Software License Agreement

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U.S. Department of Energy
Office of Scientific and Technical Information

Energy Science and Technology Software Center

As the Office of Scientific and Technical Information’s (OSTI) Energy Science and Technology Software Center (ESTSC), we are authorized to license and distribute this software to you. Upon receipt of license fee and execution of this license, the herein identified computer software package (software and accompanying documentation) is licensed, on a non-exclusive basis, to the UNDERSIGNED for use ONLY at the site designated herein below, and is to be used in accordance with this license and with the special restrictions identified below or on the software package. DOE-funded modifications, enhancements, or conversions of this package are subject to requirements of DOE O 241.1 and must be distributed under the original restrictions identified below, and by OSTI’s ESTSC. Questions may be referred to OSTI/ESTSC, P.O. Box 62, Oak Ridge, TN 37831-1020. 

THE SOFTWARE IS PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE SOFTWARE WILL CONFORM TO SPECIFICATIONS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM INFRINGEMENT, AND ANY WARRANTY THAT THE DOCUMENTATION WILL CONFORM TO THE SOFTWARE, OR ANY WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE. IN NO EVENT SHALL ESTSC BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THIS SOFTWARE, WHETHER OR NOT BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, WHETHER OR NOT INJURY WAS SUSTAINED BY PERSONS OR PROPERTY OR OTHERWISE, AND WHETHER OR NOT LOSS WAS SUSTAINED FROM, OR AROSE OUT OF THE RESULTS OF, OR USE OF, THE SOFTWARE OR SERVICES PROVIDED HEREUNDER.
 
REFERENCE TO ANY SPECIFIC COMMERCIAL PRODUCT, PROCESS, OR SERVICES BY TRADE NAME, TRADEMARK, MANUFACTURER, OR OTHERWISE DOES NOT NECESSARILY CONSTITUTE OR IMPLY ITS ENDORSEMENT, RECOMMENDATION, OR FAVORING BY THE UNITED STATES GOVERNMENT, ITS AGENCIES, NOR EMPLOYEES ACTING IN ITS BEHALF.
 
EXCEPT FOR WORK PERFORMED PURSUANT TO CONTRACT NUMBER:
 
_____________________________________ (insert contract number) 
 
WITH THE U.S. GOVERNMENT, THE UNDERSIGNED AGREES TO WAIVE ANY AND ALL CLAIMS AGAINST THE U.S. GOVERNMENT, THE U.S. GOVERNMENT’S CONTRACTORS AND SUBCONTRACTORS, AND SHALL INDEMNIFY AND HOLD HARMLESS THE U.S. GOVERNMENT AND THE U.S. GOVERNMENT’S CONTRACTORS AND SUBCONTRACTORS FOR ANY DAMAGE THAT MAY BE INCURRED FROM UNDERSIGNED’S PRIOR OR FUTURE USE OF THE PROVIDED SOFTWARE, INCLUDING ANY DAMAGES FROM PRODUCTS BASED ON, OR RESULTING FROM, THE USE THEREOF. UNDERSIGNED AGREES TO OBTAIN THIS IDENTICAL WAIVER OF CLAIMS, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT WITH ANY ENTITIES THAT ARE PROVIDED WITH TECHNICAL DATA DERIVED FROM USE OF THE SOFTWARE.
 
Package Name:   ______________________________          Package ID: ______________________________
 
Restrictions:         ______________________________          Request ID:  ______________________________ 
  1. The SOFTWARE shall be released only to employees of UNDERSIGNED, and there shall be no further distribution or publication by UNDERSIGNED of the provided SOFTWARE, neither the source code, nor the executable code, nor associated run-time applications, whether standalone or embedded, for use by any third party without the express prior written approval of the ESTSC.
  2.  The SOFTWARE shall not be published for profit, given to another entity, or in any manner offered for sale to the U.S. Government or any other entity. The Government shall not pay a second time for the SOFTWARE.
  3. The restrictions on disclosure and distribution imposed by this Agreement shall also apply to any software code developed by UNDERSIGNED that still incorporates any portion of the SOFTWARE source code. The right to prepare and distribute derivative works is expressly reserved and requires a separate request to ESTSC.
  4. Notwithstanding any provisions contained herein, UNDERSIGNED is hereby put on notice that export of any goods or technical data from the United States may require some form of license from the U.S. Government. Failure to obtain necessary export licenses may result in criminal liability of UNDERSIGNED under U.S. laws. ESTSC neither represents that a license shall not be required nor that, if required, it shall be issued. Nothing granted herein to UNDERSIGNED provides any such export license. [References: 15 CFR 768-799; 22 CFR 121-130; 22 U.S.C. 2728).
  5. This Agreement shall be construed, and the legal relations between the parties hereto, shall be determined in accordance with United States federal law.
  6.  This Agreement constitutes the entire understanding and agreement between the parties hereto relating to release of the SOFTWARE and may not be superseded, modified or amended except by further written agreement duly executed by the parties.
  7. UNDERSIGNED shall inform all employees of UNDERSIGNED given access to the SOFTWARE of the restrictions specified herein, and UNDERSIGNED shall require that such employees be bound by such restrictions. Furthermore, UNDERSIGNED represents that he/she has authority to bind such employees to the restrictions specified herein.
  8. The effective date of this Agreement shall be the date of signature as set forth below.
Authorized to accept and accepted for the licensee:
 
Name: ________________________________________________________________________
                                                            (Type or Print)
 
Title: _________________________________________________________________________
 
Organization: __________________________________________________________________
                                                                                    (UNDERSIGNED)
 
Site Address: ___________________________________________________________________
 
City: __________________________________    State: _________________________________    
 
Postal/Zip Code: _________________________   Country: ______________________________
 
Telephone Number: __________________   Fax Number: _______________________________
 
E-Mail address, if applicable: _______________________________________________________
 
 
 
____________________                           _______________________________________________
Date of Execution                                                                 UNDERSIGNED
 
 
 

 

Last updated: June 18, 2010