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 Definitions.
1.1 "Illinois" means The Board of Trustees of the University of
Illinois.
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
otm@illinois.edu or Charmworks, Inc. at info@hpccharm.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 kale@illinois.edu), before
Illinois can accept it.
6 Acknowledgment.
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 otm@illinois.edu.
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 Termination.
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