scivision/glowaurora

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glowlicense.txt

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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.