Non-Commercial Non-Exclusive License for Charm++ Software
The Software (as defined below) will only be licensed to You (as defined below) upon the condition that You accept all of the terms and conditions contained in this license agreement (“License”). Please read this License carefully. By downloading and using the Software, You accept the terms and conditions of this License.
- 1.1 “Illinois” means The Board of Trustees of the University of
- 1.2 “Software” means the Charm++/Converse parallel programming
- software source code and object code.
- 1.3 “You” (or “Your”) means an individual or legal entity exercising
- rights under, and complying with all of the terms of, this License. For legal entities, “You” includes any entity that controls, is controlled by, or is under common control with You. For purposes of this License, “control” means ownership, directly or indirectly, of more than fifty percent (50%) of the equity capital of the legal entity.
- 2 License Grant. Subject to Your compliance with the terms and
- conditions of this License, Illinois on behalf of Prof. Sanjay Kale’s Parallel Programming Laboratory (PPL) group in the Department of Computer Science, hereby grants You a non-commercial, non-exclusive, non-transferable, royalty-free, restrictive license to download, use, and create derivative works of the Software for academic and research purposes only.
License Restrictions. Any uses of Software or Software derivative works beyond those granted in Section 2 above require a separate for a fee license. To negotiate a license with additional rights, You may contact Illinois at the Office of Technology Management at firstname.lastname@example.org or Charmworks, Inc. at email@example.com.
3 The following are some of the restricted use cases:
- 3.1 Integration of all or part of the Software or Software
- derivative works into a product for sale, lease or license by or on behalf of You to third parties; or
- 3.2 Distribution of all or part of the Software or Software
- derivative works to third parties for any reason, including for commercializing products sold or licensed by or on behalf of You, except for contributing changes to Software;
- 3.3 Use of Software or Software derivative works for internal
- commercial purposes.
- 3.4 For avoidance of doubt, You may at Your own expense, create and
- freely distribute Your works that interoperate with the Software, directing the users of such works to license and download the Software itself from Illinois’ site at http://charm.cs.illinois.edu/research/charm.
- 4 Derivative works: You may at Your own expense, modify the Software
- to make derivative works as outlined in Section 2. Any derivative work should be clearly marked and renamed to notify users that it is a modified version and not the original Software distributed by Illinois. You agree to reproduce the copyright notice per Section 7 and other proprietary markings on any derivative work and to include in the documentation of such work the acknowledgement: “This software includes code developed by Parallel Programming Laboratory research group in the Department of Computer Science, at the University of Illinois at Urbana-Champaign.”
- 5 Contributing derivative works: Software is being freely distributed
as a research and teaching tool and as such, PPL research group encourages feedback and contributions from users of the code that might, at Illinois’ sole discretion, be used or incorporated to make the basic operating framework of the Software a more stable, flexible, and/or useful product. If You wish to contribute Your code to become an internal portion of the Software:
- 5.1 You agree that such code may be distributed by Illinois under
- the terms of this License; and
- 5.2 You may be required to sign an “Agreement Regarding Contributory
- Code for Charm++ Software” (contact firstname.lastname@example.org), before Illinois can accept it.
- 6.1 You shall own the results obtained by using the outputs of
- Software and Software derivative works. If You publish such results, You shall acknowledge the use of Software and its derivative works by the appropriate citation as follows: “Charm++ software was developed by the Parallel Programming Laboratory research group in the Department of Computer Science at the University of Illinois at Urbana-Champaign.”
- 6.2 Any published work, which utilizes Software, shall include the
- following the references listed in the file named CITATION.cff in the distribution.
- 6.3 Electronic documents will include a direct link to the official
- Software page at http://charm.cs.illinois.edu/research/charm.
- 7 Copyright Notices. All copies of the Software or derivative works
- shall include the following copyright notice: “Copyright 2019 The Board of Trustees of the University of Illinois. All rights reserved.”
- 8 Confidential Information. You acknowledge that the Software is
- proprietary to Illinois. You agree to protect the Software from unauthorized disclosure, use, or release and to treat the Software with at least the same level of care as You use to protect Your own proprietary software and/or confidential information, but in no event less than a reasonable standard of care. If You become aware of any unauthorized licensing, copying or use of the Software, You shall promptly notify Illinois in writing at email@example.com.
- 9 Limitation of Warranties. Limitation of
- Liability. Indemnification. THIS SOFTWARE IS PROVIDED “AS IS” AND ILLINOIS MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE SOFTWARE AND DERIVATIVE WORKS WILL NOT INFRINGE ANY PATENT, TRADEMARK, OR OTHER RIGHTS. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND/OR DERIVATIVE WORKS. YOU AGREE THAT ILLINOIS SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WITH RESPECT TO ANY CLAIM BY YOU OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING FROM THIS LICENSE OR USE OF THE SOFTWARE AND/OR DERIVATIVE WORKS. YOU SHALL INDEMNIFY AND HOLD HARMLESS ILLINOIS (INCLUDING ITS TRUSTEES, FELLOWS, OFFICERS, EMPLOYEES, STUDENTS, AND AGENTS) AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, AND/OR LIABILITY, AS WELL AS COSTS AND EXPENSES (INCLUDING LEGAL EXPENSES AND REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR USE, OR INABILITY TO USE, THE SOFTWARE OR SOFTWARE DERIVATIVE WORKS, REGARDLESS OF THEORY OF LIABILITY, WHETHER FOR BREACH OR IN TORT (INCLUDING NEGLIGENCE).
- 10.1 This License is effective until terminated, as provided
- herein, or until all intellectual property rights in the Software expire.
- 10.2 You may terminate this License at any time by destroying all
- copies of the Software and its derivative works.
- 10.3 This License, and the rights granted hereunder, will terminate
- automatically, and without any further notice from or action by Illinois, if You fail to comply with any obligation of this License.
- 10.4 Upon termination, You must immediately cease use of and destroy
- all copies of the Software and its derivative works and verify such destruction in writing.
- 10.5 The provisions set forth in Sections 5, 9, 11, 12, 13, 14, 15
- shall survive termination or expiration of this License.
- 11 Governing Law. By using this Software, You agree to abide by the
- laws of the State of Illinois and all other applicable laws of the U.S, including, but not limited to, export control laws, copyright law and the terms of this License.
- 12 Severability. If any provision of this License is held to be
- invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
- 13 Assignment. You may not assign or otherwise transfer any of Your
- rights or obligations under this License, without the prior written consent of Illinois.
- 14 Entire License. This License represents the parties’ entire
- agreement relating to the Software. Except as otherwise provided herein, no modification of this License is binding unless in writing and signed by an authorized representative of each party.
- 15 Waiver. The failure of either party to enforce any provision of
- this License shall not constitute a waiver of that right or future enforcement of that or any other provision.
Approved for legal form Illinois Counsel SJA 10/18
University Technology No. TF08023 Commercial Non-Exclusive Software License