Habanero Licensing

This document dated May 28, 1996

Introduction

The University of Illinois at Urbana-Champaign has made its software for the Habanero object framework by the National Center for Supercomputing Applications' Habanero project, and NCSA-developed representative demonstration applications, available free of charge for all collaborating groups, upon application. There will be components of the Habanero environment which are developed outside of NCSA. The source code for such material may or may not be available, at the copyright holder's option.

Use of the Habanero-related software, or derivative works based thereon, within a commercial product, for a commercial purpose, or a within a product distributed for any fee or handling charge REQUIRES LICENSING,which may include a fee payment. The University of Illinois will negotiate commercial-use licenses for Habanero upon request. These requests can be directed to the Principal Investigator, Larry S. Jackson. Additional explanatory material concerning licensing requirements is available on the Web page entitled Licensing Issues Concerning NCSA Habanero.

Applying

Individuals may apply in their own name. Applications from academic institutions must be initiated/countersigned by a Department Head (or higher). Applications by government agencies and commercial firms must be initiated/countersigned by someone at the Contracting Officer level (or higher).

The applicant can request the Habanero software by completing the form below. Use these guidelines for completion of the questions within the form:

1. Read the entire Web page entitled Licensing Issues Concerning NCSA Habanero and all of this form, especially if you anticipate use of Habanero within a commercial context. All parts of the information must be understood and agreed to as part of completing the form below. Completion of the form below is required before software access is granted. Pay particular attention to the authorized requester requirements above, and be sure that the form submission is authorized by the appropriately responsible person.
2. Fill in the information sections of the form in detail. As this release is for collaborating developers, your input is very important to the Habanero development team. It is important that the Habanero team understand the nature of your project to coordinate between related efforts, and to appraise the probable extent of user communities with certain additional software needs.
3. There will be a $50 non-refundable processing fee for each distribution of the software (source and byte-code) by diskette, including any updates, but no charge for electronic distribution of the software. This diskette fee must be received before a diskette request will be processed. Make checks payable to the "University of Illinois", and forward them to the contact address below, being careful to identify the original request with which this payment is to be associated.
4. As an alternative to electronic submission, this application can be submitted via hard copy or fax to the contact addresses listed below. Use a printed-out copy of this document as the hard-copy of the form to be completed. If you are unable to print out this form, you may request a hard-copy by mail to the contact addresses below. For physical forms, we must have a qualified signature that we can keep on file. You must send the original of the signed form to us via physical mail, or send a copy via faximile with the original to follow.

Your request will be reviewed by the Habanero development team. Applications will be answered as quickly as possible with preference to applications that are complete, accurate, and focused on research in extending the state of the art in distributed objects over the Internet. Please note that the present software is being released for collaborating developers only, subject to approval. A simultaneous, unrestricted general public release of the executable (byte-code) is currently in progress. If your request is approved, a password will be sent to the e-mail address you provide, or diskettes will be shipped (if you so request, as described above). Be certain to specify the preferred method of receiving the code, by diskette or by HTTP (Web) download.

UNIVERSITY OF ILLINOIS
NCSA (TM) Habanero (TM) SOFTWARE LICENSE AGREEMENT

Upon execution of this Agreement by the party identified below ("Licensee"), The Board of Trustees of the University of Illinois ("University"), on behalf of NCSA (TM), provides the NCSA Habanero (TM) software in Byte-code and/or Source Code form ("Software") to Licensee, subject to the following terms and conditions. For purposes of this Agreement, Byte-code is the compiled code, the output of a Java (TM) compiler, which is ready to run on Licensee's computer under a Java interpreter. Source code consists of a set of files which contain the actual program commands that are compiled to form the Byte-code.

1. The Software is intellectual property owned by the University, and all right, title and interest, including copyright, remain with the University. The University grants, and Licensee hereby accepts, a restricted, non-exclusive, non-transferable license to use the Software for academic, research and internal business purposes only, without a fee. Licensee agrees to reproduce the copyright notice and other proprietary markings on all copies of the Software. Licensee has no right to transfer or sublicense the Software to any unauthorized person or entity. However, Licensee does have the right to make complimentary works that interoperate with the Habanero framework, to freely distribute such complimentary works, and to direct others to the NCSA server to obtain copies of the Habanero framework itself. Due to contractual obligations between the University and third parties, the University can not grant any other party the right to establish its own server (mirror) and load the Software onto that server, and Licensee agrees not to establish a mirror site.

