RETSINA Software License CARNEGIE MELLON UNIVERSITY NON-EXCLUSIVE END-USER SOFTWARE LICENSE AGREEMENT RETSINA(tm) Reusable Environment for Task Structured Intelligent Network Agents(tm) RETSINA AFC(tm) RETSINA Agent Foundation Classes(tm) IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. Unpacking, examining, or using RETSINA software and documentation constitutes acceptance of this license agreement. LICENSE The CMU Software and Documentation, together with any fonts accompanying this Agreement, whether from a network accessible site (via ftp, http, etc.), on a disk or CD-ROM, in read-only memory or any other media or in any other form (collectively, the "CMU Software") is never sold. It is non-exclusively licensed by Carnegie Mellon University ("CMU") to you solely for your own internal, non-commercial research and evaluation purposes on the terms of this Agreement. CMU retains the ownership of the CMU Software and any subsequent copies and modifications of the CMU Software. The CMU Software and any copies made under this Agreement are subject to this Agreement. YOU MAY: 1. USE the CMU Software solely for the purposes of personal, academic, and non-commercial purposes. 2. COPY the CMU Software only to one other computer owned by you or under your administrative control if owned by your employer, for the purposes outlined in paragraph (1), above. 3. BACK-UP the CMU Software for safety purposes only. You may make one (1) copy of the CMU Software in machine-readable form for back-up purposes. The back-up copy must contain all copyright notices contained in the original CMU Software. 4. TERMINATE this Agreement by destroying the original and all copies of the CMU Software in whatever form. YOU MAY NOT: 5. Assign, delegate or otherwise transfer the CMU Software, the license (including this Agreement), or any rights or obligations hereunder or thereunder, to another person or entity. Any purported assignment, delegation or transfer in violation of this provision shall be void. 6. Loan, distribute, rent, lease, give, sublicense or otherwise transfer the CMU Software (or any copy of the CMU Software), in whole or in part, to any other person or entity. 7. Alter, translate, decompile, disassemble, reverse engineer or create derivative works from the CMU Software, including but not limited to, modifying the CMU Software to make it operate on non-compatible hardware. 8. Remove, alter or cause not to be displayed, any copyright notices or startup messages contained in the CMU Software. 9. Export the CMU Software or the product components in violation of any United States export laws. Title to the CMU Software, including the ownership of all copyrights, patents, trademarks and all other intellectual property rights subsisting in the foregoing, and all adaptations to and modifications of the foregoing shall at all times remain with CMU. CMU retains all rights not expressly licensed under this Agreement. The CMU Software, including any images, graphics, photographs, animation, video, audio, music and text incorporated therein is owned by CMU or its suppliers and is protected by United States copyright laws and international treaty provisions. Except as otherwise expressly provided in this Agreement, the copying, reproduction, distribution or preparation of derivative works of the CMU Software is strictly prohibited by such laws and treaty provisions. Nothing in this Agreement constitutes a waiver of CMU's rights under United States copyright law. This Agreement and your rights are governed by the laws of the Commonwealth of Pennsylvania. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect. THIS LICENSE SHALL TERMINATE AUTOMATICALLY if you fail to comply with the terms of this Agreement. PROVISION OF EVALUATION You expressly agree to provide feedback as to the usefulness, performance, applicability, and any perceived benefits or drawbacks of the CMU Software, while evaluating the CMU Software for the purposes of paragraph (1), above. You expressly acknowledge and agree that providing such feedback will not obligate CMU to respond, provide features, updates, or new releases, as a consequence. PROVISION OF EXPERIMENTAL PARTICIPATION The CMU Software is being provided to you free of charge in the interests of advancing the state of the art in network-based distributed information technologies. On occasion, and throughout the duration of this license, you acknowledge and agree that you may be requested to load and run CMU Software for the purposes of executing network-based experiments. DISCLAIMER OF WARRANTY ON CMU SOFTWARE You expressly acknowledge and agree that your use of the CMU Software is at your sole risk. THE CMU SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND CMU EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CMU SOFTWARE IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTIES, REMEDIES AND LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN CMU AND YOU. CMU WOULD NOT BE ABLE TO PROVIDE THE CMU SOFTWARE WITHOUT SUCH LIMITATIONS. LIMITATION OF LIABILITY THE CMU SOFTWARE IS BEING PROVIDED TO YOU FREE OF CHARGE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CMU BE LIABLE UNDER ANY THEORY OR FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE CMU SOFTWARE OR OTHERWISE RELATING TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS), EVEN IF CMU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. ADDITIONAL PROVISIONS YOU SHOULD BE AWARE OF This Agreement constitutes the entire agreement between you and CMU regarding the CMU Software and supersedes any prior representations, understandings and agreements, either oral or written. No amendment to or modification of this Agreement will be binding unless in writing and signed by CMU. U.S. GOVERNMENT RESTRICTED RIGHTS If the CMU Software or any accompanying documentation is used or acquired by or on behalf of any unit, division or agency of the United States Government, this provision applies. The CMU Software and any accompanying documentation is provided with RESTRICTED RIGHTS. The use, modification, reproduction, release, display, duplication or disclosure thereof by or on behalf of any unit, division or agency of the Government is subject to the restrictions set forth in subdivision (c)(1) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19 and the restrictions set forth in the Rights in Technical Data-Non-Commercial Items clause set forth in 48 CFR 252.227-7013. The contractor/manufacturer of the CMU Software and accompanying documentation is Carnegie Mellon University, 5000 Forbes Avenue, Pittsburgh, Pennsylvania 15213, U.S.A. Please print or type the following: Name: ___________________________________ Institution: ___________________________________ Address of Institution: _______________________________ _______________________________ _______________________________ URL of your research group: _______________________________ Position at Institution: _______________________________ Advisor (if student): _______________________________ Your email address: _______________________________ Advisor's email address: _______________________________ Advisor's URL: _______________________________ Signature: _______________________________ (By signing this agreement, I hereby acknowledge that I completely understand and agree to the terms, conditions, limitations, liabilities and other provisions of this agreement, in their entirety and without exception. I acknowledge that my signing of this agreement does not constitute an obligation or agreement on the part of Carnegie Mellon University or its affiliates to allow access to the software. The University or its agent will determine my eligibility and allow access for those it deems appropriate. I will not attempt to access the software without the assent of Carnegie Mellon University or its agents. I agree to follow the instructions provided to receive access if I am deemed eligible).