UT TACC Research License (Source Code)
The Texas Advanced Computing Center of The University of Texas at
Austin has developed certain software and documentation that it
desires to make available without charge to anyone for academic,
research, experimental or personal use. This license is designed to
guarantee freedom to use the software for these purposes.  If you wish
to distribute or make other use of the software, you may purchase a
license to do so from the University of Texas.  

The accompanying source code is made available to you under the terms
of this UT TACC Research License (this "UTTRL").  By clicking the
"ACCEPT" button, or by installing or using the code, you are
consenting to be bound by this UTTRL.  If you do not agree to the
terms and conditions of this license, do not click the "ACCEPT"
button, and do not install or use any part of the code.   

The terms and conditions in this UTTRL not only apply to the source
code made available by UT TACC, but also to any improvements to, or
derivative works of, that source code made by you and to any object
code compiled from such source code, improvements or derivative works.

1. DEFINITIONS. 
1.1
 "Commercial Use" shall mean use of Software or Documentation by
 Licensee for direct or indirect financial, commercial or strategic
 gain or advantage, including without limitation: (a) bundling or
 integrating the Software with any hardware product or another
 software product for transfer, sale or license to a third party (even
 if distributing the Software on separate media and not charging for
 the Software); (b) providing customers with a link to the Software or
 a copy of the Software for use with hardware or another software
 product purchased by that customer; or (c) use in connection with the
 performance of services for which Licensee is compensated.

1.2 "Derivative Products" means any improvements to, or other
  derivative works of, the Software made by Licensee.

1.3 "Documentation" shall mean all manuals, user documentation, and
  other related materials pertaining to the Software that are made
  available to Licensee in connection with the Software.

1.4 "Licensor" shall mean The University of Texas.

1.5 "Licensee" shall mean the person or entity that has agreed to the
  terms hereof and is exercising rights granted hereunder.

1.6 "Software" shall mean the computer program(s) referred to as GotoBLAS2
  made available under this UTTRL in source code form, including
  any error corrections, bug fixes, patches, updates or other
  modifications that Licensor may in its sole discretion make
  available to Licensee from time to time, and any object code
  compiled from such source code.

2. GRANT OF RIGHTS. 
Subject to the terms and conditions hereunder, Licensor hereby grants
to Licensee a worldwide, non-transferable, non-exclusive license to
(a) install, use and reproduce the Software for academic, research,
experimental and personal use (but specifically excluding Commercial
Use); (b) use and modify the Software to create Derivative Products,
subject to Section 3.2; and (c) use the Documentation, if any, solely
in connection with Licensee's authorized use of the Software.

3. RESTRICTIONS; COVENANTS. 

3.1 Licensee may not: (a) distribute, sub-license or otherwise
  transfer copies or rights to the Software (or any portion thereof)
  or the Documentation; (b) use the Software (or any portion thereof)
  or Documentation for Commercial Use, or for any other use except as
  described in Section 2; (c) copy the Software or Documentation other
  than for archival and backup purposes; or (d) remove any product
  identification, copyright, proprietary notices or labels from the
  Software and Documentation.  This UTTRL confers no rights upon
  Licensee except those expressly granted herein.

3.2 Licensee hereby agrees that it will provide a copy of all
  Derivative Products to Licensor and that its use of the Derivative
  Products will be subject to all of the same terms, conditions,
  restrictions and limitations on use imposed on the Software under
  this UTTRL. Licensee hereby grants Licensor a worldwide,
  non-exclusive, royalty-free license to reproduce, prepare derivative
  works of, publicly display, publicly perform, sublicense and
  distribute Derivative Products. Licensee also hereby grants Licensor
  a worldwide, non-exclusive, royalty-free patent license to make,
  have made, use, offer to sell, sell, import and otherwise transfer
  the Derivative Products under those patent claims licensable by
  Licensee that are necessarily infringed by the Derivative Products.

 4. PROTECTION OF SOFTWARE. 

4.1 Confidentiality. The Software and Documentation are the
  confidential and proprietary information of Licensor.  Licensee
  agrees to take adequate steps to protect the Software and
  Documentation from unauthorized disclosure or use.  Licensee agrees
  that it will not disclose the Software or Documentation to any third
  party.

