|
KOJAK Download Page KOJAK is an integrated suite of link discovery tools that perform tasks such as:
The components outlined above are prototypes at different levels of maturity. At this time, only the KOJAK Group Finder component is being released. KOJAK UNICORN and SimpleRel are actively being developed and will become available next. KOJAK is available for free for non-commercial research purposes only (see license agreement below). Other uses have to be negotiated with USC's Office for Technology Licensing. If you are interested in that, please contact us directly. |
NON-EXCLUSIVE SOFTWARE LICENSE AGREEMENT USC FILE #3704 (KOJAK)
|
This Non-Exclusive Software License Agreement (the "Agreement") is made by and between University of Southern California (herinafter, "USC"), and the individual executing this Agreement below as the LICENSEE (hereinafter, "you" or "Licensee").
WHEREAS, USC has developed a software package and related documentation known as "KOJAK" and "USC File #3704" (hereinafter, the "Software"); and
WHEREAS, Licensee desires, and USC is willing to grant to Licensee, a license to use the Software in accordance with this Agreement, effective upon the date that you click on the ACCEPT button below (such date, the "Effective Date");
NOW, in consideration of the foregoing, the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Subject to the terms and conditions, as set forth in this Agreement, USC hereby grants to Licensee a nontransferable, non-exclusive, worldwide license, for Research Purposes only:
and
2. On all copies of the Software, Licensee shall retain the copyright notice appearing in the Software. If the Software includes computer programs in object code form, Licensee shall not de-compile, reverse engineer or disassemble such programs. The Software in source code form shall be considered confidential information. Licensee shall use its best efforts to not disclose or allow to be disclosed such confidential information to any third parties.
3. As used in this Agreement, "Research Purpose" means use of the Software solely for education or research. "Research Purpose" excludes, without limitation, any use of the Software for, as part of, or in any way in connection with a product (including software) or service which is sold, offered for sale, licensed, leased, loaned or rented.
4. This Agreement is personal between USC and Licensee. No ownership interest in the Software (or the copy of which is provided by USC pursuant to paragraph 1) is transferred to Licensee. USC may assign or transfer to any company or person, or grant to any company or person a license or sublicense under, all or part of its interest in any rights to the Software, this Agreement, or any license granted to USC hereunder. Licensee may not assign, transfer or sublicense Licensee's rights hereunder without the written consent of USC.
5. USC may terminate this Agreement at any time by sending written notice of termination to Licensee at the address specified below. Termination shall be effective as provided in the notice. Unless the notice shall provide otherwise, upon termination, Licensee shall destroy all copies of the Software. Licensee's obligations under this Agreement, including any rights granted to USC pursuant to paragraph 4, shall survive and continue after termination.
6. Licensee agrees to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. Neither the Software nor the underlying information or technology may be downloaded or otherwise exported or re-exported
7. USC has no obligation to support or maintain the Software and grants Licensee this right to use the Software "AS IS". LICENSEE ASSUMES TOTAL RESPONSIBILITY AND RISK FOR LICENSEE'S USE OF THE SOFTWARE. USC DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL USC BE LIABLE FOR
8. LICENSEE shall indemnify, defend and hold harmless USC, its officers, employees and agents and their respective successors, heirs and assigns against all liability, demand, damage, loss, or expense, including attorney's fees and costs, incurred by or imposed upon them in connection with any claims, suits, actions, demands or judgments to the extent that the same is based upon a claim that arises out of LICENSEE's use of the SOFTWARE.
9. This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, applicable to agreements made and to be performed wholly therein without regard to its conflicts of law rules. Any cause of action or claim Licensee may have with respect to the Software must be brought within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. USC's failure to insist upon or enforce strict performance of any provision of this Agreement is not a waiver of any provision or right.
10. If a dispute arises out of, or relates to, this Agreement or the subject matter of this Agreement, either party may submit the dispute to a sole mediator selected by the parties or, at any time prior to selection of a sole mediator, to mediation by the American Arbitration Association ("AAA"). If not thus resolved, it shall be referred to a sole arbitrator selected by the parties or to the AAA for arbitration. The arbitration shall be governed by the United States Arbitration Act, shall be conducted in the County of Los Angeles, California, USA, and judgment on the award may be entered by any court having jurisdiction. The arbitrator shall not limit, expand or modify the terms of the Agreement nor award damages in excess of compensatory damages, and each party waives any claim to excess damages. A request by a party to a court for interim protection shall not affect either party's obligation hereunder to mediate and arbitrate. Each party shall bear its own expenses and an equal share of all cost and fees of the mediation and/or arbitration. Any arbitrator selected shall be competent in the legal and technical aspects of the subject matter of this Agreement. The content and result of mediation and/or arbitration shall be held in confidence by all participants.
11. Limitation of Liability: To the maximum extent permitted by law, in no event will either party be responsible for any incidental damages, consequential damages, exemplary damages of any kind, lost goodwill, lost profits, lost business and/or any indirect economic damages whatsoever regardless of whether such damages arise from claims based upon contract, negligence, tort (including strict liability or other legal theory), a breach of any warranty or term of this Agreement, and regardless of whether a party was advised or had reason to know of the possibility of incurring such damages in advance.
CERTIFICATION AND CONSENT TO TERMS
I certify that I am not a national or a resident of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Serbia, Taliban-controlled portions of Afghanistan or any other country subject to U.S. trade sanctions, nor, to the best of my knowledge, have I been designated a Specially Designated National, Blocked Person, or otherwise been denied export-related privileges by the United States Government.
|