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