This End-User License Agreement
("EULA") is a legal agreement between you and the Image Analysis and
Communications Laboratory at Johns Hopkins University for the software named
CATNAP.
You should print out this license agreement
and keep a copy for your records.
Installation, use, reproduction, display, modification and redistribution of
this Software, with or without modification, in source and binary forms, are
expressly forbidden.
Any exercise of rights under this license including sublicenses by you is
subject to the following conditions:
Any academic report,
publication, or other academic disclosure of results obtained with this
Software will acknowledge this Software's use by an appropriate citation.
To the extent that patent
claims licensable by the Image Analysis and Communication Laboratory or
Johns Hopkins University are necessarily infringed by the use or sale of
the Software, you are granted a non-exclusive, worldwide, royalty-free
perpetual license under such patent claims, with the rights for you to
make, use, sell, offer to sell, import and otherwise transfer the Software
in source code and object code form and derivative works. This patent
license shall apply to the combination of the Software with other software
if, at the time the Software is added by you, such addition of the
Software causes such combination to be covered by such patent claims. This
patent license shall not apply to any other combinations which include the
Software. No hardware per se is licensed hereunder. If you or any
subsequent sub-licensee (a ``Recipient") institutes patent litigation
against any entity (including a cross-claim or counterclaim in a lawsuit)
alleging that the Software infringes such Recipient's patent(s), then such
Recipient's rights granted (directly or indirectly) under the patent
license above shall terminate as of the date such litigation is filed. All
sublicenses to the Software which have been properly granted prior to
termination shall survive any termination of said patent license, if not
otherwise terminated pursuant to this section.
THIS SOFTWARE IS PROVIDED
BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS AND THE UNIVERSITY "AS
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY,
AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE DISCLAIMED. THE COPYRIGHT
HOLDERS AND CONTRIBUTORS AND THE UNIVERSITY MAKE NO REPRESENTATION THAT
THE SOFTWARE, MODIFICATIONS, ENHANCEMENTS OR DERIVATIVE WORKS THEREOF,
WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER
PROPRIETARY RIGHT.
LIMITATION OF LIABILITY
THE COPYRIGHT HOLDERS AND CONTRIBUTORS AND ANY OTHER OFFICER, AGENT, OR
EMPLOYEE OF THE UNIVERSITY SHALL HAVE NO LIABILITY TO LICENSEE OR OTHER
PERSONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA
OR PROFITS, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND ON ANY THEORY OF
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.