1. This LICENSE AGREEMENT is between the Corporation for National Research Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191 ("CNRI") and the Individual or Organization ("Licensee") accessing and otherwise using the CNRI Repository Sever Software (Java Version 1.0 alpha) in binary and source form and its associated documentation ("Software").
2. Subject to the terms and conditions of this License Agreement, CNRI hereby grants Licensee a non-exclusive, non-transferable, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, distribute, and otherwise use the Software, provided, however, that CNRI's License Agreement and CNRI's notice of copyright, i.e., "Copyright© 2000 Corporation for National Research Initiatives; All Rights Reserved" are both retained in the Software. Alternatively, in lieu of CNRI's License Agreement, Licensee may substitute the following text (omitting the quotes): "CNRI Repository Server Software (Java™ Version 1.0 alpha) is made available subject to the terms and conditions in CNRI's License Agreement. This License Agreement may be located on the Internet using the following handle: 4263537/4089. The License may also be obtained from a proxy server using the following URL: http://hdl.handle.net/4263537/4089."
3. CNRI is making the Software available to Licensee on an "AS IS" basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
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5. This License Agreement may be terminated by CNRI (i) immediately upon written notice from CNRI of any material breach by the Licensee, if the nature of the breach is such that it cannot be promptly remedied; or (ii) sixty (60) days following notice from CNRI to Licensee of a material remediable breach, if Licensee has not remedied such breach within that sixty-day period.
6. This License Agreement shall be governed by and interpreted in all respects by the law of the Commonwealth of Virginia, excluding Virginia's conflict of law provisions. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee. This License Agreement does not grant permission to use CNRI trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party.
7. By clicking on the "ACCEPT" button where indicated, or by copying, installing or otherwise using the Software, Licensee agrees to be bound by the terms and conditions of this License Agreement.