THE PENNSYLVANIA STATE UNIVERSITY RESEARCH AND EDUCATIONAL USE LICENSE

BE ADVISED: This Agreement is a legal agreement between "LICENSEE" (defined below) and The Pennsylvania State University, a non-profit corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania ("UNIVERSITY"). By installing, downloading, accessing or otherwise using the SOFTWARE (defined below), LICENSEE agrees to be bound by the terms of this Agreement. If LICENSEE does not agree with the terms of this Agreement, do not install, access, or use the SOFTWARE.

WHEREAS, Dr. Patrick Reed and Dr. David Hadka, employees of The Pennsylvania State University, have created and developed certain computer software entitled "BORG: Many-Objective Evolutionary Computing Framework" (the "SOFTWARE");

WHEREAS, patent protection for the SOFTWARE is being pursued by the UNIVERSITY including, but not limited to, United States patent 8,856,054;

WHEREAS, the UNIVERSITY is dedicated to fostering and advancing scientific research, this SOFTWARE is made available to the noncommercial research and educational community as a public service by the UNIVERSITY. [Please contact the UNIVERSITY Office of Technology Management for information on other licensing arrangements (i.e. proprietary commercial applications)].

WHEREAS, the UNIVERSITY is the owner of and has the right to license the SOFTWARE and the associated patent rights;

NOW THEREFORE, in consideration of the premises as well as the mutual promises and covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

1. Definitions

"LICENSEE" shall mean the person installing the SOFTWARE if it is solely for personal use by that person on the personal equipment of that person. If the SOFTWARE is being installed on equipment for use by another legal entity, such as a corporation, limited liability company, partnership, or institution, then the person installing the SOFTWARE by proceeding with the installation certifies that he or she has authority to bind that legal entity to this Agreement; and that legal entity shall be considered to be the LICENSEE.

2. Grant and Obligations

Under this License Agreement, LICENSEE is granted nonexclusive and royalty-free rights to practice any patent rights associated with the SOFTWARE, and the SOFTWARE may be used as-is or may be modified, provided that your practice or use is solely for noncommercial, research and education purposes. You may not distribute the original version or modifications of the SOFTWARE for any purpose. Both the original version and modified versions of the SOFTWARE may be copied and performed provided that the following terms and conditions are met:

2.1 LICENSEE is affiliated with a nonprofit, noncommercial research and educational institution and shall identify the name of the institution and the names(s) of the users of the SOFTWARE to UNIVERSITY via Patrick Reed at the time that LICENSEE acquires this license.

2.2 Modified versions of the SOFTWARE must clearly state that the work is a modification of the SOFTWARE and must prominently display the full SOFTWARE title and appropriate copyright notices. Copyright management information (software identifier and version number, copyright notice and license) shall be retained in all versions of the SOFTWARE.

2.3 If modified, the source code, documentation, and user run-time elements of the SOFTWARE should be clearly labeled by identifying the name of the person(s) and/or organization making the modifications, the date of modification, and a written description of the modifications.

2.4 The UNIVERSITY may make modifications to the SOFTWARE that are substantially similar to modified versions of the SOFTWARE created by others, and may make, use, sell, copy, distribute, publicly display, and perform such modifications, including making such modifications available under this or other licenses, without obligation or restriction.

2.5 Neither the name nor any of the logos of the UNIVERSITY may be used in advertising or publicity pertaining to the use or modification of the SOFTWARE without the specific, prior written permission of an authorized representative of the UNIVERSITY.

2.6 Any publications, reports, course lectures, and/or presentations that employ the SOFTWARE or its derivatives will acknowledge the use of the SOFTWARE or of any of its derivatives by citing the SOFTWARE developed by Dr. Reed and Dr. Hadka.

3. Disclaimer of Warranty

THIS SOFTWARE IS MADE AVAILABLE "AS-IS." THE PENNSYLVANIA STATE UNIVERSITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS SOFTWARE, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NONINFRINGEMENT AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL THE PENNSYLVANIA STATE UNIVERSITY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF THE SOFTWARE INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION FOR CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY.