THIS IS A NON-COMMERCIAL, RESEARCH USE ONLY LICENSE.
IMPORTANT **** READ CAREFULLY: This “Copyright License” is a legal agreement between you (either an individual or a single entity) (“You” or “Your”) and the State of Oregon, acting by and through the State Board of Higher Education on behalf of the University of Oregon, an institution of higher education located in Eugene, Oregon (“Oregon”) for use of the InCouple software. By clicking on the “I Agree” button below, or by using the InCouple software, You agree to be bound by the terms of this “Copyright License.” If You do not agree to the terms of this “Copyright License,” do not click the “I Agree” button below and do not use the InCouple software. This “Copyright License” is entered into as of the date that You click the “I Agree” button.BACKGROUND
A. Oregon owns the copyright, title, trademarks and all other related rights in and to the InCouple software that was developed by Dr. Tom Bulatewicz and others.
B. You are researching methods for, or are otherwise interested in coupling computational models.
C. You desire to use the InCouple software for demonstrative or evaluative purposes.
NOW, THEREFORE, in consideration of the promises, conditions, and representations contained herein, You agree as follows:
1. Your Rights.
Oregon hereby grants to You a non-exclusive, non-transferable, royalty-free copyright license (“Copyright License”) to do the following for non-commercial research purposes only:
a. use the InCouple software;
b. publicly display the InCouple software.
You shall not use the InCouple software for any other purpose, You shall not use the InCouple software for any commercial purpose, and You must contact Oregon to request permission to use the InCouple software in any other manner.
2. Oregon's Rights.
Oregon reserves and retains all rights of every kind and nature except those specifically granted to You in this Copyright License, including but not limited to the right to grant any rights to the InCouple software to other persons or entities upon such terms and conditions as Oregon shall accept.
3. Your Obligations.
a. Preserve Oregon’s Rights. You acknowledge and agree that Oregon will retain its right, title, interest, ownership, copyright, and trademark in the InCouple software, and that You shall take all reasonable precautions to preserve same. You shall not alter, change, or remove from the InCouple software any identification marks, including copyright or trademark notices. Nothing in this Copyright License shall be construed as permitting You to exercise any right under copyright or trademark law, except as specified in this Copyright License.
b. Attribution. You shall use the following credit line for attribution of the InCouple software: “InCouple Software; Authors/Creators Tom Bulatewicz and Janice Cuny; Copyright c 2006, University of Oregon. All Rights Reserved.” However, except as otherwise provided in this Copyright License, nothing confers to You rights to use in advertising, publicity, or otherwise any trademark, service mark, or trade name, of the State of Oregon, Oregon University System, or University of Oregon or any extension or abbreviation thereof.
c. Provide Data. You shall provide Oregon with data about Your use of the InCouple software, including but not limited to information about (i) the manner in which You used the InCouple software. You shall share such data with Oregon at the times and in the manners as reasonably requested by Dr. Bulatewicz. You acknowledge and agree that Oregon may use this data in Oregon’s research activities, including but not limited to refinement of the InCouple software.
4. Indemnification, No Warranty, and Limitation of Liability.
Indemnification. To the extent permitted by law, You shall indemnify and hold harmless Oregon, its successors, assigns and licensees, and the respective officers, directors, agents and employees, from and against any and all claims, damages, liabilities, costs and expenses, arising out of or in any way connected with the use, reproduction, distribution or public display of the InCouple software by You or by any third party accessing the InCouple software from You. You shall be liable for all of Your obligations and responsibilities under this Copyright License.