2. Licensee may, at its own expense, modify the Software to make derivative works, as necessary for its own academic, research, and internal business purposes. However, Licensee's distribution of any derivative work is also subject to the same restrictions on distribution and use limitations that are specified herein for the University's Software, and may not be distributed to third parties without an appropriate license from the University. Any derivative work should be clearly marked to notify users that it is a modified version and not the original Habanero distributed by the University.

3. THE UNIVERSITY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE FOR ANY PURPOSE. IT IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. THE UNIVERSITY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY THE USERS OF THIS SOFTWARE.

Licensee understands the Software is a research tool for which no warranties as to capabilities or accuracy are made, and Licensee accepts the Software "as is". Licensee assumes the entire risk as to the results and performance of the Software and/or associated materials. Licensee agrees that University shall not be held liable for any direct, indirect, consequential, or incidental damages with respect to any claim by Licensee or any third party on account of or arising from this Agreement or use of the Software and/or associated materials.

4. Licensee understands the Software is proprietary to the University. Licensee agrees to take all reasonable steps to insure that the Source Code is protected and secured from unauthorized disclosure, use, or release and will treat it with at least the same level of care as Licensee would use to protect and secure its own proprietary computer programs and/or information, but using no less than a reasonable standard of care. Licensee agrees to disclose the Software to any other person or entity with a need to know, on the terms and conditions as specified in this agreement. If Licensee becomes aware of any unauthorized licensing, copying or use of the Software, Licensee shall promptly notify the University in writing. Licensee expressly agrees to use the Software only in the manner and for the specific uses authorized in this Agreement.

5. By using or copying this Software, Licensee agrees to abide by the copyright law and all other applicable laws of the U.S. including, but not limited to, export control laws and the terms of this license. The University shall have the right to terminate this license immediately by written notice upon Licensee's breach of, or non-compliance with, any of its terms. Licensee may be held legally responsible for any copyright infringement that is caused or encouraged by its failure to abide by the terms of this license. Upon termination, Licensee agrees to destroy all copies of the Software in its possession and to verify such destruction in writing.

6. In all uses of the Software, where appropriate, Licensee will credit the origins of the Software to the National Center for Supercomputing Applications (NCSA) at the University of Illinois at Urbana-Champaign for its role in the development of the Software.

7. Should Licensee wish to make commercial use of the Software, Licensee will contact the University (via the Principal Investigator, above) to negotiate an appropriate license for such use. Commercial use includes (1) integration of all or part of the Software into a product for sale or license by or on behalf of Licensee to third parties, or (2) distribution of the Software to third parties that need it to utilize a commercial product sold or licensed by or on behalf of Licensee. For example:

(i) Any automatic assistance for downloading and/or installing the Software requires a commercial license. If the Licensee is providing a service that assists a user in transferring the Software to their machine or installs the Software on a user's machine, then a commercial license is required.

(ii) Distribution of the Software through such formats as diskette and CD-ROM requires a commercial license.

8. Government Rights. Any possession, use or sublicense of the Software by or to the United States government shall be subject to restrictions as set forth in subparagraph (c)(1)(ii) of Defense Federal Acquisition Regulations Supplement (DFARS) Section 252.227-7013 for Department of Defense contracts and as set forth in Federal Acquisition Regulations (FAR) Section 52.227-19 for civilian agency contracts or any successor regulations.

9. NCSA is strongly interested in receiving information related to the performance of the Software in user's computing environment, and encourages contributions from users of the code that might, at the University's sole discretion, be used or incorporated to make the Software a more stable, flexible, and/or useful product. Licensees that wish to contribute their code must sign an "Agreement Regarding Contributory Code for NCSA Software" before the University can accept it (contact License@habanero.ncsa.uiuc.edu for a copy).

UNDERSTOOD AND AGREED: LICENSEE

NCSA and Habanero are trademark, service mark owned by the Board of Trustees of the University of Illinois. Copyright, 1996-2001. All rights reserved. Java (TM) is a proprietary trademark owned by Sun Microsystems, Inc.

[ Download ] [ User Docs ] [ FAQs ] [ Home ] [ Dev API ] [ Tools ] [ License ]

Habanero^® is a registered trademark owned by The Board of Trustees of the University of Illinois. Copyright 1996-2001. All rights reserved.   Java^(TM) is a proprietary trademark owned by Sun Microsystems, Inc.