LOS ALAMOS NATIONAL SECURITY, LLC NON-EXCLUSIVE, NON-COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT FOR SEQUEDEX DEMO CODE Los Alamos National Security, LLC (LANS) conducts research and development at Los Alamos National Laboratory (LANL) for the U.S. Government under Contract No. DE-AC52-06NA25396 with the National Nuclear Security Agency (NNSA) of the U.S. Department of Energy (DOE). PLEASE READ THE TERMS OF THE FOLLOWING LICENSE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THE SOFTWARE DISTRIBUTED WITH THIS AGREEMENT (THE "SOFTWARE"), YOU ARE CONFIRMING YOUR ACCEPTANCE OF THIS SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (THE "AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD AND INSTALL THE SOFTWARE. Software, as used herein, means the sequescan binary portion of the sequedex software package. 1. LICENSE GRANT This Software is for non-commercial use only and your rights in the Software are strictly limited to home, classroom, personal or recreational use only by you and not for the benefit of third parties. Subject to the terms of this Agreement, LANS grants you a non-exclusive, non-transferable license to use the Software distributed with this Agreement during the term of this Agreement on a single designated computer. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Your rights in the Software are limited to those expressly granted in this Section 1. Your rights in the Software do not cover any republication or distribution use without execution of a separate agreement with LANS allowing you to do so. All documentation and all releases, corrections, updates and enhancements provided hereunder shall be considered part of the "Software". You may not use the Software or files generated as a result of the use the Software, or any prints or screen outputs generated with the Software in any commercial or business environment or for any commercial or business purposes for yourself or any third parties. For the avoidance of doubt, this means that you may not obtain any payment or financial benefit from the use of the Software, including, without limitation, from commercializing any output, data, know-how, inventions or discoveries arising out of or relating to the use of the Software. In addition, you may not provide any service to a third party using the Software or any output therefrom. You acknowledge, on your behalf and on behalf of your assignees, licensees and transferees, that any such financial benefit arising out of any violation of the limitations provided for in this Paragraph 1 shall be forfeited for the benefit of LANS, including, assignment of any inventions arising out of or the subject of any unauthorized use. This license does not grant patent rights if they exist in the software. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF MEDICAL, POWER, CHEMICAL, NOR NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, OR TRAFFIC CONTROL MACHINES OR ANY OTHER SUCH ACTIVITY IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this license will terminate automatically without notice from LANS if you fail to comply with any term(s) of this license. 2. LICENSE RESTRICTIONS You shall not copy, reverse engineer, decompile, disassemble, translate, modify or make derivative works of the Software in whole or in part. Further, you shall not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Software or any part thereof or use it in any manner not expressly authorized by this Agreement. Any attempt to transfer any of the rights, duties or obligations hereunder except as expressly provided for in this Agreement is prohibited and will automatically terminate this Agreement. The Software may contain patented or additional copyrighted material of LANS, and you shall at all times take reasonable steps to protect the confidentiality of such information. You agree that you will not circumvent the time limitations built into the code and that you will only run the code on systems where the system clock is correct to within 24 hours. You agree that you will not include this software or the data included with it as part of entries for prizes or competitions. You agree that you will provide a timely report of the use of the Software, including any uses outside the scope of the license provided for in Paragraph 1. To the extent that the output of the Software forms the basis for patent filing, your shall notify LANS and, when published, provide a copy of any such patent filing. 3. PROPRIETARY RIGHTS (a) You are only licensing rights to use the Software for the purposes described in Section 1. The Software, in whole and in part and all copies thereof, are and will remain the sole and exclusive property of LANS. (b) You will not delete or in any manner alter the copyright, trademark, or other proprietary rights notices of LANS and its licensors, if any, appearing on or in the Software, file and screen outputs and prints generated with the Software as delivered to you. (c) LANS reserves it rights to claim ownership of any data, know-how, output or inventions arising out of the use of the Software. 4. LIMITED WARRANTY AND LIMITATION OF LIABILITY (a) This license and the Software are provided AS IS, WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. NEITHER LANS NOR THE U. S. GOVERNMENT MAKES ANY REPRESENTATION OR WARRANTY THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY COPYRIGHT, PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT WILL LANS OR THE U.S. GOVERNMENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM EXERCISE OF THIS LICENSE OR THE USE OF LICENSED SOFTWARE. (b) LICENSEE agrees to indemnify LANS and the U.S. Government and their officers, employees, assignees and agents, against all damages, costs, and expenses, including attorneys' fees, arising from use of Software by LICENSEE under this agreement. This indemnification includes, but is not limited to, product liability. (c) Third Party References and Material. References made either in the Software may include reference to products, services, trademarks or hyperlinks of third parties. No such reference(s) shall constitute or imply an endorsement or recommendation by LANS. LANS makes no guarantee or representation concerning the accuracy, currency, or quality of the content displayed using the Software. 5. GOVERNMENT RIGHTS This software resulted from work developed under a U.S. Government contract and is subject to the following license. The U.S. Government is granted for itself and others acting on its behalf a paid-up, non-exclusive, irrevocable worldwide license to reproduce, prepare derivative works, and perform publicly and display publicly the Software. 6. TRANSFER LICENSEE agrees it shall not distribute or transfer the Software to any other person or entity without prior written permission of LANS. 7. TERMINATION This demo contains a time limitation and will not run after June 30, 2013. There are no guarantees that future demo versions with extended time limitations will be produced. This Agreement will expire on a date five years from the date of installation of the Software. 8. GENERAL (a) Choice of Law. This agreement will be interpreted and construed in accordance with the laws of the State of New Mexico, excluding any choice of law rules that would direct the application of the laws of another jurisdiction. (b) Assignment. This License Agreement is personal to the Licensee. The Licensee may not assign or transfer this License Agreement, including by merger, operation of law, or otherwise, without the Licensor's prior written consent. This License Agreement is binding upon and will inure to the benefit of the Licensor, its successors and assigns. (c) Severability. If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and if not possible, severed, and the legality and enforceability of the other provisions of this Agreement will not be affected (d) Survival of Obligations. The provisions of Sections 3 (Proprietary Rights), 4 (Limitation of Liability), 5 (Government Rights), and 8 (General) will survive termination of this Agreement. (e) Entire Agreement. This license constitutes the entire agreement between you and LANS with respect to the use of the Software. 9. COPYRIGHT NOTICE AND LICENSE FILES This license file, the Sequedex copyright notice, and copies of the license files of the packages on which Sequedex depends are included with the package distribution in the licenses/ directory and must be kept. The names, license terms, and web sites of these dependencies are: commons-io Apache 2.0 http://commons.apache.org/io forester LGPL-3 http://code.google.com/p/forester ini4j Apache 2.0 http://ini4j.sourceforge.net jgoodies-common BSD http://www.jgoodies.com jgoodies-forms BSD http://www.jgoodies.com json-simple Apache 2.0 http://code.google.com/p/json-simple License4j License4j http://www.smardec.com/products/license4j.html logback EPL1.0/LGPL-2.1 http://logback.qos.ch slf4j MIT http://www.slf4j.org sqlite-jdbc Apache 2.0 http://code.google.com/p/sqlite-jdbc