University of Utah Public License - Version 1.0

UNIVERSITY OF UTAH RESEARCH FOUNDATION PUBLIC LICENSE

1. Definitions

1.1 "Commercial Use" means covered code utilized by USER to generate a revenue stream, including but not limited to, embedding the source code in USER's proprietary software, executable software, or consulting utilizing the source code.

1.2 "Contributor" means each entity that creates or contributes to the creation of Modifications.

1.3 "Covered Code" means the Original Source Code, Modifications, or the combination of the Original Source Code and Modifications, in each case including portions thereof. The Original Source Code, developed by the University of Utah, hereinafter referred to as UNIVERSITY is described in the Source Code notice required by Exhibit A.

1.4 "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Source Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.

1.5 "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.

1.6 "Larger Work" means a work, which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.7 "License" means this document.

1.8 "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all rights conveyed herein.

1.9 "Modifications" means any addition to or deletion from the substance or structure of either the Original Source Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:

(a) Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.

(b) Any new file that contains any part of the Original Code or previous Modifications

1.10 "USER" (or "YOU") means an individual or a legal entity exercising rights under, and complying with all of the terms of this License. For legal entities, USER includes any entity, which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. Source Code License.

2.1 The Initial Developer Grant The UNIVERSITY hereby grants USER a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

(a) to use, reproduce, modify, display, and perform, the Covered Code (or portions thereof) with or without Modifications, or as part of a Larger Work.; and

(b) under patents now or hereafter owned or controlled by UNIVERSITY, to make, have made, and use ("Utilize") the Covered Code(or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable USER to Utilize the Covered Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations.

(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date the USER first receives Covered Code.

(d) No License is granted by UNIVERSITY for the Commercial Use of Covered Code under this License.

(e) No License is granted by UNIVERSITY for the distribution of Covered Code under this License.

2.2. Contributor Grant. Each Contributor hereby grants UNIVERSITY a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

(a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and

(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Covered Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable USER to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations.

(c) the licenses granted in this Section 2.2(a) and (b) are effective on the date the UNIVERSITY first receives the Covered Code

3. Contributor Obligations

3.1. Intellectual Property Matters

(a) Third Party Claims. If USER has knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), USER must include a text file with the source code provided to UNIVERSITY titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that UNIVERSITY will know whom to contact. If USER obtains such knowledge after USER makes the Modification available to UNIVERSITY, USER shall promptly modify the LEGAL file in all copies USER makes available thereafter and shall notify UNIVERSITY that new knowledge has been obtained.

(b) Contributor APIs. If Your Modification is an application programming interface and USER owns or controls patents, which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.

3.2. Required Notices. USER must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where USER describes recipients' rights relating to Covered Code. If USER created one or more Modification(s), USER may add name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its structure, then USER must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice.

3.3. Distribution of Executable Versions. - This license does not allow distribution of the Covered Code by USER or Contributor.

3.4. Larger Works. USER may create a Larger Work by combining Covered Code with other code not governed by the terms of this License. In such a case, USER must make sure the requirements of this License are fulfilled for the Covered Code including 2.1d and 2.1e.

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for USER to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then USER must:

(a) comply with the terms of this License to the maximum extent possible; and

(b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.1 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

5. Application of this License.

This License applies to Covered Code attached to the notice in Exhibit A.

6. DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH USER. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE UNIVERSITY OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

7. TERMINATION.

This License and the rights granted hereunder will terminate automatically if USER fails to comply with terms herein. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

8. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE UNIVERSITY, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO USER.

9. U.S. GOVERNMENT END USERS,

The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995). consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.

10. MISCELLANEOUS.

This License represents the complete agreement concerning subject matter hereof. Nothing in this AGREEMENT shall be construed as conferring by implication, estoppel or otherwise any license or rights other than those granted in this License. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by Utah law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.

EXHIBIT A.

The contents of this file are subject to the University of Utah Public License (the "License"); you may not use this file except in compliance with the License.

Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.

The Original Source Code is "teem", released March 23, 2001.

The Original Source Code was developed by the University of Utah. Portions created by UNIVERSITY are Copyright (C) 2001, 1998 University of Utah. All Rights Reserved.