IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. YOU WILL BE ASKED TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. This CNRI LICENSE AGREEMENT (the "Agreement") by and between the Corporation for National Research Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191 ("CNRI") and the Individual or Organization ("Licensee") requesting release of the Handle URI Resolver (ver. 3.1) in binary form and its associated documentation as provided herein ("Software"), is effective as of the date of release to Licensee of the Software.
2. Except as otherwise provided herein, CNRI hereby grants Licensee a non-exclusive, non-transferable, royalty-free, worldwide license to reproduce, perform and/or display publicly and integrate the Software into Licensee's computer software. In the installation, running or other use of the Software provided to Licensee under this Agreement, CNRI has no objection if Licensee makes use of software owned by others, provided, however, that such use has been licensed and Licensee complies with the terms and conditions of any license agreements accompanying such software. Licensee hereby acknowledges that CNRI shall not be deemed a party to or otherwise subject to any obligations of Licensee to third parties. Licensee agrees not to exceed the scope of the licenses granted under this Agreement.
3. Licensee may not use CNRI's trademarks or trade name, including Handle System¨ or CNRI, in any trademark sense to endorse or promote Licensee's products or services. In any documentation prepared by Licensee that refers to the Handle System¨, Licensee will indicate that "Handle System¨" is a registered trademark of CNRI.
4. CNRI is making the Software available to Licensee on an "AS IS" basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE LICENSEE.
6. This Agreement may be terminated by CNRI: (i) immediately upon written notice from CNRI of any material breach by Licensee, if the nature of the breach is such that it cannot promptly be remedied; or (ii) sixty days following notice from CNRI to Licensee of a material remediable breach, if Licensee has not remedied such breach within that sixty-day period.
7. This Agreement shall be governed by and interpreted in all respects by the law of the State of Virginia, excluding conflict of law provisions. Nothing in this Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee.