[GotoBLAS v1.0]
UT TACC Research License (Source Code)
The Texas Advanced Computing Center of The University of Texas at
Austin has developed certain software and documentation that it
desires to make available without charge to anyone for academic,
research, experimental or personal use. This license is designed to
guarantee freedom to use the software for these purposes. If you wish
to distribute or make other use of the software, you may purchase a
license to do so from the University of Texas.
The accompanying source code is made available to you under the terms
of this UT TACC Research License (this "UTTRL"). By clicking the
"ACCEPT" button, or by installing or using the code, you are
consenting to be bound by this UTTRL. If you do not agree to the
terms and conditions of this license, do not click the "ACCEPT"
button, and do not install or use any part of the code.
The terms and conditions in this UTTRL not only apply to the source
code made available by UT TACC, but also to any improvements to, or
derivative works of, that source code made by you and to any object
code compiled from such source code, improvements or derivative works.
1. DEFINITIONS.
1.1
"Commercial Use" shall mean use of Software or Documentation by
Licensee for direct or indirect financial, commercial or strategic
gain or advantage, including without limitation: (a) bundling or
integrating the Software with any hardware product or another
software product for transfer, sale or license to a third party (even
if distributing the Software on separate media and not charging for
the Software); (b) providing customers with a link to the Software or
a copy of the Software for use with hardware or another software
product purchased by that customer; or (c) use in connection with the
performance of services for which Licensee is compensated.
1.2 "Derivative Products" means any improvements to, or other
derivative works of, the Software made by Licensee.
1.3 "Documentation" shall mean all manuals, user documentation, and
other related materials pertaining to the Software that are made
available to Licensee in connection with the Software.
1.4 "Licensor" shall mean The University of Texas.
1.5 "Licensee" shall mean the person or entity that has agreed to the
terms hereof and is exercising rights granted hereunder.
1.6 "Software" shall mean the computer program(s) referred to as [BLAS
vx.y] made available under this UTTRL in source code form, including
any error corrections, bug fixes, patches, updates or other
modifications that Licensor may in its sole discretion make
available to Licensee from time to time, and any object code
compiled from such source code.
2. GRANT OF RIGHTS.
Subject to the terms and conditions hereunder, Licensor hereby grants
to Licensee a worldwide, non-transferable, non-exclusive license to
(a) install, use and reproduce the Software for academic, research,
experimental and personal use (but specifically excluding Commercial
Use); (b) use and modify the Software to create Derivative Products,
subject to Section 3.2; and (c) use the Documentation, if any, solely
in connection with Licensee's authorized use of the Software.
3. RESTRICTIONS; COVENANTS.
3.1 Licensee may not: (a) distribute, sub-license or otherwise
transfer copies or rights to the Software (or any portion thereof)
or the Documentation; (b) use the Software (or any portion thereof)
or Documentation for Commercial Use, or for any other use except as
described in Section 2; (c) copy the Software or Documentation other
than for archival and backup purposes; or (d) remove any product
identification, copyright, proprietary notices or labels from the
Software and Documentation. This UTTRL confers no rights upon
Licensee except those expressly granted herein.
3.2 Licensee hereby agrees that it will provide a copy of all
Derivative Products to Licensor and that its use of the Derivative
Products will be subject to all of the same terms, conditions,
restrictions and limitations on use imposed on the Software under
this UTTRL. Licensee hereby grants Licensor a worldwide,
non-exclusive, royalty-free license to reproduce, prepare derivative
works of, publicly display, publicly perform, sublicense and
distribute Derivative Products. Licensee also hereby grants Licensor
a worldwide, non-exclusive, royalty-free patent license to make,
have made, use, offer to sell, sell, import and otherwise transfer
the Derivative Products under those patent claims licensable by
Licensee that are necessarily infringed by the Derivative Products.
4. PROTECTION OF SOFTWARE.
4.1 Confidentiality. The Software and Documentation are the
confidential and proprietary information of Licensor. Licensee
agrees to take adequate steps to protect the Software and
Documentation from unauthorized disclosure or use. Licensee agrees
that it will not disclose the Software or Documentation to any third
party.
4.2 Proprietary Notices. Licensee shall maintain and place on any copy
of Software or Documentation that it reproduces for internal use all
notices as are authorized and/or required hereunder. Licensee shall
include a copy of this UTTRL and the following notice, on each copy
of the Software and Documentation. Such license and notice shall be
embedded in each copy of the Software, in the video screen display,
on the physical medium embodying the Software copy and on any
Documentation:
Copyright c The University of Texas, 2005. All rights reserved.
UNIVERSITY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THIS
SOFTWARE AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT
AND WARRANTIES OF PERFORMANCE, AND ANY WARRANTY THAT MIGHT OTHERWISE
ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS EITHER
EXPRESS OR IMPLIED WITH RESPECT TO THE USE OF THE SOFTWARE OR
DOCUMENTATION. Under no circumstances shall University be liable for
incidental, special, indirect, direct or consequential damages or loss
of profits, interruption of business, or related expenses which may
arise from use of Software or Documentation, including but not limited
to those resulting from defects in Software and/or Documentation, or
loss or inaccuracy of data of any kind.
5. WARRANTIES.
5.1 Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, THE SOFTWARE AND DOCUMENTATION ARE BEING PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND RESPECTING THE SOFTWARE OR
DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
5.2 Limitation of Liability. UNDER NO CIRCUMSTANCES UNLESS REQUIRED BY
APPLICABLE LAW SHALL LICENSOR BE LIABLE FOR INCIDENTAL, SPECIAL,
INDIRECT, DIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS,
INTERRUPTION OF BUSINESS, OR RELATED EXPENSES WHICH MAY ARISE AS A
RESULT OF THIS LICENSE OR OUT OF THE USE OR ATTEMPT OF USE OF
SOFTWARE OR DOCUMENTATION INCLUDING BUT NOT LIMITED TO THOSE
RESULTING FROM DEFECTS IN SOFTWARE AND/OR DOCUMENTATION, OR LOSS OR
INACCURACY OF DATA OF ANY KIND. THE FOREGOING EXCLUSIONS AND
LIMITATIONS WILL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND,
WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE), OR ANY OTHER GROUNDS.
6. INDEMNIFICATION.
Licensee shall indemnify, defend and hold harmless Licensor, the
University of Texas System, their Regents, and their officers, agents
and employees from and against any claims, demands, or causes of
action whatsoever caused by, or arising out of, or resulting from, the
exercise or practice of the license granted hereunder by Licensee, its
officers, employees, agents or representatives.
7. TERMINATION.
If Licensee breaches this UTTRL, Licensee's right to use the Software
and Documentation will terminate imme