NETOBS - Alignment Network Observations and Adjustment

License and End User Agreement

These terms will apply because you (“End User”) are licensing, using, or are provided access from Michigan State University (“MSU”) to software, documentation, copyrighted works, or services known as NETOBS - Alignment Network Observations and Adjustment (“Software and Documentation”). 

  1. Background. The Software and Documentation were developed for research and educational purposes and are copyrighted by the Board of Trustees of Michigan State University. The Software and Documentation are protected by copyright law and all rights not specifically granted in this Agreement are reserved by the copyright owner.

  2. Rights. MSU grants End User a royalty-free, non-exclusive, non-transferable right to use the Software and Documentation for academic, non-profit, and research purposes only.  End User may not redistribute, transfer, rent, lease, sell, lend, allow third parties to use, sub-license, prepare derivative works of the Software and Documentation without the prior written consent of MSU.  Any use of the Software and Documentation beyond these limitations will be subject to MSU’s prior written consent and payment of the applicable fees.  End User agrees to use reasonable efforts to protect the Software and Documentation from unauthorized use, reproduction, distribution, or publication and any other use inconsistent with this Agreement. 

  3. Ownership. All patents, copyrights, trade secrets and other proprietary rights in or related to the Software and Documentation are and will remain the exclusive property of MSU, whether or not specifically recognized or perfected under applicable law.  End User will not take any action that jeopardizes MSU’s proprietary rights.  End User acknowledges and agrees that it acquires no right in the Software and Documentation, except the limited use license specified in Section 2.  MSU will own all rights in any copy of the Software and Documentation or any derivative work thereof, including any improvement or development of the Software and Documentation. 

  4. Source Code. The End User is not entitled to receive the source code version of the Software and Documentation, and under no circumstances may the End User recipient reverse-compile, reverse-assemble, decompile, disassemble, decrypt, extract, or otherwise reverse-engineer or modify the object code version of the MSU Product.

  5. Notices and Attribution. The End User must reproduce and include the copyright notice(s) and statement of attribution of MSU, as applicable, as they appear in the Software and Documentation and on any media containing the Software and Documentation and, if applicable, on all copies of the Software and Documentation or cloud delivery of it.  End User agrees that any publication of results obtained with the Software and Documentation will acknowledge its use by an appropriate citation.

  6. End User acknowledges and agrees that MSU will not be responsible for updating the Software and Documentation. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS”.  MSU MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE AND DOCUMENTATION, OR ANY OTHER MATERIALS, SERVICES, INFORMATION, OR TECHNOLOGY, AND MSU EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MSU MAKES NO WARRANTY THAT ALL ERRORS HAVE BEEN OR CAN BE ELIMINATED FROM THE SOFTWARE AND DOCUMENTATION.  MSU MAKES NO WARRANTIES WITH RESPECT TO THE COMPATIBILITY OF THE SOFTWARE AND DOCUMENTATION WITH ANY THIRD PARTY CONTENT, INCLUDING ANY THIRD PARTY COMPUTER SOFTWARE AND/OR HARDWARE, AND MSU ASSUMES NO RESPONSIBILITY FOR DAMAGE CAUSED BY OR INCURRED AS A RESULT OF THE USE OF ANY SUCH THIRD PARTY CONTENT WITH THE SOFTWARE AND DOCUMENTATION.

  7. UNDER NO CIRCUMSTANCES WILL MSU BE LIABLE FOR LOSSES, DAMAGES, COSTS, OR EXPENSES OF ANY KIND RESULTING FROM THE USE OF THE SOFTWARE AND DOCUMENATION. MSU WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, OR OTHER SIMILAR DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF MSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BASED ON CLAIMS OF END USER OR ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. 

  8. Jurisdiction. All actions or proceedings related to this Agreement shall be litigated in state courts of competent jurisdiction located in the State of Michigan.  End User (i) consents and submits to the jurisdiction of any Michigan state court with competent jurisdiction, and (ii) shall not bring any action or claim in any other jurisdiction.

  9. Severability. If any provision of this Agreement is held unlawful, void, or for any reason unenforceable under any circumstance, it shall not affect the validity or enforceability of all other provisions of this Agreement.

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