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The California Institute of Technology ("Caltech"), will provide you ("LICENSEE") a version of ("SOFTWARE"). By downloading the SOFTWARE from this site, LICENSEE agrees to the following terms:
1. CALTECH agrees to grant a nonexclusive, non-transferable, royalty-free license without the right to sublicense to LICENSEE, and LICENSEE agrees to utilize the SOFTWARE for evaluation or noncommercial research purposes only. LICENSEE agrees not to use the SOFTWARE for any commercial use, including commercial research or consulting. LICENSEE agrees not to distribute the SOFTWARE to any person external to the LICENSEE without the prior written permission of CALTECH.
2. The SOFTWARE is experimental in nature and is being licensed "as is". The license of the SOFTWARE does not include any technical support.
3. LICENSEE agrees to grant CALTECH a nonexclusive, non-transferable, royalty-free license to any other software, information or data that incorporate any part of the SOFTWARE for the purpose of research internal to CALTECH, as well as any purpose for or on behalf of the United States Government.
4. LICENSEE agrees that any person within the LICENSEE utilizing the SOFTWARE will be advised of, and is subject to, the conditions in the Agreement.
5. The SOFTWARE and/or related materials are provided "as-is" without warrany of any kind including any warranties of performance or merchantability or fitness for a particular use or purpose. In no event will CALTECH be liable for any damages and/or costs, including but not limited to incidental or consequential damages of any kind, including economic damage or injury to property and lost profits, regardless of whether CALTECH shall be advised, have reason to know, or in fact shall know of the possiblity. LICENSEE bears all risk relating to quality and performance of the software and/or related materials.
6. This Agreement will be governed by the laws of the State of California, and any action brought hereunder shall be within the state of California.
7. This Agreement will expire five (5) years from the date on which the software is first received. Upon expiration, the LICENSEE will return any remaining SOFTWARE or will delete local copies of the SOFTWARE.