1. LICENSE GRANT AND TITLE. Subject to the terms herein, Numerical Recipes hereby grants to Licensee, and Licensee accepts, a non-exclusive license to use the Numerical Recipes programs, functions, and procedures enumerated below (``the Software") on computers that are physically located at the licensed site described below (``the Site''). Title to the Software shall remain with Numerical Recipes and/or with the authors of the book ``Numerical Recipes: The Art of Scientific Computing, Second Edition" (``Authors") as provided for by agreement between Numerical Recipes and Authors. Numerical Recipes represents that it has the right to license the Software.
2. LICENSE TERM. This license shall begin when the Software is received by Licensee, and shall remain in effect until the first to occur of the following: (i) 30 days after the Software is received by Licensee, unless payment in full of the license fee described below shall have been made to Numerical Recipes, or (ii) Licensee ceases to own or operate the licensed site, or (iii) Licensee is substantially in violation of this agreement and has been so notified by Numerical Recipes and has failed to correct the violation within 30 days.
Upon termination of this license, Licensee shall cease use of the Software within 30 days and shall return to Numerical Recipes or (at the option of Numerical Recipes) shall destroy, all copies of the Software. Further use of the Software is prohibited.
3. SCOPE OF LICENSE. Licensee may
a. Use, modify, or incorporate the Software, in any form (including source code), in computer programs that are developed and executed solely at the licensed Site. Incorporated or modified Software, exclusive of the actual modifications, remains the property of Numerical Recipes and/or Authors.
b. Copy the Software for backup or modification purposes, or for distribution within the Site.
c. Transfer executable, fully compiled, programs incorporating the Software to other computer systems, including systems outside of the Site, but only providing that the following three conditions hold (i) the programs were first developed and successfully run within the Site, (ii) the Software is bound into the programs in such a manner that it cannot practicably be unbound and used in other programs, and (iii) individual routines of the Software cannot be invoked by the user of the transferred programs in substantially the manner of a program library or mathematical workbench environment.
Licensee may not (except as otherwise specifically provided herein)
d. Transfer, publish, disclose, display, or otherwise make available the Software in any form outside of the Site, or to other organizations or persons.
e. Transfer or copy the software to any computer outside of the Site.
f. Transfer or copy the software to a magnetic or other storage medium in a format not customarily used by Licensee as an ordinary means of backup at the Site.
4. LIMITED WARRANTY. Numerical Recipes warrants the media on which the Software is delivered to be free from defect in materials or faulty workmanship under normal use and care for a period of 90 days after delivery. Numerical Recipes' sole responsibility and Licensee's sole remedy shall be for Numerical Recipes to repair or replace (at Numerical Recipes' option) the defective product.
5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
THE SOFTWARE IS FURNISHED ``AS IS". NUMERICAL RECIPES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE SOFTWARE IS FREE OF ERROR, OR IS CONSISTENT WITH ANY PARTICULAR STANDARD OF MERCHANTABILITY, OR THAT IT WILL MEET LICENSEE'S REQUIREMENTS FOR ANY PARTICULAR APPLICATION. NUMERICAL RECIPES ACCEPTS NO RESPONSIBILITY FOR ANY MATHEMATICAL OR TECHNICAL LIMITATIONS OF THE PROCEDURES AND FUNCTIONS WHICH MAKE UP THE SOFTWARE. THE SOFTWARE SHOULD NOT BE RELIED ON FOR SOLVING A PROBLEM WHOSE INCORRECT SOLUTION COULD RESULT IN INJURY TO A PERSON OR LOSS OF PROPERTY. NEITHER NUMERICAL RECIPES, NOR THE AUTHORS OF THE BOOK ``NUMERICAL RECIPES: THE ART OF SCIENTIFIC COMPUTING", NOR THE PUBLISHER OF THAT BOOK SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR GENERAL, CONSEQUENTIAL OR INCIDENTAL, ARISING FROM USE OF THE SOFTWARE. USE OF THE SOFTWARE IS ENTIRELY AT LICENSEE'S OWN RISK.
6. TAXES. Licensee shall, in addition to the other amounts payable under this license agreement, pay all sales, excise, or use taxes or other fees imposed on the transactions contemplated by this license. Without limiting the foregoing, Licensee shall promptly pay to Numerical Recipes an amount equal to any such items actually paid, or required to be collected or paid, by Numerical Recipes. At the time of any request to Licensee for payment of such items, Numerical Recipes shall furnish Licensee with documentation substantiating them.
7. ARBITRATION. Any claim or controversy arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration in Boston, Massachusetts, in accordance with the then existing rules and procedures of the American Arbitration Association. Any award in such arbitration shall include all expenses of the proceeding but disbursements of the successful party, including attorneys' fees, shall be included only at the discretion of the arbitrator. Any award made in such proceeding shall be final, binding, and conclusive upon the parties and judgment may be entered upon such award in any court having jurisdiction.
8. GENERAL. This agreement supersedes and merges all prior proposals, understandings and all other agreements, oral and written, between Numerical Recipes and Licensee relating to this license. This agreement may not be modified or altered except by written instrument executed by both parties. Licensee may not assign or sub-license, without the prior written consent of Numerical Recipes, its rights, duties or obligations under this agreement to any person or entity, in whole or in part. Numerical Recipes shall have the right to collect from Licensee its reasonable expenses incurred in enforcing this agreement including attorney's fees. No action, regardless of form, arising out of this agreement may be brought by Licensee more than two years after the cause of action has arisen. If any provision of this agreement is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted. The waiver or failure of Numerical Recipes to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. This agreement shall be governed by the laws of the Commonwealth of Massachusetts.
THE SOFTWARE SHALL CONSIST OF the following items, unless crossed out:
FORTRAN Recipes and Examples (Version 2), namely FORTRAN subroutines and functions substantially as documented in the books ``Numerical Recipes in FORTRAN: The Art of Scientific Computing, Second Edition" and ``Numerical Recipes Example Book (FORTRAN), Second Edition"
C Recipes and Examples (Version 2), namely C functions substantially as documented in the books ``Numerical Recipes in C: The Art of Scientific Computing, Second Edition" and ``Numerical Recipes Example Book (C), Second Edition"
THE LICENSEE SHALL BE:
THE LICENSED SITE (``the Site'') SHALL CONSIST OF:
THE LICENSE FEE SHALL BE $
LICENSE NUMBER:
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