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<html><head><title>ELCIRC</title></head><body lang=EN-US style='tab-interval:.5in'><div class=Section1><p align=center style='text-align:center'>ELCIRC</p><p align=center style='text-align:center'>END USER LICENSE AGREEMENT</p><p></p><p>Please read this license agreement carefully before usingthe ELCIRC software. By clicking on the"I ACCEPT" button below, you agree to be bound by the terms andconditions of this license. If you donot agree to the terms and conditions of this license, then you may not use thesoftware.</p><p></p><p>1. <u>LicensedSoftware:</u> The Software covered bythis agreement (the "Software") is ELCIRC, version 5.01. ELCIRC is a finite-volume/finite-differencecomputer model for numerical simulation of hydrodynamics in open channels,developed by the Center for Coastal and Land-Margin Research("CCALMR") of the Oregon Health & Science University("OHSU"). The licensedSoftware includes source code, compiled object code and accompanying documentation.The Software may include third-partysoftware, identified in the source code and documentation. </p><p></p><p>2. <u>Grant:</u>< OHSU hereby grants to you an irrevocable,nonexclusive, nontransferable, perpetual, royalty-free and worldwide license(the "License") to use the Software for any purpose and to createderivative works employing the Software, subject to the terms and conditions ofthis License Agreement (the "Agreement").</p><p></p><p>3. <u>Limitation onDistribution:</u> You may notdistribute and/or allow others to use the Software.</p><p></p><p>4. <u>Copies:</u><span style="mso-spacerun: yes"> You may copy the Software only as reasonablynecessary for your licensed use. Youagree to reproduce OHSU's copyright notice on all copies of OHSU copyrightedmaterial. You also agree to reproduce any copyright and related noticesassociated with any third-party software included in the Software.</p><p></p><p>5. <u>Ownership:</u><span style="mso-spacerun: yes"> The Software is licensed, not sold, toyou. OHSU retains all rights notspecifically granted to you hereunder, including ownership of all OHSUcopyrights, trade secrets or other intellectual property rights in the Softwareand any accompanying information. OHSU asserts no ownership rights in anythird-party software included in the Software.</p><p></p><p>All right, title and interest in and to any originalmaterial you contribute in derivative works employing OHSU copyrighted materialshall remain with you, and you shall have the sole right to determine thedisposition of any such original material, except as limited by provisions ofthis Agreement. The copyright in youroriginal material is independent of, and does not affect, any copyrightprotection in the OHSU copyrighted material. You agree to provide to OHSU, uponOHSU's request, the source code for any modifications or enhancements youintroduce to the Software. OHSU shall have the right to use such modificationsand enhancements for any purpose, including, at it's sole discretion, todistribute them in any future release of the Software.</p><p></p><p>6. <u>PublicationCredit:</u> You agree to acknowledgeOHSU's Center for Coastal and Land-Margin Research (CCALMR) with appropriatecitations in any publication or presentation, including the World Wide Web,containing research results obtained in whole or in part through the use of theSoftware. </p><p></p><p>7. <u>Term ofLicense:</u> The License is effectiveupon receipt by you of the Software and shall continue until terminated.<span style="mso-spacerun: yes"> The License will terminate immediatelywithout notice by OHSU if you fail to comply with the terms and conditions ofthis Agreement. Upon termination ofthis License, you shall immediately discontinue all use of the Softwareprovided hereunder, and return to OHSU or destroy the original and all copiesof all such Software. All of yourobligations under this Agreement shall survive the termination of the License.</p><p></p><p>8. <u>Warranty:</u><span style="mso-spacerun: yes"> OHSU makes no representations about thesuitability, use or performance of this Software or about any content orinformation made accessible by the Software, for any purpose.<span style="mso-spacerun: yes"> The Software is provided "as is,"without express or implied warranties including, but not limited to, anyimplied warranties of merchantability, fitness for a particular purpose, ornoninfringement with respect to the software. OHSU is not obligated to support or issue updates to the Software.</p><p></p><p>9. <u>Limitation onLiability:</u> OHSU shall not be liableunder any theory for any damages suffered by you or any other user of theSoftware. Under no circumstances shallOHSU be liable to you or any other person for any direct, indirect, special,incidental or consequential damages of any character including, withoutlimitation, damages for loss of goodwill, work stoppage, computer failure ormalfunction, or any and all other economic loss or commercial damages arisingout of the use of or inability to use this Software, even if OHSU shall have beeninformed of the possibility of such damages, or for any third-party claims.</p><p></p><p>10. <u>Indemnification:</u><span style="mso-spacerun: yes"> By clicking on the "I ACCEPT"button below, you agree, subject to the limitations of the Oregon Tort ClaimsAct (ORS 30.260, et seq.), to hold harmless, indemnify and defend OHSU againstany liability for damage to persons or property arising out of the negligent orwrongful acts of you or your agents or employees.</p><p></p><p>11. <u>U.S.Government Restricted Rights:</u> Use,duplication or disclosure by the Government is subject to restrictions setforth as subparagraphs (a) through (d) of the Commercial Computer--RestrictedRights clause at FAR 52.227-19, when applicable, or in subparagraph (c)(1)(ii)of the Rights in Technical Data and Computer Software clause at DFARS252.227-7013, and in similar clauses in the NASA FAR Supplement.<span style="mso-spacerun: yes"> Contractor/Manufacturer is the Center forCoastal and Land-Margin Research, Oregon Health & Science University, 20000NW Walker Road, Beaverton, Oregon 97006.</p><p></p><p>12. <u>ExportControls:</u> By clicking on the"I ACCEPT" button below, you agree that the Software will not beshipped, transferred or exported into any country or used in any mannerprohibited by the United States Export Administration Act or any other exportlaws, restrictions or regulations.</p><p></p><p>13. <u>Disputes/Arbitration:</u><span style="mso-spacerun: yes"> This Agreement shall be governed under thelaws of the state of Oregon. Anydispute between the parties arising out of or relating to this Agreement willbe submitted to binding arbitration in Portland, Oregon, pursuant to theCommercial Arbitration Rules of the American Arbitration Association, andjudgment on the award may be entered in any court of competent jurisdiction;provided, however, that either party may seek preliminary injunctive or otherequitable relief pending arbitration to prevent irreparable harm.<span style="mso-spacerun: yes"> The prevailing party in any arbitration orlitigation shall be entitled to recover all reasonable expenses thereof,including attorney's fees in connection with such proceedings or any appealthereof.</p><p></p><p>14. <u>EntireAgreement:</u> This Agreement containsthe entire agreement between the parties with respect to the subject matterhereof, and it shall not be modified or amended except by an instrument inwriting signed by both parties hereto.</p><p></p><p>BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, YOUARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUSTCLICK THE "I DO NOT ACCEPT" BUTTON AND YOU MAY NOT USE THE SOFTWARE.</p></div><div class=Section2><p></p><p> I have read theforegoing Agreement and agree to be bound by all of its terms andconditions. I wish to use a copy of theSoftware.</p><p></p><p><a href="elcirc5-01-01c.tar.gz">["I ACCEPT"]</a></p><p></p><p>I do not agreeto all of the terms and conditions contained in this Agreement, and therefore Ido not wish to obtain this Software.</p><p></p><p>["<a href="http://www.hampsterdance2.com/hampsterdanceredux.html">I DO NOT ACCEPT"]</a></p><p></p><p> </p></div></body></html>?? 快捷鍵說明
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