*** TERMS AND CONDITIONS *** PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING ANY RUMINT SOFTWARE or DATA FILES. 1. Grant: The author (Gregory Conti) hereby grants to you a irrevocable nonexclusive, nontransferable, perpetual, royalty-free and worldwide license (the "License") to use the binary version of the rumint program, version 1.72 (the "Software") solely for educational, research, personal, or evaluation purposes, in accordance with Paragraph 2 below and subject to the terms and conditions of this License Agreement (the "Agreement"). 2. 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. You may distribute and/or allow others to use the Software or only if each new user is bound by the provisions of this Agreement. 3. Copies: Please do not distribute copies of RUMINT, instead direct people to download their own copy from www.rumint.org. Exceptions to this may be permitted, but must be requested from the author via email conti@acm.org. 4. Ownership: The Software and the accompanying documentation are licensed, not sold, to you. The Software is a proprietary product of the author and is protected under U.S. copyright law and international treaty revisions. The author retains all rights not specifically granted to you hereunder, including ownership of the Software and all copyrights, trade secrets, or other intellectual property rights in the Software and any accompanying information. 5. Publication Credit: You agree to acknowledge the author with appropriate citations in any publication or presentation containing research results obtained in whole or in part through the use of the Software. 6. Term of License: The License is effective upon receipt by you of the Software and shall continue until terminated. The License will terminate immediately without notice by the author 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 the Software provided hereunder, and destroy the original and all copies of all such Software. All of your obligations under this Agreement shall survive the termination of the License. 7. Warranty: THE AUTHOR 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 AUTHOR IS NOT OBLIGATED TO SUPPORT OR ISSUE UPDATES TO THE SOFTWARE. 8. Limitation on Liability: This Software is provided free of charge and, accordingly, the author shall not be liable under any theory for any damages suffered by you or any user of the Software. UNDER NO CIRCUMSTANCES SHALL THE AUTHOR 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 THE AUTHOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY THIRD-PARTY CLAIMS. 9. Indemnification: You agree to hold harmless, indemnify, and defend the Author and rumint.org, 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. 10. Export Controls: 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. 11. Disputes/Arbitration: This Agreement shall be governed under the laws of the state of Georgia. Any dispute between the parties arising out of or relating to this Agreement will be submitted to binding arbitration in Atlanta, Georgia, 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. 12. Entire Agreement: This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and it shall not be modified or amended except by an instrument in writing signed by both parties hereto. ---------------------------------------------------------------------- The rumint program contained within is copyright (c) 2005 by Gregory J. Conti. All rights reserved.