Non Commercial License Agreement for NetProb A Transaction Management System for Coordinating Support THIS LICENSE is made and entered into by and between the Trustees of Boston University (Boston University) and LICENSEE, as identified below. 1. DEFINITIONS 1.1 "Product" means the NetProb program, in source and object code form and all documentation relating to the use of this program. 2. LICENSE GRANTED 2.1 Boston University is the sole owner of and retains all property rights in this Product. Boston University hereby grants to LICENSEE, and LICENSEE accepts, a non-exclusive, non-transferable license to use this Product subject to the terms and conditions set forth below. 2.2 Use of this Product is restricted to academic, scientific and other non-commercial purposes and is for the exclusive use of the employees, students or authorized users of the LICENSEE. Copies and modifications are permitted provided that they are for the exclusive use of LICENSEE. Access to Product source code is restricted to employees of LICENSEE's institutional or corporate information systems support organization and may reside only on facilities owned, leased or otherwise under the direct control of the LICENSEE. 2.3 In LICENSEE's sole discretion, LICENSEE may provide Boston University with modifications to the Product. LICENSEE hereby grants to Boston University a non-exclusive, royalty-free license to use and distribute any modifications so provided. Any such modifications provided by LICENSEE to Boston University shall be provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non infringement. 2.4 No rights to rent, loan, redistribute, sublicense or transfer this software or any derivative works, including updates, enhancements, modifications or extensions, except as explicitly stated above are granted hereunder. 2.5 The following copyright notice must appear in all permitted copies, derivative works and associated documentation. LICENSEE agrees to inform its authorized users as to their obligations under this Agreement. Copyright, Trustees of Boston University. All Rights Reserved. NetProb was programmed by Michael Amirault, Network Systems, Office of Information Technology, Boston University. 3. TERM AND TERMINATION 3.1 Boston University grants to LICENSEE the right to use the Product provided in perpetuity. 3.2 Boston University may immediately terminate this license upon written notice to LICENSEE, if LICENSEE fails to comply with any of the terms and conditions of this Agreement. Upon termination, use of the Product by LICENSEE shall be discontinued. In such event, the license and rights granted hereunder shall expire, LICENSEE shall have no further rights or access to the Product, and LICENSEE shall immediately destroy all copies of Product and return all original materials to Boston University. 4. WARRANTIES 4.1 Boston University represents and warrants that it holds sufficient right, title and interest to grant the license herein. 4.1 Neither Boston University nor its agents make any representations about the suitability of this software for any purpose. Except as expressly stated in this License, the Product is provided "as is" without warranty of any kind, either express or implied. Neither Boston University nor the author indemnify any infringement of copyright, patent, trademark, or trade secret resulting from LICENSEE's use or modification of this Product. 5. LIMITATION OF LIABILITY 5.1 Boston University accepts no responsibility or liability for any expenses, losses or action incurred or undertaken by the LICENSEE, or those receiving the Product from the LICENSEE, as a result of receipt or use of the Product. In no event shall Boston University be liable for any damages whatsoever, including, but not limited to, any direct, indirect, incidental, special, consequential or punitive damages, any lost profits or damages resulting from loss of use of or lost data, even if Boston University has been advised, knew or should have known of the possibility thereof, except for third-party claims brought agrainst LICENSEE that the software infringes on third-party proprietary rights where Boston University knew or should have known that the software was infringing. 6. GENERAL No modification, amendment, supplement or waiver of this license or any of its provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.