SOFTWARE LICENSE
Revised 1/07/2004


END USER LICENSE AGREEMENT FOR SOFTWARE DOWNLOADED FROM ICEBERG273.ORG	

THIS IS A CONTRACT between you (either an individual or a single entity) and the owner of the SOKATH sequence data analysis software ("Licensor" or "us") and covers your use of the SOKATH (Basic) software, related software components (SSAUL), and documentation (all of which are referred to herein as the "Software").

BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("YOU") ARE CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

Personal, Academic and Non-Commercial Use License.  The Software is licensed to you for your personal, non-commercial use.  You may install the Software on a single computer, for your personal, academic or non-commercial use only.  

The Software may not be used for direct or indirect commercial purposes without first obtaining a Commercial Use License. If you would like to use the Software for purposes other than your personal, non-commercial use, please contact sokath@iceberg273.org.

Technical Support. Technical support is not guaranteed for the Software. However, we are interested in making this software as useful as possible, and will try to respond to any questions or comments.

Restrictions on Use.  Licensor grants you the non-exclusive, non-transferable right to use the Software to analyze sequential data. You may not redistribute the Software without Licensor's prior written consent.  Although you may modify or alter the Software for your own use (including copies that extend, or enhance the Software), you may not distribute, transfer, or resell the modified or derivative copies of the Software; you may not use such copies for other than personal, non-commercial purposes; and you may not use such copies in a way that violates the terms of this Agreement.  Components of the Software may not be extracted and used in other programs without the prior written consent of Licensor.  The Software may not be used for direct, or indirect commercial purposes without first obtaining a Commercial Use License from Licensor that covers your intended use. The type of commercial uses that are permitted under the Commercial Use License may be limited at the sole discretion of the Licensor.  Licensor shall have the right to determine, in its sole discretion, whether a use is a commercial use or non-personal use.  

You may not rent, lease, lend, or in any way distribute or transfer any rights in this Agreement or the Software to third parties without Licensor's written approval.  

You may not use the Software in violation of any U.S. or international law or regulation. You will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.  All rights not expressly granted to you are retained by Licensor. You may make copies of Software as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software.  

No Warranty.  The Software is being delivered to you "AS IS" and Licensor and its suppliers make no warranty as to its use or performance.  LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.  LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.  YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE. 

Limitation of Liability.  IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF A LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY.  Some States do not allow the exclusion or limitation of incidental or consequential damages, or the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.
 
Indemnification.  You agree to indemnify and hold Licensor, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, or the infringement by you, of any intellectual property or other right of any person or entity.

Termination. Either Licensor or you may terminate this Agreement at any time. This Agreement shall terminate automatically, without notice, if you fail to comply with the terms of this Agreement.  Upon any termination of this Agreement, you must discontinue use of the Software and uninstall and destroy all copies of the Software you have obtained or made. 

Governing Law.  This Agreement will be governed by the laws of the United States and the State of Michigan, excluding the application of its conflicts of law rules.  You consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Detroit, Michigan.

General. This Agreement constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties hereto which specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith.  This Agreement is personal to you, and may not be assigned without Licensor's express written consent.  If any one or more provisions contained in this Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect.

Contact Information.  If you have any questions about this Agreement, please contact us at sokath@growlers.org.  
