<commit_before>IMPORTANT.  This is a legally binding agreement between Kestrel Institute ("Kestrel") and you ("Licensee").  It is the complete and exclusive statement of the terms and conditions regarding your use of the Specware system.  Read it carefully.  By selecting "I Accept", you agree to be bound by this agreement. you are not permitted to use the Software unless you agree. 

Software License Agreement (Specware -- "Government License")

U.S. Government Unlimited Rights. Specware is provided with Unlimited Government Rights.

Ownership and Proprietary Rights Notices.  Specware is proprietary to Kestrel and its licensors, and all rights, title and interest in Specware will at all times remain the property of Kestrel and its licensors, irrespective of the ownership of the media, if any, on which any copies of Specware are recorded.  All proprietary rights notices or legends in Specware and any related documentation provided by Kestrel, including trade names, trademarks, copyright designations and authorship attributions shall be retained in any and all copies of Specware.  Any publication by or on behalf of Licensee which refers to Specware shall state that Specware was created by Kestrel.

Disclaimer of Warranty.  Specware is experimental in nature and is provided "as is" with no warranty, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non infringement. Licensee assumes the entire risk arising out of use of Specware.  No oral or written information or advice given by Kestrel, its licensors, employees or agents shall create or increase the scope of any warranties.

Limitation of Liability.  In no event shall Kestrel or any of its suppliers or licensors or any suppliers or licensors of any of its suppliers or licensors be liable to Licensee or to any third party for any damages of any kind (including, without limitation, lost profits, lost data, interruption of business, or other general, special, direct, indirect, incidental or consequential damages), whether in contract, tort (including negligence) or otherwise, arising out of this license or the use of or inability to use Specware or any data supplied therewith, even if Kestrel or its licensors have been advised of the possibility of such damages.

Term and Termination.  This Agreement will be effective immediately, and shall continue until terminated as set forth herein.  Kestrel may terminate this Agreement immediately at any time upon written notice to Licensee if Licensee breaches any term of this Agreement.  Licensee may terminate this Agreement by written notice to Kestrel if Licensee no longer wishes to make use of Specware.  Upon termination of this Agreement, Licensee will immediately cease using Specware, and delete all copies of Specware. Termination of this Agreement will not limit either party from pursuing any other remedies available to it, including but not limited to injunctive relief.

Export Law.  Specware is subject to U.S. export control laws and may be subject to export and re-export restrictions and regulations of the Department of Commerce or other United States agency or authority as well as export or import regulations in other countries.  Licensee agrees to strictly comply with all such laws and restrictions and regulations, and not to transfer, or authorize the transfer, of Specware or any part thereof to a prohibited country or otherwise in violation of any such restrictions or regulations.  If an individual, Licensee acknowledges that he or she is not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria, or a party that is listed in the U.S. Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals.

Fee Waiver and Absence of Support Obligations.  Provided that Licensee complies with the terms of this Agreement, Kestrel shall waive the license fees for the use of Specware.  Kestrel and its suppliers or licensors shall have no obligation to provide any support or maintenance services to Licensee.  Kestrel may, but is not obliged to, provide newer releases of Specware. Kestrel requests that its Academic & Research Licensees, as a matter of courtesy, provide a copy to Kestrel of publications arising from research using Specware.

General.  This Agreement shall be governed by the laws of the State of California and the United States of America, without regard to choice of law principles.  Each party agrees to comply with all applicable laws, rules and regulations in connection with its activities under this Agreement.

<commit_msg>Leave out option for Kestrel to revoke license at any time (which presumbaly conflicts with unlimited government rights)<commit_after>IMPORTANT.  This is a legally binding agreement between Kestrel Institute ("Kestrel") and you ("Licensee").  It is the complete and exclusive statement of the terms and conditions regarding your use of the Specware system.  Read it carefully.  By selecting "I Accept", you agree to be bound by this agreement. you are not permitted to use the Software unless you agree. 

Software License Agreement (Specware -- "Government License")

U.S. Government Unlimited Rights. Specware is provided with Unlimited Government Rights.

Ownership and Proprietary Rights Notices. Specware is proprietary to Kestrel and its licensors, and all rights, title and interest in Specware will at all times remain the property of Kestrel and its licensors, irrespective of the ownership of the media, if any, on which any copies of Specware are recorded. All proprietary rights notices or legends in Specware and any related documentation provided by Kestrel, including trade names, trademarks, copyright designations and authorship attributions shall be retained in any and all copies of Specware. Any publication by or on behalf of Licensee which refers to Specware shall state that Specware was created by Kestrel.

Disclaimer of Warranty. Specware is experimental in nature and is provided "as is" with no warranty, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non infringement. Licensee assumes the entire risk arising out of use of Specware. No oral or written information or advice given by Kestrel, its licensors, employees or agents shall create or increase the scope of any warranties.

Limitation of Liability. In no event shall Kestrel or any of its suppliers or licensors or any suppliers or licensors of any of its suppliers or licensors be liable to Licensee or to any third party for any damages of any kind (including, without limitation, lost profits, lost data, interruption of business, or other general, special, direct, indirect, incidental or consequential damages), whether in contract, tort (including negligence) or otherwise, arising out of this license or the use of or inability to use Specware or any data supplied therewith, even if Kestrel or its licensors have been advised of the possibility of such damages.

Term and Termination. This Agreement will be effective immediately, and shall continue until terminated as set forth herein. Licensee may terminate this Agreement by written notice to Kestrel if Licensee no longer wishes to make use of Specware. Upon termination of this Agreement, Licensee will immediately cease using Specware, and delete all copies of Specware. Termination of this Agreement will not limit either party from pursuing any other remedies available to it, including but not limited to injunctive relief.

Export Law. Specware is subject to U.S. export control laws and may be subject to export and re-export restrictions and regulations of the Department of Commerce or other United States agency or authority as well as export or import regulations in other countries. Licensee agrees to strictly comply with all such laws and restrictions and regulations, and not to transfer, or authorize the transfer, of Specware or any part thereof to a prohibited country or otherwise in violation of any such restrictions or regulations. If an individual, Licensee acknowledges that he or she is not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria, or a party that is listed in the U.S. Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals.

Fee Waiver and Absence of Support Obligations. Provided that Licensee complies with the terms of this Agreement, Kestrel shall waive the license fees for the use of Specware. Kestrel and its suppliers or licensors shall have no obligation to provide any support or maintenance services to Licensee. Kestrel may, but is not obliged to, provide newer releases of Specware. Kestrel requests that its Academic & Research Licensees, as a matter of courtesy, provide a copy to Kestrel of publications arising from research using Specware.

General. This Agreement shall be governed by the laws of the State of California and the United States of America, without regard to choice of law principles. Each party agrees to comply with all applicable laws, rules and regulations in connection with its activities under this Agreement.


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