UT TACC Public License - Version 1.0 (UTTPL v1.0) Copyright 2004, The University of Texas at Austin RECITALS The Texas Advanced Computing Center of The University of Texas at Austin has developed certain software and documentation which it desires to make available to anyone for any purpose through this open source license. 1. DEFINITIONS. 1.1 License shall mean the grant of rights hereunder referred to herein as the UTTPL. 1.2 Licensor shall mean the copyright owner or other authorized entity granting rights hereunder. 1.3 Licensee shall mean persons or entities exercising rights granted hereunder. 1.4 Software shall mean the computer program(s) referred to as GridPort made available under this License in object code or source code form. 1.5 Documentation shall mean all manuals, user documentation, and other related materials pertaining to the Software which are made available to Licensee in connection with the Software. 1.6 Contribution shall mean any work, including the original version of the Software and any modifications to that Software or Derivative Products thereof. 1.7 Contributors shall mean persons or entities that have made a Contribution to Software or Documentation. 1.8 Derivative Products shall mean computer programs in machine readable object code or source code form which are a modification of, enhancement to, derived from or based upon Software or Documentation. 2. GRANT OF RIGHTS. 2.1 Subject to the terms and conditions hereunder, Licensor hereby grants to Licensee a perpetual, worldwide, non-exclusive license (i) to use and modify the Software to create Derivative Products and (ii) to install use, manufacture, reproduce, display, sublicense, market and distribute the Documentation and the Software. 3. REDISTRIBUTIONS. 3.1 Licensee may distribute Software, Documentation or Derivative Products that include a copy of the UTTPL. Modified files of such redistributions must provide notice that the file was altered. All copyright, patent, trademark and acknowledgement notices must be retained in Software, Documentation and Derivative Products. 4. PROTECTION OF SOFTWARE. 4.1 Proprietary Notices. Licensee shall maintain and place on any copy of Software, Derivative Products or Documentation which it reproduces, whether for internal use or for distribution, all such notices as are authorized and/or required hereunder. Licensee shall include a copy of this UTTPL and the following notice, on each copy of the Software and Documentation. Such license and notice shall be loaded in the computer memory for use, display, or reproduction and shall be embedded in program source code and object code, in the video screen display, on the physical medium embodying the Software copy, Derivative Products and on any Documentation and sublicensee reference manuals: Copyright ? The University of Texas, 2004. All rights reserved. UNIVERSITY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THIS SOFTWARE AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE, AND WARRANTIES OF PERFORMANCE, AND ANY WARRANTY THAT MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE USE OF THE SOFTWARE OR DOCUMENTATION. Under no circumstances shall University be liable for incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, or related expenses which may arise from use of software or documentation, including but not limited to those resulting from defects in software and/or documentation, or loss or inaccuracy of data of any kind. 5. WARRANTIES. 5.1 Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW LICENSOR AND ALL CONTRIBUTORS PROVIDE SOFTWARE, DERIVATIVE PRODUCTS AND DOCUMENTATION ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND RESPECTING THE SOFTWARE, DERIVATIVE PRODUCTS OR DOCUMENTATION PROVIDED HEREUNDER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 5.2 Limitation of Liability. UNDER NO CIRCUMSTANCES UNLESS REQUIRED BY APPLICABLE LAW SHALL LICENSOR OR ANY CONTRIBUTOR BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, DIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, INTERRUPTION OF BUSINESS, OR RELATED EXPENSES WHICH MAY ARISE AS A RESULT OF THIS LICENSE OR OUT OF THE USE OR ATTEMPT OF USE OF SOFTWARE, DERIVATIVE PRODUCTS OR DOCUMENTATION INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM DEFECTS IN SOFTWARE AND/OR DOCUMENTATION, OR LOSS OR INACCURACY OF DATA OF ANY KIND. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER GROUNDS. 6. INDEMNIFICATION. 6.1 Licensee shall indemnify and hold harmless Licensor, any Contributor, the copyright holders, their officers, agents and employees from and against any claims, demands, or causes of action whatsoever, including without limitation those arising on account of Licensees modification or enhancement of the Software or any Derivative Products or otherwise caused by, or arising out of, or resulting from, the exercise or practice of the license granted hereunder by Licensee, its sublicensees, if any, its subsidiaries or their officers, employees, agents or representatives. 7. USE OF NAME. 7.1 Licensee may use the name The University of Texas at Austin in factually based materials related to Software, Derivative Products and Documentation and the business of the Licensee; provided, however, that Licensee may not use the name of The University of Texas at Austin in connection with any name, brand or trademark related to Software, Derivative Products or Documentation. For example, Licensee may include a statement in promotional materials that refers to the fact that a product or service is based on technology developed at The University of Texas at Austin; Licensee may not include The University of Texas at Austin in a product or service name. END OF TERMS AND CONDITIONS The University of Texas at Austin UTTPL v1.0, February 15, 2004 Texas Advanced Computing Center