SQUARE Instructional Materials Download

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SQUARE
LICENSE AGREEMENT
EDUCATIONAL AND TRAINING USE ONLY

BY USING THE SQUARE MATERIALS, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SQUARE MATERIALS.

This is a license agreement ("Agreement") between your organization or self (called "Licensee" or "you" in this Agreement) and Carnegie Mellon University (called "Licensor" or "Carnegie Mellon" in this Agreement). All rights not specifically granted to you in this Agreement are reserved to Licensor.

RESERVATION OF OWNERSHIP AND GRANT OF LICENSE: Licensor retains exclusive ownership of the SQUARE course materials made available through this site ("SQUARE MATERIALS") and hereby grants to Licensee a non-exclusive license to use the SQUARE MATERIALS for educational and teaching purposes pursuant to the terms and conditions of this Agreement. Under this license, you may reproduce, make derivative works of, and distribute the SQUARE MATERIALS and derivative works provided that you include the following acknowledgments and attributions to Carnegie Mellon University and the Software Engineering Institute at the beginning of each such copy and derivative work:

Special permission to use SQUARE course materials (copyright 2007 Carnegie Mellon University) in [INSERT YOUR NAME/NAME OF YOUR ORGANIZATION's WORK] is granted by the Software Engineering Institute at Carnegie Mellon University.

Neither Carnegie Mellon nor its Software Engineering Institute directly or indirectly endorse [INSERT YOUR NAME/NAME OF YOUR ORGANIZATION]'s work.

You may not otherwise use the name and/or trademarks of Carnegie Mellon and/or the Software Engineering Institute, nor may you otherwise reference any of their products or services unless specifically authorized in writing by Carnegie Mellon.

COPYRIGHT: The SQUARE MATERIALS are owned by Licensor and are protected by United States copyright laws and applicable international treaties and/or conventions.

FEEDBACK: You are not obligated to provide any feedback to Licensor regarding the SQUARE MATERIALS. However, you understand and agree that if you decide to do so, Licensor is not obligated to implement any suggestions and/or feedback you might provide regarding SQUARE, but to the extent Licensor does so, you are not entitled to any compensation related thereto.

GOVERNMENT RIGHTS: The creation of the SQUARE MATERIALS was done in the performance of Federal Government Contract Number F19628-00-C-0003 with Carnegie Mellon for the operation of the Software Engineering Institute, a federally-funded research and development center. The Government of the United States of America has a royalty-free government-purpose license to use, duplicate, or disclose the SQUARE MATERIALS, in whole or in part and in any manner, and to have or permit others to do so, for government purposes pursuant to the copyright license under the clause 52.227-7013.

ASSIGNMENT: You may not assign this Agreement or your rights hereunder without the prior written consent of Licensor. Any attempted assignment without such consent shall be null and void.

TERM: The term of the license granted by this Agreement is from Licensee's acceptance of this Agreement by using the SQUARE materials until terminated as provided below. The Agreement automatically terminates without notice if you fail to comply with any provision of this Agreement. Without limiting the generality of the foregoing, in the event you fail to comply with any provision of this Agreement, Licensor may also affirm termination by notice to you. Licensee may terminate this Agreement by ceasing using the SQUARE MATERIALS. Upon any termination of this Agreement, Licensee will immediately cease using any and all copies of the SQUARE MATERIALS and/or any derivatives created therefrom, although any third parties to whom Licensee has passed such materials prior to the date of termination may continue to use such materials.

FEE: Provided Licensee abides completely by the terms and conditions of this Agreement, there is no fee due to Carnegie Mellon for Licensee's use of the SQUARE MATERIALS in accordance with this Agreement.

DISCLAIMER OF WARRANTIES: THE SQUARE MATERIALS ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ANY WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR OF NON-INFRINGEMENT. LICENSEE BEARS ALL RISK RELATING TO QUALITY AND USE OF THE SQUARE MATERIALS.

SUPPORT AND MAINTENANCE: No support or training by the Licensor is provided as part of this Agreement.

EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY: To the maximum extent permitted under applicable law, Licensor shall not be liable for direct, indirect, special, incidental, or consequential damages or lost profits related to Licensee's use of and/or inability to use the SQUARE MATERIALS, even if Licensor is advised of the possibility of such damage.

EXPORT REGULATION: Licensee agrees to comply with any and all applicable U.S. export control laws, regulations, and/or other laws related to embargoes and sanction programs administered by the Office of Foreign Assets Control.

SEVERABILITY: If any provision(s) of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

NO IMPLIED WAIVERS: No failure or delay by Licensor in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by Licensor.

GOVERNING LAW: This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without reference to conflict of laws principles. The parties hereby consent to the personal jurisdiction of the courts of Allegheny County, Pennsylvania and waive their rights to venue outside of this County.

ENTIRE AGREEMENT AND AMENDMENTS: This Agreement constitutes the sole and entire agreement of the parties as to the matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating hereto.

BY CLICKING THE BUTTON BELOW AND BY USING THE SQUARE MATERIALS, YOU ARE AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SQUARE MATERIALS.