Open Academic License for GridwiseTech GE-GT Adapter

Version 1.3

Preamble:

This license is based upon the principle that the sharing of software with other research and teaching institutions is vital to higher education and the development of knowledge and understanding. Further, the sharing of the source code for the application is mutually beneficial. However, these must be weighed against the protection of intellectual property. Therefore, we allow the free use of GE-GT Adapter, by which we understand the application, its source code, any related documentation and all derivative works (further referred to as „the Product”) at institutions of higher learning but reserve the rights to sell, modify, and distribute the Product. We further allow the restricted use of the source in order to improve the Product.

License:

NOTICE - READ ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO DOWNLOADING, INSTALLING AND/OR USING THE PRODUCT. DOWNLOADING, INSTALLING AND/OR USING THE PRODUCT ACCOMPANYING THIS LICENSE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1. GRANT OF RIGHT: The Product is licensed, not sold, to you. GridwiseTech, grants you a personal, non-exclusive and non-transferable right to use the Product, subject to the terms and restrictions of this Agreement. The Product may be used by you, or a non-commercial organization of which you are a member or employee, solely for non-commercial, educational and/or personal use. "Non-commercial use" means uses that are not or will not result in (a) the sale, lease or rental of the Product; or (b) the use of the Product in any commercial product or service; or (c) the use by a commercial organization.

You may make as many copies of the Product as needed in order to use and/or modify it. However, you may not redistribute the Product, with or without your changes, without approval of GridwiseTech. You may donate your changes to GridwiseTech, in which case all the Intellectual Property Rights are automatically transferred to us and we may opt to include your changes into the official distribution of the software.

You will acknowledge GridwiseTech on your organization's official website as well as in any publication of results based on use of the program and cite the note about the Product, using the following template: "For the purpose of __________(name of the project/research work/study), we use GridwiseTech GE-GT Adapter, which provides integration of N1 Grid Engine / Sun Grid Engine and Globus Toolkit. GridwiseTech is a vendor-independent expert in Grid computing, providing Grid consulting, development and training.

You accept the fact that GridwiseTech reserves the right to include your organization's name and logo in the list of users of the Product in GridwiseTech's materials. GridwiseTech warrants that this will only be done in order to enumerate the users of the Product, and the context will not imply any other links between your organization and GridwiseTech or the Product.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU AGREE NOT TO USE, COPY, MODIFY OR TRANSFER THE Product OR ANY COPY, <!-- ??? -->IN WHOLE OR IN PART. You agree to use your best efforts to prevent and protect the contents of the Product from unauthorized disclosure or use. You agree not to sublicense, assign, delegate, rent, lease or otherwise transfer this license or any of the related rights or obligations for any reason. GridwiseTech reserves all rights not expressly granted to you. NO OTHER LICENCES ARE GRANTED OR IMPLIED.

2. OWNERSHIP: The Product is and will remain the sole property of GridwiseTech. The Product is a copyrighted work and protected by copyright law and/or contains proprietary information protected by law. GridwiseTech may at any time assign or transfer all or part of its interests in any rights to the Product.

3. LIMITATIONS ON USE: You agree not to transfer, sell, rent, lease, publish or otherwise distribute copies of the Product to individuals or organizations external to your own organization, but you will suggest to others interested to contact GridwiseTech directly through http://www.gridwisetech.com website.

4. FEEDBACK: In consideration of this license, if you provide any feedback, reports on bugs, or errors in the Product, or reports on the operation of the Program, or suggested modifications (collectively "Feedback"), we shall have the right to use such Feedback for any purpose without payment or accounting to you.

5. TERMINATION: This license is effective until terminated. You may terminate this license at any time by destroying the Product and any permitted archival copies. This license automatically terminates if you fail to comply with its terms and conditions. GridwiseTech reserves the right to at any time request your statement on complying with the provisions of this license. On receiving no response or unsatisfactory response, GridwiseTech may terminate this license at any time by providing you notice of such termination. Upon termination in any manner, you agree to destroy all copies of the Product in your possession. Your obligations under Sections 3 and 8 herein shall survive and continue after any termination of this Agreement.

6. DISCLAIMER OF WARRANTY/LIMITATION OF REMEDIES: GridwiseTech has no obligation to support the Product provided under this license. To the extent permitted under applicable law, THE Product is licensed "AS IS", WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES AGAINST INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF A THIRD PARTY. GridwiseTech WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY OTHER RELIEF, OR FOR ANY CLAIM BY ANY THIRD PARTY, ARISING FROM YOUR USE OF THE Product. Some States and other jurisdictions do not allow for the exclusion or limitation of implied warranties so the above exclusions or limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from State to State.

7. ENTIRE AGREEMENT: This Agreement sets forth the entire agreement and understanding between the parties pertaining to the subject matter hereof and merges all prior written or oral discussions between them. This Agreement shall be construed in accordance with and governed by the laws of Poland.

8. COMMERCIAL LICENSE: For information regarding the commercial license for the Product visit the website: click here and contact GridwiseTech by writing to contact@gridwisetech.com.

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