L-951172

LICENSE AGREEMENT FOR Adeline 2.0 Software

This license agreement (the "Agreement") is entered into by The Regents of the University of California, through the Lawrence Berkeley National Laboratory, One Cyclotron Road, Berkeley, CA 94720, ("Licensor"), and ________________________, ("Licensee") for its place of business at ______________________ ("Site").

1. Licensor grants Licensee a non-exclusive, non-transferable, perpetual license to install and use the ADELINE 2.0 software package ("ADELINE") in executable form only, on all computer systems now or in the future owned or leased by Licensee and located at the Site and to use the associated written documentation provided by Licensor ("Documentation").

2. Licensee may copy ADELINE and Documentation to the extent necessary to exercise the foregoing license, and for backup and archival purposes. Licensee shall reproduce Licensor's copyright notices and other proprietary notices on all copies of ADELINE and Documentation, and shall not remove or alter those notices on any copies. All copies shall be subject to all terms of this Agreement.

3. The foregoing rights are subject to the following restrictions, and Licensee shall take all reasonable steps to comply with the restrictions:
   a. Licensee may not copy or allow copies of ADELINE or the Documentation to be made, except as specifically allowed under this Agreement.

   b. Licensee shall not use ADELINE in, or allow others to use ADELINE in, a network, multiple CPU or multiple-user arrangement, except within the confines of the Site.

   c. Licensee shall not resell, lease, sublicense or distribute ADELINE to any person, firm or entity. Licensee shall not modify or alter ADELINE or Documentation in any manner.

4. Licensee agrees to pay Licensor a single license fee of US$ 450.00. Licensee shall make its check payable to "The Regents of the University of California (LBNL/ L951172)." Licensor shall ship Licensee ADELINE and Documentation promptly after receiving that payment.

5. ADELINE IS SUPPLIED AS IS. LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. LICENSOR'S LIABILITY TO LICENSEE IS LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY LICENSEE TO LICENSOR UNDER THIS AGREEMENT. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY LICENSEE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. The license granted under this Agreement continues for the duration of the copyright in Adeline, unless sooner terminated by Licensor in accordance with this Agreement. If Licensee breaches any term of this Agreement, and does not cure that breach within 30 days of the date of written notice, this Agreement shall terminate. Upon termination, Licensee shall immediately cease using Adeline and Documentation, return to Licensor, or destroy, all copies of Adeline and Documentation, and provide Licensor with written certification of its compliance with the foregoing. Termination shall not relieve Licensee from its obligations arising before the termination.

7. This Agreement may not be assigned by Licensee or by operation of law without the express written approval of Licensor, and any purported attempt to do so is void.

8. No provisions in either party's purchase orders, or in any other business forms employed by either party will supersede the terms of this Agreement, and no amendment of this Agreement is binding, unless executed in writing by a duly authorized representative of each party to this Agreement.

9. This Agreement represents the entire understanding of the parties, and supersedes all previous communications, written or oral, relating to the subject of this Agreement.

   Licensor:
   

   THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, THROUGH THE
   LAWRENCE BERKELEY NATIONAL LABORATORY
   

   By: _____________________________
   (Signature)
   
   By: Viviana I. Wolinsky
   
   Title: Contracts & Licensing Manager

   Date: _____________________________

   Licensee:

   By: ____________________________
   (Name of Licensee)

   By: ____________________________
   (Signature)

   By: ____________________________
   (Please Print)

   Title: ____________________________

   Date: ____________________________
   

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   After signing this license, please fax it to Charles Ehrlich at (510) 486-4089 along with a copy of your order form.
   

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   Introduction
   New Features of Version 2.0
   Features of Version 1.0
   Current Developments
   Example Design Process
   Hardware and Software Requirements
   Contacts
   Order Form     For ADELINE Ordering information, please visit the Fraunhofer-Institut fuer Bauphysik.
   Acknowledgement
   References
   Demo Slide Show
   

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   Webmaster contact information.
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   Last changed: March 18, 1997 by webmaster c kehrlich@lbl.gov
   

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