ReBEL Toolkit License
The ReBEL Toolkit is available free for academic use only (see license
below) and can be obtained by contacting rvdmerwe@ece.ogi.edu.
Businesses wishing to obtain a copy of the software should contact
ericwan@ece.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
