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    End-User Licensing Agreement This Licensing Agreement (“Agreement”) is a binding legal contract between (a) you, an individual or single entity, (“Licensee”) and (b) Rutgers, the State University of New Jersey (“Licensor”), which governs the terms of use of the GASCAP software (“Software”) that is the subject of this End User Licensing Agreement (“EULA”) and any upgrades, changes, or modifications to the Software that may be promulgated by Licensor (to the extent such upgrades are not accompanied by a separate End User Licensing Agreement which preempts this Agreement). The Software is an application to estimate life-cycle greenhouse gas emissions associated with the construction of transportation projects. By downloading, installing, or otherwise using the Software, Licensee consents to be bound by the terms and conditions set forth in this Agreement. Licensee further agrees that Licensee’s rights as to the Software are limited to those expressly set forth herein, and that all other rights, express or implied, are reserved by the Licensor. If Licensee does not agree to these terms and conditions in full, then this Agreement does not take effect, there is no grant of license to use the Software and Licensee may not download the software. a. SCOPE OF THE LICENSE: By downloading the Software, Licensee accepts from Licensor a non-exclusive, non-transferable license to use the Software on a single computer or device that you control or own for non-commercial purposes. The Agreement specifically prohibits Licensee, from copying, making copies, transferring, distributing, making available over a network, renting, leasing, selling, lending, exporting, or sublicensing the Software. Licensee may not decompile, reverse engineer, disassemble, modify, attempt to determine the source code of, or create derivative works of the Software, except to the extent such activity is expressly permitted by applicable state law notwithstanding this restriction. b. INTELLECTUAL PROPERTY RIGHTS: Licensor retains all ownership rights in the Software and Licensee recognizes and agrees that it does not acquire by this Agreement any ownership rights, including copyright rights, in the Software. Further, Licensee recognizes and agrees that it will have no ownership rights, including copyright rights, in any of the modifications made to the Software by Licensee, or in the software as modified by Licensee, and that all such rights will belong exclusively to Licensor. Licensee agrees to execute any documents that Licensor may deem reasonably necessary to assign and transfer to Licensor all copyright rights and other proprietary rights in any of the modifications made to the Software by Licensee, or in the Software as modified by Licensee. Certain proprietary rights notices, including copyright notices, are affixed to the Software. Licensee shall not remove, alter, obliterate, or in any way change the form or placement of such notices. c. RESERVATION OF RIGHTS: All other rights, express or implied, including all intellectual property rights, belong exclusively to the Licensor. d. ATTRIBUTION: If Licensee uses Software to obtain a result, and that result is used in the public literature, the Licensee agrees to acknowledge its use of Software in an appropriate citation. The citation should include: (i) the name of the product (ii) the source (iii) the authorship; and (iv) an appropriate copyright notice as designated by Licensor. e. TERMINATION: This Agreement is effective unless terminated by either party. Failure to comply with the terms and conditions of this Agreement will result in automatic termination without notice of Licensee’s rights under this Agreement. Upon termination, Licensee will immediately cease to use all of the Software and will permanently remove and destroy all Software or variants thereof from any computer or device onto which Licensee may have downloaded it. f. DISCLAIMER OF WARRANTY: LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE IS UNDERTAKEN AT ITS SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT LIES WITH LICENSEE. LICENSEE FURTHER ACKNOWLEDGES AND AGREES THAT LICENSOR HAS MADE NO EXPRESSED OR IMPLIED WARRANTIES REGARDING THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ARE PROVIDCED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND LICENSOR HEREBY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, DUTIES, OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTIBILITY OR MERCHANTABLE QUALITY, OF TITLE, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSE, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, OF QUIET ENJOYMENT, AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE AND THE PROVISION OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF USE OF THE SOFTWARE. Licensor does not warrant against interference with Licensee’s enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the Software will meet Licensee’s requirements, that the operation of the Software or services will be uninterrupted or error-free, or that defects in the Software will be corrected. No oral or written information or advice given by Licensor or its authorized representative shall create a warranty. In the event that the Software should prove defective, Licensee assumes the entire cost of all necessary servicing, repair, or correction. g. LIMITATION OF LIABILITY: Notwithstanding any damages that Licensee might incur and to the maximum extent permitted by applicable law, in no event shall Licensor be liable for any personal injury, loss of use, interruption of business, or any direct, indirect, special, incidental, or consequential damages of any kind (including without limitation loss of profits, loss of confidential or other information, loss of privacy arising out of or in any way related to the use or inability to use the Software, or otherwise in connection with any provision of this Agreement) regardless of the cause of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if Licensor has been advised of the possibility of such damages and even if the remedy fails in its essential purpose. h. INDEMNIFICATION: Licensee indemnifies and holds Licensor harmless against all damages, liability, attorney fees, and costs in defending against third party claims or threat of claims against Licensor arising out of Licensee’s use of the Software. i. EXPORTATION & DISTRIBUTION: The United States Export Administration Regulations control the export of certain software products, which may or may not include the Software accompanying this Agreement. Such software products may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the United States embargoes goods. Furthermore, such software products may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. To the extent that this Software falls within the auspices of the United States Export Administration Regulations, the above restrictions and relevant federal laws apply. Licensee may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. By downloading, installing, or using the Software Licensee certifies that Licensee is not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that Licensee is not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. j. GOVERNING LAW: The laws of the State of New Jersey govern this license and Licensee’s use of the Software. Licensee’s use of the Software may also be subject to other local, state, federal or international laws.
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