=========================================================================================== NOTE: To whom it may concern: Unless authorized by the U.S. Government, our University prohibits export of software and technology to destinations subject to U.S. embargoes or trade sanctions. In addition, most research at our University has been funded by the U.S. Government, adding additional export restrictions. As of March 2003, the following countries are subject to U.S. embargo or restrictive trade sanctions: Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria This list is subject to change. Thank you for your interest. OHSU TRC Office Please direct questions to: Technology & Research Collaborations, OHSU 1 (503) 494-8200 or techmgmt@ohsu.edu ============================================================================================ ReBEL Toolkit License The ReBEL Toolkit is available free for academic use only (see license below) and can be obtained by contacting rvdmerwe@csee.ogi.edu. Businesses wishing to obtain a copy of the software should contact ericwan@csee.ogi.edu for commercial licensing information. Academic License Terms PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE REQUESTING AND USING ANY OF THE SOFTWARE CONTAINED IN THE ReBEL TOOLKIT. 1. Provider: ReBEL is owned by the OGI School of Science and Engineering at OHSU. 2. Grant: The Provider hereby grants to you a revocable, nonexclusive, nontransferable, royalty-free and worldwide license (the "License") to use ReBEL solely for educational, research, or evaluation purposes, in accordance with Paragraph 3 below and subject to the terms and conditions of this License Agreement (the "Agreement"). 3. Limitations on Use: The License is limited to noncommercial use. Noncommercial use relates only to educational, research, personal or evaluation purposes. Any other use is commercial use. You may not use the Software in connection with any business activities. This license prohibits any reverse engineering of the Software, except where source code is given. 4. Copies: You may copy Provider copyrighted material only as reasonably necessary for your licensed use. You agree to reproduce the Provider's copyright notice on all copies of the Provider copyrighted material. 5. Ownership: ReBEL and the accompanying documentation are licensed, not sold, to you. ReBEL is a proprietary product of the Provider and is protected under U.S. copyright law and international treaty revisions. The Provider retains all rights not specifically granted to you hereunder, including ownership of ReBEL and all copyrights, trade secrets, or other intellectual property rights in ReBEL and any accompanying information. 6. Publication Credit: You agree to acknowledge OGI and the authors Rudolph van der Merwe and Eric A. Wan with appropriate citations in any publication or presentation containing research results obtained in whole or in part through the use of ReBEL. 7. Term of License: The License is effective upon receipt by you of the ReBEL toolkit and shall continue until terminated. The License will terminate immediately without notice by the Provider if you fail to comply with the terms and conditions of this Agreement. Upon termination of this License, you shall immediately discontinue all use of ReBEL provided hereunder, and return to the Provider or destroy the original and all copies of all such Software. All of your obligations under this Agreement shall survive the termination of the License. 8. Warranty: THE PROVIDER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, USE, OR PERFORMANCE OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED "AS IS," WITHOUT EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. THE PROVIDER IS NOT OBLIGATED TO SUPPORT OR ISSUE UPDATES TO THE SOFTWARE. 9. Limitation on Liability: ReBEL is provided free of charge and, accordingly, the Provider shall not be liable under any theory for any damages suffered by you or any user of the Software. UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER ECONOMIC LOSS OR COMMERCIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY THIRD-PARTY CLAIMS. 10. Indemnification: By downloading the ReBEL software distribution from the ReBEL website, you agree to hold harmless, indemnify, and defend the Provider, its Trustees, officers, employees, and agents from and against any loss, damage, liability, claim of loss, lawsuit, cause of action, or other claim asserted against them or any of them arising out of, or in any way connected with, your performance of any activity hereunder. 11. U.S. Government Restricted Rights: Use, duplication or disclosure by the Government is subject to restrictions set forth as subparagraphs (a) through (d) of the Commercial Computer--Restricted Rights clause at FAR 52.227-19, when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/Manufacturer is the OGI School of Science & Engineering at the Oregon Health & Science University, 20000 NW Walker Road, Beaverton, OR, 97006. 12. Export Controls: By downloading the ReBEL software distribution from the ReBEL website, you agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. 13. Disputes/Arbitration: This Agreement shall be governed under the laws of the state of Oregon. Any dispute between the parties arising out of or relating to this Agreement will be submitted to binding arbitration in Portland, Oregon, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award may be entered in any court of competent jurisdiction; provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. The prevailing party in any arbitration or litigation shall be entitled to recover all reasonable expenses thereof, including attorney's fees in connection with such proceedings or any appeal thereof. Document updated : June 4th, 2002