ReBEL Toolkit License


The ReBEL Toolkit is available free for academic use only (see license
below) and can be obtained by contacting rvdmerwe@ece.ogi.edu.
Businesses wishing to obtain a copy of the software should contact
ericwan@ece.ogi.edu for commercial licensing information. 

Academic License Terms 

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE REQUESTING AND
USING ANY OF THE SOFTWARE CONTAINED IN THE ReBEL TOOLKIT.

1.  Provider: ReBEL is owned by the OGI School of Science and
    Engineering at OHSU. 
2.  Grant: The Provider hereby grants to you a revocable,
    nonexclusive, nontransferable, royalty-free and worldwide license (the
    "License") to use ReBEL solely for educational, research, or
    evaluation purposes, in accordance with Paragraph 3 below and subject
    to the terms and  
    conditions of this License Agreement (the "Agreement"). 
3.  Limitations on Use: The License is limited to noncommercial use. 
    Noncommercial use relates only to educational, research, personal or 
    evaluation purposes. Any other use is commercial use. You may not use 
    the Software in connection with any business activities. This license 
    prohibits any reverse engineering of the Software, except where source 
    code is given.
4.  Copies: You may copy Provider copyrighted material only as reasonably 
    necessary for your licensed use. You agree to reproduce the Provider's 
    copyright notice on all copies of the Provider copyrighted material.
5.  Ownership: ReBEL and the accompanying documentation are licensed, not 
    sold, to you. ReBEL is a proprietary product of the Provider and
    is protected under U.S. copyright law and international treaty
    revisions. The Provider retains all rights not specifically granted to
    you hereunder, including ownership of ReBEL and all copyrights, trade
    secrets, or other intellectual property rights in ReBEL and any
    accompanying information. 
6.  Publication Credit: You agree to acknowledge OGI and the authors 
    Rudolph van der Merwe and Eric A. Wan with appropriate citations in 
    any publication or presentation containing research results
    obtained in whole or in part through the use of ReBEL. 
7.  Term of License: The License is effective upon receipt by you of
    the ReBEL toolkit and shall continue until terminated. The License
    will terminate immediately without notice by the Provider if you fail
    to comply with the terms and conditions of this Agreement. Upon
    termination of this License, you shall immediately discontinue all use
    of ReBEL provided hereunder, and return to the Provider or destroy the
    original and all copies of all such Software. All of your obligations
    under this Agreement shall survive the termination of the License. 
8.  Warranty: THE PROVIDER MAKES NO REPRESENTATIONS ABOUT THE
    SUITABILITY, USE, OR PERFORMANCE OF THIS SOFTWARE OR ABOUT ANY CONTENT
    OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE
    SOFTWARE IS PROVIDED "AS IS," WITHOUT EXPRESS OR IMPLIED WARRANTIES
    INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
    MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT
    WITH RESPECT TO THE SOFTWARE. THE PROVIDER IS NOT OBLIGATED TO SUPPORT
    OR ISSUE UPDATES TO THE SOFTWARE. 
9.  Limitation on Liability: ReBEL is provided free of charge and,
    accordingly, the Provider shall not be liable under any theory for any
    damages suffered by you or any user of the Software. UNDER NO
    CIRCUMSTANCES SHALL PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR
    ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
    ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
    GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
    ALL OTHER ECONOMIC LOSS OR COMMERCIAL DAMAGES ARISING OUT OF THE USE
    OR INABILITY TO USE THIS SOFTWARE, EVEN IF PROVIDER SHALL HAVE BEEN
    INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY THIRD-PARTY
    CLAIMS. 
10. Indemnification: By downloading the ReBEL software distribution
    from the ReBEL website, you agree to hold harmless, indemnify, and
    defend the Provider, its Trustees, officers, employees, and agents
    from and against any loss, damage, liability, claim of loss, lawsuit,
    cause of action, or other claim asserted against them or any of them
    arising out of, or in any way connected with, your performance of any
    activity hereunder. 
11. U.S. Government Restricted Rights: Use, duplication or disclosure
    by the Government is subject to restrictions set forth as
    subparagraphs (a) through (d) of the Commercial Computer--Restricted
    Rights 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 DFARS 252.227-7013, and in similar clauses in the NASA FAR 
    Supplement. Contractor/Manufacturer is the OGI School of Science &
    Engineering at the Oregon Health & Science University, 20000 NW Walker
    Road, Beaverton, OR, 97006.
12. Export Controls: By downloading the ReBEL software distribution
    from the ReBEL website, you agree that the Software will not be
    shipped, transferred, or exported into any country or used in any
    manner prohibited by the United States Export Administration Act or
    any other export laws, restrictions, or regulations. 
13. Disputes/Arbitration: This Agreement shall be governed under the
    laws of the state of Oregon. Any dispute between the parties arising
    out of or relating to this Agreement will be submitted to binding
    arbitration in Portland, Oregon, pursuant to the Commercial
    Arbitration Rules of the American Arbitration Association, and
    judgment on the award may be entered in any court of competent
    jurisdiction; provided, however, that either party may seek
    preliminary injunctive or other equitable relief pending arbitration
    to prevent irreparable harm. The prevailing party in any arbitration
    or litigation shall be entitled to recover all reasonable expenses
    thereof, including attorney's fees in connection with such proceedings
    or any appeal thereof. 


Document updated : June 4th, 2002