4.2 Proprietary Notices. Licensee shall maintain and place on any copy
  of Software or Documentation that it reproduces for internal use all
  notices as are authorized and/or required hereunder. Licensee shall
  include a copy of this UTTRL and the following notice, on each copy
  of the Software and Documentation. Such license and notice shall be
  embedded in each copy of the Software, in the video screen display,
  on the physical medium embodying the Software copy and on any
  Documentation:

Copyright c The University of Texas, 2009. All rights reserved.
UNIVERSITY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THIS
SOFTWARE AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT
AND WARRANTIES OF PERFORMANCE, AND ANY WARRANTY THAT MIGHT OTHERWISE
ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS EITHER
EXPRESS OR IMPLIED WITH RESPECT TO THE USE OF THE SOFTWARE OR
DOCUMENTATION. Under no circumstances shall University be liable for
incidental, special, indirect, direct or consequential damages or loss
of profits, interruption of business, or related expenses which may
arise from use of Software or Documentation, including but not limited
to those resulting from defects in Software and/or Documentation, or
loss or inaccuracy of data of any kind.


5. WARRANTIES.

5.1 Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE
  LAW, THE SOFTWARE AND DOCUMENTATION ARE BEING PROVIDED ON AN "AS IS"
  BASIS WITHOUT ANY WARRANTIES OF ANY KIND RESPECTING THE SOFTWARE OR
  DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
  TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR
  PURPOSE, OR NON-INFRINGEMENT.

5.2 Limitation of Liability. UNDER NO CIRCUMSTANCES UNLESS REQUIRED BY
  APPLICABLE LAW SHALL LICENSOR BE LIABLE FOR INCIDENTAL, SPECIAL,
  INDIRECT, DIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS,
  INTERRUPTION OF BUSINESS, OR RELATED EXPENSES WHICH MAY ARISE AS A
  RESULT OF THIS LICENSE OR OUT OF THE USE OR ATTEMPT OF USE OF
  SOFTWARE OR DOCUMENTATION INCLUDING BUT NOT LIMITED TO THOSE
  RESULTING FROM DEFECTS IN SOFTWARE AND/OR DOCUMENTATION, OR LOSS OR
  INACCURACY OF DATA OF ANY KIND. THE FOREGOING EXCLUSIONS AND
  LIMITATIONS WILL APPLY TO ALL CLAIMS AND ACTIONS OF ANY KIND,
  WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION,
  NEGLIGENCE), OR ANY OTHER GROUNDS.

6. INDEMNIFICATION. 
Licensee shall indemnify, defend and hold harmless Licensor, the
University of Texas System, their Regents, and their officers, agents
and employees from and against any claims, demands, or causes of
action whatsoever caused by, or arising out of, or resulting from, the
exercise or practice of the license granted hereunder by Licensee, its
officers, employees, agents or representatives.

7.  TERMINATION.  
If Licensee breaches this UTTRL, Licensee's right to use the Software
and Documentation will terminate immediately without notice, but all
provisions of this UTTRL except Section 2 will survive termination and
continue in effect.  Upon termination, Licensee must destroy all
copies of the Software and Documentation.

8.  GOVERNING LAW; JURISDICTION AND VENUE. 
The validity, interpretation, construction and performance of this
UTTRL shall be governed by the laws of the State of Texas. The Texas
state courts of Travis County, Texas (or, if there is exclusive
federal jurisdiction, the United States District Court for the Central
District of Texas) shall have exclusive jurisdiction and venue over
any dispute arising out of this UTTRL, and Licensee consents to the
jurisdiction of such courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods is
expressly excluded.

9.  EXPORT CONTROLS.  
This license is subject to all applicable export restrictions.
Licensee must comply with all export and import laws and restrictions
and regulations of any United States or foreign agency or authority
relating to the Software and its use.

10.  U.S. GOVERNMENT END-USERS.  
The Software is a "commercial item," as that term is defined in 48
C.F.R. 2.101, consisting of "commercial computer software" and
"commercial computer software documentation," as such terms are used
in 48 C.F.R. 12.212 (Sept.  1995) and 48 C.F.R. 227.7202 (June
1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June
1998) and 48 C.F.R.  227.7202, all U.S. Government End Users acquire
the Software with only those rights as set forth herein.

11. MISCELLANEOUS 
If any provision hereof shall be held illegal, invalid or
unenforceable, in whole or in part, such provision shall be modified
to the minimum extent necessary to make it legal, valid and
enforceable, and the legality, validity and enforceability of all
other provisions of this UTTRL shall not be affected thereby. Licensee
may not assign this UTTRL in whole or in part, without Licensor's
prior written consent. Any attempt to assign this UTTRL without such
consent will be null and void. This UTTRL is the complete and
exclusive statement between Licensee and Licensor relating to the
subject matter hereof and supersedes all prior oral and written and
all contemporaneous oral negotiations, commitments and understandings
of the parties, if any. Any waiver by either party of any default or
breach hereunder shall not constitute a waiver of any provision of
this UTTRL or of any subsequent default or breach of the same or a
different kind.

END OF LICENSE
