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 Local Handle Server(HSj)- JavaTM Version 5.3.0 in binary and source 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, world-wide license to reproduce, analyze, test, perform and/or display publicly and otherwise use the Software for educational, research and other non-commercial purposes, provided, however, that CNRI's License Agreement and CNRI's notice of copyright, i.e., "Copyright© 2002 Corporation for National Research Initiatives; All Rights Reserved" are both retained in the Software prepared by Licensee. Alternatively, in lieu of CNRI's License Agreement, Licensee may substitute the following text (omitting the quotes), provided, however, that such text is displayed prominently in the Software prepared by Licensee: "Handle System Server, Java version 5.3.0 is made available subject to the terms and conditions in CNRI's License Agreement. This Agreement may be located on the Internet using the following handle: 4263537/4059. The License may also be obtained from a proxy server using the following URL: http://hdl.handle.net/4263537/4059."
3. Although Licensee may not use CNRI trademarks or trade name, such as Handle System® or CNRI, in a trademark sense to endorse or promote products or services of Licensee, Licensee is encouraged to use the mark Handle System® in the form "Handle System®-based ________" together with a statement that "Handle System is a registered trademark of CNRI".
4. Licensee is not a resident of, nor a representative of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria. Further, Licensee will not download or use Software in Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria.
5. 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 WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
6. 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, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE.
7. This Agreement may be terminated by CNRI (i) immediately upon written notice from CNRI of any material breach by the Licensee, if the nature of the breach is such that it cannot be promptly remedied; or (ii) sixty (60) days following notice from CNRI to Licensee of a material remediable breach, if Licensee has not remedied such breach within that sixty-day period.
8. 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.