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NCAR TIE-GCM OPEN SOURCE ACADEMIC RESEARCH LICENSE AGREEMENT | ||
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1. License. The University Corporation for Atmospheric Research (UCAR), The | ||
National Center for Atmospheric Research (NCAR), and the High Altitude | ||
Observatory (HAO) grant you a non-exclusive, non-transferable, world-wide, | ||
royalty-free license to use, reproduce, and prepare derivative works of the | ||
NCAR Thermosphere-Ionosphere-Electrodynamics General Circulation Model | ||
(TIE-GCM) software ("Software") for research, academic, and non-profit purposes | ||
only. This license applies to TIE-GCM Version 2, Version 3 and subsequent | ||
(3.xx) versions. Any and all licenses issued for earlier versions do not apply | ||
to this version. | ||
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2. Basis. This software was written by Raymond G. Roble and colleagues, | ||
as noted in the individual files. Some of the routines are based on | ||
source code obtained from a variety of public domain sources. The Weimer | ||
model of high-latitude potential is the intellectual property of Daniel | ||
Weimer and may not be extracted, distributed, or used for any purpose other | ||
than as implemented in the TIE-GCM. For further information concerning this | ||
model, please contact Dan Weimer. | ||
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3. Restrictions and Use. | ||
a. No Sales. You shall not sell, or license, or transfer for a fee the | ||
Software, or any work that in any manner contains the Software, or any | ||
data products generated by the Software. The Software may not be used for | ||
operational purposes, i.e., any applications intended to create forecast, | ||
nowcast, or hindcast products potentially useful for functional description | ||
of the atmospheric state. | ||
b. Modifications. All modifications or changes to the Software and | ||
derivative works that incorporate or utilize the Software, shall carry | ||
prominent notices stating that you changed the files and the date of the | ||
change. Any reproductions of derivative works shall also be on an open | ||
source basis. You are requested to transfer such modifications, changes, | ||
and/or derivative works back to UCAR. | ||
c. Copyright/Notices. Each copy of the Software, modification, or | ||
derivative work shall include a file containing this Agreement. Reference | ||
to this file will be displayed on any documents, media, printouts, or on | ||
any other electronic or tangible expressions associated with, related to | ||
or derived from the Software, as follows: "This software is part of the | ||
NCAR TIE-GCM. Use is governed by the Open Source Academic Research License | ||
Agreement contained in the file tiegcmlicense.txt." | ||
d. "Rules of the Road." The academic standards and practices with respect | ||
to notification, citation, co-authorship, etc., are specified by the | ||
"rules of the road" of the NSF CEDAR project and the NASA TIMED mission | ||
(c.f., cedarweb.vsp.ucar.edu, www.timed.jhuapl.edu.) | ||
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4. Termination. Your rights under this Agreement will terminate | ||
automatically without notice from UCAR if you fail to comply with any | ||
term(s) of this Agreement. The following provisions shall survive | ||
termination: Sections 3, 6, 7, and 11. | ||
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5. Proprietary Rights. Title, ownership rights, and intellectual property | ||
rights in the Software shall remain in UCAR. You acknowledge such | ||
ownership and intellectual property rights and will not take any action to | ||
jeopardize, limit or interfere in any manner with UCAR's ownership of or | ||
rights with respect to the Software. | ||
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6. Disclaimer of Warranty on Software. You expressly acknowledge and agree | ||
that use of the Software is at your sole risk. The Software is provided | ||
"as is" and without warranty of any kind and UCAR expressly disclaims all | ||
warranties and/or conditions of any kind, express or implied, including, | ||
but not limited to, any warranties or conditions of title, non- | ||
infringement of a third party's intellectual property, merchantability or | ||
satisfactory quality and fitness for a particular purpose. UCAR does not | ||
warrant that the functions contained in the software will meet your | ||
requirements, or that the operation of the software will be uninterrupted | ||
or error-free, or that defects in the software will be corrected. | ||
Furthermore, UCAR does not warrant or make any representations and you | ||
assume all risk regarding the use or the results of the use of the | ||
software or related documentation in terms of their correctness, accuracy, | ||
reliability, or otherwise. the parties expressly disclaim that the uniform | ||
computer information transactions act (UCITA) applies to or governs this | ||
agreement. No oral or written information or advice given by UCAR shall | ||
create a warranty or in any way increase the scope of this warranty. | ||
Should the Software prove defective, you (and not UCAR or any UCAR | ||
representative) assume the cost of all necessary correction. | ||
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7. Limitation of Liability. Under no circumstances, including negligence, | ||
shall UCAR be liable for any direct, incidental, special, indirect or | ||
consequential damages including lost revenue, profit or data, whether in | ||
an action in contract or tort arising out of or relating to the use of or | ||
inability to use the software, even if UCAR has been advised of the | ||
possibility of such damages. | ||
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8. Export Law Assurances. All Software and any technical data delivered | ||
under this Agreement are subject to U.S. export control laws and may be | ||
subject to export or import regulations in other countries. You agree to | ||
comply strictly with all such laws and regulations and you acknowledge | ||
that you have responsibility to obtain such license to export, re-export, | ||
or import as may be required after delivery to you. | ||
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9. No Support/Modifications. The Software is provided without any support | ||
or maintenance, and without any obligation to provide you with | ||
modifications, improvements, enhancements, or updates of the Software. | ||
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10. Controlling Law and Severability. This Agreement shall be governed by | ||
the laws of the United States. If for any reason a court of competent | ||
jurisdiction finds any provision, or portion thereof, to be unenforceable, | ||
the remainder of this Agreement shall continue in full force and effect. | ||
This Agreement shall not be governed by the United Nations Convention on | ||
Contracts for the International Sale of Goods, the application of which is | ||
hereby expressly excluded. | ||
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11. Complete Agreement. This Agreement constitutes the entire agreement | ||
between the parties with respect to the use of the Software and supersedes | ||
all prior or contemporaneous understandings regarding such subject matter. | ||
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