ORIGIN
EVOLUTIONARY SDK
END
USER LICENSE AGREEMENT
IMPORTANT! PLEASE
READ CAREFULLY. THIS IS A CONTRACT
BETWEEN YOU AND PARABON COMPUTATION, INC. ("PARABON") FOR THE USE OF
PARABON'S ORIGIN EVOLUTIONARY SOFTWARE DEVELOPMENT KIT ("ORIGIN
EVOLUTIONARY SDK"). BY
CLICKING "I AGREE" BELOW, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS
AGREEMENT AND ACKNOWLEDGE THAT THE ORIGIN Evolutionary SDK is based on ECJ, a java-based evolutionary
computation research system created by Dr. Sean Luke at George Mason University,
and was licensed to Parabon under the Academic Free License version 3.0, a copy
of which is provided in the docs/licenses/LICENSE
file.
IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, YOU SHOULD CLICK
"CANCEL," IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE ORIGIN
EVOLUTIONARY SDK.
1. License. You are granted a limited, non-exclusive, non-transferable
license to use this version of the Origin Evolutionary SDK in accordance with
the terms and conditions of a duly executed Frontier SDK Agreement and a
Frontier License Agreement – either a Frontier Enterprise or the Parabon
Computation Grid: Access and Use Agreement – collectively referred to as
"Frontier License Agreement").
If such an agreement has not been duly executed, no rights to use, run
or evaluate the Origin Evolutionary SDK are granted. In using this Origin
Evolutionary SDK, you may be charged for use of Parabon's computational power
collection, aggregation and distribution service (the "Service")
under the conditions of the Parabon Computation Grid: Access and Use
Agreement.
2. Restrictions. You may not (i) copy, duplicate or
modify the ORIGIN EVOLUTIONARY SDK or incorporate any of it in any other work
except to create a backup copy exclusively for purposes of disaster recovery
(and the copy shall contain all notices of Parabon's rights that are included
on the original Origin Evolutionary SDK supplied by Parabon); (ii) rent, lease,
loan, resell, distribute, network, transfer or use the Origin Evolutionary SDK
in a time share or service bureau basis, or (iii) reverse compile, disassemble,
reverse engineer or otherwise reduce to human perceivable form any of the
ORIGIN EVOLUTIONARY SDK. This software is subject to US export control laws and
regulations and may not be exported except in full compliance with those laws
and regulations and with the express written consent of Parabon. You agree to
comply with all laws regarding your use of the Origin Evolutionary SDK,
including without limitation any U.S. export control laws.
3. Disclaimer. You acknowledge that the Origin
Evolutionary SDK has been provided solely in accordance with the terms and
conditions of the Frontier SDK Agreement and the Frontier License Agreement.
ACCORDINGLY, ORIGIN EVOLUTIONARY SDK IS PROVIDED TO YOU UNDER THESE TERMS,
WHETHER EXPRESSED OR IMPLIED.
4. Ownership. Origin
Evolutionary SDK is a proprietary product of Parabon and is protected by
copyright law. Parabon retains all
title to and ownership of Origin Evolutionary SDK, including all rights to
patent, copyright, trade secret and trademark.
5. Liability
Limit. IN NO EVENT WILL PARABON BE
LIABLE TO YOU (A) FOR ANY LOST PROFITS, LOST BUSINESS, COST OF COVER, OR OTHER
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF YOUR USE OR
INABILITY TO USE ORIGIN EVOLUTIONARY SDK, EVEN IF PARABON OR AN AUTHORIZED
REPRESENTATIVE OF PARABON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (B) FOR ANY CLAIM BY ANY OTHER PARTY BASED ON YOUR USE OF ORIGIN
EVOLUTIONARY SDK. The foregoing
limitations of liability shall apply even if any remedy hereunder fails of its
essential purpose.
6. Termination. This
Agreement is effective until terminated. This Agreement will also terminate
automatically if you do not comply with any terms or conditions of the Frontier
SDK Agreement or the Frontier License Agreement. Upon such termination you agree to uninstall, destroy or
return to Parabon all copies of the Origin Evolutionary SDK in your possession
or control.
7. General. This Agreement will be governed by the laws
of the Commonwealth of Virginia, without regard to its choice of law rules. If
any term of this Agreement is held to be invalid, such invalidity will not
affect the remaining terms, which shall remain in full force and effect to the
maximum extent possible. Any
claim or controversy arising out of or relating to this Agreement shall be
settled exclusively by final and binding arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association. Arbitration will take place in the City
of McLean, Virginia. Nothing in
this Agreement will prevent Parabon from applying for injunctive relief in any
court of competent jurisdiction.
This agreement
was last updated on April 30, 2008