glowlicense.txt
GLOW MODEL OPEN SOURCE ACADEMIC RESEARCH LICENSE AGREEMENT
1. License. The University Corporation for Atmospheric Research (UCAR)
grants you a non-exclusive, nontransferable, world-wide, royalty-free
license to use, reproduce, and prepare derivative works of the GLOW model
software ("Software") for research, academic, and non-profit purposes
2. Basis. This software was written by Stanley C. Solomon and colleagues,
as noted in the individual files. Some of the routines are based on
source code obtained from a variety of sources, including the 2-stream
electron transport algorithm by A. F. Nagy and P. M. Banks, the quartic
equation solver by E. C. Ridley, and geomagnetic field specifications from
the International Reference Ionosphere.
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.
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
GLOW model. Use is governed by the Open Source Academic Research License
Agreement contained in the file glowlicense.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.hao.ucar.edu, www.timed.jhuapl.edu.)
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.
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.
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.
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.
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.
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.
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.
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.