Colorado State University Software Evaluation License Agreement
This license agreement ("License"), effective today, is made by and between you (hereinafter
referred to as the "Licensee") and the Board of Governors of the Colorado State University System
acting by and through Colorado State University, an institution of higher education of the State
of Colorado, located at Fort Collins, Colorado, 80523-2002 ("CSU"), and concerns certain software
described as "Correlation Filters for Detection, Recognition, and Registration," a system of
software programs for advanced video signal processing and analysis.
- General. A non-exclusive, nontransferable, perpetual
license is granted to the Licensee to install and use the Software for academic, non-profit,
or government-sponsored research purposes. Use of the Software under this License is
restricted to non-commercial purposes. Commercial use of the Software requires a separately
executed written license agreement.
- Permitted Use and Restrictions. Licensee agrees that
it will use the Software, and any modifications, improvements, or derivatives to the Software
that the Licensee may create (collectively, "Improvements") solely for internal,
non-commercial purposes and shall not distribute, transfer, deploy, or externally expose the
Software or Improvements to any person or third parties without prior written permission from
CSU. The term "non-commercial," as used in this License, means academic or other scholarly
research which (a) is not undertaken for profit, or (b) is not intended to produce works,
services, or data for commercial use, or (c) is neither conducted, nor funded, by a person or
an entity engaged in the commercial use, application or exploitation of works similar to the
Software.
- Ownership and Assignment of Copyright.The Licensee
acknowledges that CSU has the right to offer this copyright in the Software and associated
documentation only to the extent described herein, and the offered Software and associated
documentation are the property of CSU. The Licensee agrees that any Improvements made by
Licensee shall be subject to the same terms and conditions as the Software. Licensee agrees
not to assert a claim of infringement in Licensee copyrights in Improvements in the event CSU
prepares substantially similar modifications or derivative works. The Licensee agrees to use
his/her reasonable best efforts to protect the contents of the Software and to prevent
unauthorized disclosure by its agents, officers, employees, and consultants. If the Licensee
receives a request to furnish all or any portion of the Software to a third party, Licensee
will not fulfill such a request but will refer the third party to the CSU Computer Science Optimized Correlation Output Filter Tools
Website so that the third party's use of this Software will be subject to the terms and
conditions of this License. Notwithstanding the above, Licensee may disclose any Improvements
that do not involve disclosure of the Software.
- Copies. The Licensee may make a reasonable number of
copies of the Software for the purposes of backup, maintenance of the Software or the
development of derivative works based on the Software. These additional copies shall carry the
copyright notice and shall be controlled by this License, and will be destroyed along with the
original by the Licensee upon termination of the License.
- Acknowledgement./span> Licensee agrees that any publication
of results obtained with the Software will acknowledge its use by an appropriate citation
as specified in the documentation.
- Acknowledgment. CSU
acknowledges that the Software executes patent pending Algorithms for the purpose of
non-commercial uses. Licensee acknowledges that this Agreement does not constitute a
commercial license to the Algorithms. Licensee may apply for a commercial license to the
Algorithms from Colorado State University Research Foundation by visiting the Better
Correlation Filters for Detection, Recognition, and Registration Website.
- Disclaimer of Warranties and Limitation of Liability.
THE SOFTWARE IS PROVIDED ŇAS IS,Ó WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. CSU MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE WILL NOT
INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT SHALL CSU BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- Termination. This License is effective until
terminated by either party. Your rights under this License will terminate automatically
without notice from CSU if you fail to comply with any term(s) of this License. Upon
termination of this License, you shall immediately discontinue all use of the Software and
destroy the original and all copies, full or partial, of the Software, including any
modifications or derivative works, and associated documentation.
- Governing Law and General Provisions. This License
shall be governed by the laws of the State of Colorado, excluding the application of its
conflicts of law rules. This License shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is expressly excluded.
If any provisions of this License are held invalid or unenforceable for any reason, the
remaining provisions shall remain in full force and effect. This License is binding upon any
heirs and assigns of the Licensee. The License granted to Licensee hereunder may not be
assigned or transferred to any other person or entity without the express consent of the
Regents. This License constitutes the entire agreement between the parties with respect to the
use of the Software licensed hereunder and supersedes all other previous or contemporaneous
agreements or understandings between the parties, whether verbal or written, concerning the
subject matter.