NO WARRANTY AND LIMITATION OF LIABILITY. THE INCOUPLE SOFTWARE IS USED AS A RESEARCH TOOL; IT IS NOT NECESSARILY A PRODUCT-QUALITY SOFTWARE. OREGON PROVIDES ACCESS TO THE INCOUPLE SOFTWARE ON AN "AS IS, WITH ALL DEFECTS" BASIS. YOU AGREE TO BEAR ALL RISKS ASSOCIATED WITH THE INCOUPLE SOFTWARE. OREGON MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, OREGON MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF OREGON KNOWS OF SUCH PURPOSE), OR THAT THE USE OF THE PAM WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIES. OREGON SHALL NOT BE HELD LIABLE FOR ANY DAMAGES WITH RESPECT TO ANY CLAIM BY YOU OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING FROM THIS COPYRIGHT LICENSE OR USE OF THE INCOUPLE SOFTWARE. YOU HEREBY SAVE, HOLD HARMLESS, DISCHARGE AND RELEASE OREGON AND ALL OF ITS RESPECTIVE AGENTS, SERVANTS, EMPLOYEES AND VOLUNTEERS, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES OR DEMANDS OF ANY KIND AND NATURE WHATSOEVER WHICH MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE INCOUPLE SOFTWARE.
5. Term and Termination.
a. Term. The term of this Copyright License shall commence on the Effective Date and shall continue until terminated in accordance with this Section 5.
b. Termination. Oregon may terminate this Copyright License, and the rights and license granted hereunder, for Oregon’s convenience by providing notice to You by electronic communication or otherwise.
c. No Use after Termination. Upon termination of this Copyright License, You shall cease using and publicly displaying any portion of the InCouple software.
d. Your Obligations after Termination. Termination of this Copyright License shall not extinguish any of Your obligations under this Copyright License which by their terms continue after the date of termination or expiration.
7. General Provisions.
a. No Assignment.
The license granted hereunder and this Copyright License may not be assigned or transferred by You.
b. Entire Agreement, Modification, and Waiver.
This Copyright License sets forth the entire agreement between the parties with respect to the subject matter hereof, and may not be modified or amended except by written agreement executed by the parties hereto. No waiver, consent, modification, or change of any terms of this Copyright License shall be binding unless the same is in writing and signed by both parties and all necessary approvals have been obtained. Such express waiver, consent modification, or change, if made, shall be effective only in the specific instance and for the specific purpose set forth in such signed writing.
c. Governing Law.
This Copyright License shall be construed and enforced in accordance with the laws of the State of Oregon, without giving effect to the conflict of law principles thereof, and applicable federal law. Any action or suit brought by the parties relating to this Copyright License shall be brought and conducted solely and exclusively in the Circuit Court of Marion County for the State of Oregon in Salem, Oregon. You hereby consent to the in personam jurisdiction of such courts, waive any objection to venue in such courts, and waive any claim that such forum is an inconvenient forum; provided, however, that if a claim must be brought in a federal forum, then it will be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. In no way will this Copyright License be construed as a waiver by the State of Oregon of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States, or otherwise, from any claim or from the jurisdiction of any court. BY CLICKING THE “I AGREE” BUTTON BELOW OR BY USING THE INCOUPLE SOFTWARE, YOU HEREBY CONSENT TO THE IN PERSONAM JURISDICTION OF SUCH COURT.
d. Your Authority.
You represent and warrant that the individual executing this Copyright License on behalf of You is duly authorized to execute and deliver this Copyright License on behalf of You in accordance with duly adopted organizational documents or agreements and if appropriate a resolution of You, and that this Copyright License is binding upon You in accordance with its terms.
e. No Third Party Beneficiary.
Nothing in this Copyright License gives, is intended to give, or shall be construed to give or provide, any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Copyright License.
f. Force Majeure.
Oregon’s failure to perform any term or condition of this Copyright License as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Copyright License.
ONCE YOU OBTAIN THE INCOUPLE SOFTWARE, THIS
COPYRIGHT LICENSE IS BINDING ON YOU.
Please complete the form below, all fields are required.
THIS IS A NON-COMMERCIAL, RESEARCH USE ONLY LICENSE.
For a commercial license, contact Christine Gramer, Office of Technology Transfer, University of Oregon, (541) 346-3176, cgramer [at] uoregon [dot] edu