOTICE - READ ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE. DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE ACCOMPANYING THIS LICENSE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. 1. GRANT OF RIGHT: This software program provided in binary and source code format (the "Program" and "Source" respectively) and any related documentation (the "Documentation") are licensed, not sold, to you. The University of Nebraska grants you a personal, non-exclusive and non- transferable right to use the Program, Source, and Documentation, subject to the terms and restrictions of this Agreement. The Program, Source, and Documentation may be used by you, or an organization of which you are a member or employee, solely for non-commercial, educational, evaluation and/or personal use on a single computer. "Non- commercial use" means uses that are not or will not result in (a) the sale, lease or rental of the Program, Source, or Documentation; and/or (b) the use of the Program, Source, or Documentation in any commercial product or service. You may make as many copies of the Program, Source, and/or Documentation as needed in order to use and/or modify the software. However, you may not redistribute the software with your changes without approval of the ESQuaReD Laboratory, the Computer Science and Engineering Department, and The University of Nebraska. You may donate your changes to the ESQuaReD Laboratory in which case we may opt to include your changes into the official distribution of the software. You are also granted the right to distribute your changes as a patch to the official release. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU AGREE NOT TO USE, COPY, MODIFY OR TRANSFER THE Program OR Documentation OR ANY COPY, IN WHOLE OR IN PART. You agree to use your best efforts to prevent and protect the contents of the Program, Source, and Documentation from unauthorized disclosure or use. You agree not to sublicense, assign, delegate, rent, lease or otherwise transfer this license or any of the related rights or obligations for any reason. The University of Nebraska reserves all rights not expressly granted to you. NO OTHER LICENSES ARE GRANTED OR IMPLIED. 2. OWNERSHIP: The Program, Source and Documentation are and will remain the sole property of The University of Nebraska. The Program, Source, and Documentation are copyrighted works and protected by copyright law and/or contains proprietary information protected at law. The University of Nebraska may at any time assign or transfer all or part of its interests in any rights to the Program, Source or Documentation. 3. LIMITATIONS ON USE: You agree not to transfer, sell, rent, lease, publish or otherwise distribute copies of the Program, Source, or Documentation to others including individuals internal or external to your own organization. Neither the name of the University of Nebraska nor the names of its contributors may be used to endorse or promote products derived from this software (in accordance with the terms of this license) without specific prior written permission. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product or research utilizes software developed by members of the ESQuaReD software engineering group (http://esquared.unl.edu) at the University of Nebraska, Lincoln and its contributors. 4. FEEDBACK: In consideration for this license, if you provide any feedback, reports on bugs, or errors in the Program or Source, or reports on the operation of the Program, or suggested modifications (collectively "Feedback") during the term of this Agreement, we shall have the right to use such Feedback for any purpose without payment or accounting to you. 5. TERMINATION: This license is effective until terminated. You may terminate this license at any time by destroying the Program, Source, Documentation and any permitted archival copies. This license automatically terminates if you fail to comply with its terms and conditions. The University of Nebraska may terminate this license at any time by providing you notice of such termination. Upon termination in any manner, you agree to destroy all copies of the Program and Documentation in your possession. Your obligations under Sections 3 and 8 herein shall survive and continue after any termination of this Agreement. 6. DISCLAIMER OF WARRANTY/LIMITATION OF REMEDIES: The ESQuaReD Laboratory, the Computer Science and Engineering Department, and The University of Nebraska have no obligation to support the Program, Source or Documentation provided under this license. To the extent permitted under applicable law, THE Program, Source and Documentation is licensed "AS IS", WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES AGAINST INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF A THIRD PARTY. The ESQuaReD Laboratory, the Computer Science and Engineering Department, and The University of Nebraska WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY OTHER RELIEF, OR FOR ANY CLAIM BY ANY THIRD PARTY, ARISING FROM YOUR USE OF THE Program, Source or Documentation. Some States and other jurisdictions do not allow for the exclusion or limitation of implied warranties so the above exclusions or limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from State to State. 7. ENTIRE AGREEMENT: This Agreement sets forth the entire agreement and understanding between the parties pertaining to the subject matter hereof and merges all prior written or oral discussions between them. This Agreement shall be construed in accordance with and governed by the laws of the State of Nebraska, United States of America, excluding the United Nations Convention on Contracts for the International Sale of Goods. 8. COMMERCIAL LICENSE: For information regarding a commercial license please contact the ESQuaReD Laboratory at: Computer Science and Engineering Dept., 256 Avery Hall, Lincoln, NE 68588-0115. You may also contact the ESQuaReD Laboratory at 402.472.2184.