ACADEMIC RESEARCH SOURCE CODE LICENSE AGREEMENT
FOR INTERNAL USE ONLY

Software: MPH: A Library for Distributed Multi-Component Environment (LBNL Ref. CR-1954)
Version: 4.1	

IMPORTANT - READ CAREFULLY:  THIS LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT
BETWEEN YOU (IN YOUR CAPACITY AS AN INDIVIDUAL AND AS AN AGENT FOR YOUR COMPANY,
INSTITUTION OR OTHER ENTITY) AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, DEPARTMENT
OF ENERGY CONTRACT-OPERATORS OF THE ERNEST ORLANDO LAWRENCE BERKELEY NATIONAL LABORATORY
("BERKELEY LAB").  

DOWNLOADING, INSTALLING, USING, OR COPYING OF THE SOFTWARE (AS DEFINED BELOW) BY YOU OR
BY A THIRD PARTY ON YOUR BEHALF INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT
DOWNLOAD, INSTALL OR USE THE SOFTWARE.

1.	RIGHT TO USE.  Subject to receipt by Berkeley Lab of any required U.S.
Department of Energy approvals, Berkeley Lab hereby grants you, and you hereby accept,
the non-exclusive, royalty-free right to install, compile, use, and copy the Software,
and prepare derivative works thereof, subject to the following terms and conditions:

(a)	You will only use the Software for your own internal non-commercial research or
academic use;

(b)	You may distribute either the Software, or derivative works thereof, for
non-commercial use only and only as incorporated into another software product.  You
will not distribute the Software in unmodified form as a stand-alone application or as
bundled with other software, nor will you distribute either the Software or a derivative
work thereof for any commercial purpose without the express prior written consent of
Berkeley Lab; and

(c)	Except as specifically provided for in this Agreement, you will not rent, lease,
loan, distribute, sell, or otherwise transfer the Software to any third party.

2.	COPYRIGHT; RETENTION OF RIGHTS.  The above license grant is conditioned on the
following: (i) you must reproduce all copyright notices and other proprietary notices onany copies of the Software and you must not remove such notices; (ii) in the event you
compile the Software, you will include the copyright notice with the binary in such a
manner as to allow it to be easily viewable; (iii) if you incorporate the Software into
other code, you must provide notice that the code contains the Software and include a
copy of the copyright notices and other proprietary notices.  All copies of the Software
shall be subject to the terms of this Agreement.  Subject to approval by the U.S.
Department of Energy: (a) you hereby acknowledge that the Software is protected by
United States copyright law and international treaty provisions; (b) Berkeley Lab, and
its licensors (if any), hereby reserve all rights in the Software which are not
explicitly granted to you herein; (c) without limiting the generality of the foregoing,
Berkeley Lab and its licensors retain all title, copyright, and other proprietary
interests in the Software and any copies thereof, and you do not acquire any rights,
express or implied, in the Software, other than those specifically set forth in this
Agreement.

3.	NO MAINTENANCE OR SUPPORT; TREATMENT OF ENHANCEMENTS YOU CHOOSE TO PROVIDE TO
BERKELEY LAB.  Berkeley Lab is under no obligation whatsoever to: (i) provide
maintenance or support for the Software; or (ii) to notify you of bug fixes, patches,
or upgrades to the features, functionality or performance of the Software
("Enhancements") (if any), whether developed by Berkeley Lab or third parties.  If, in
its sole discretion, Berkeley Lab makes an Enhancement available to you and Berkeley Lab
does not separately enter into a written license agreement with you relating to such bug
fix, patch or upgrade, then it shall be deemed incorporated into the Software and
subject to this Agreement.  

You are under no obligation whatsoever to provide any Enhancements to Berkeley Lab or
the public that you may develop over time; however, if you choose to provide your
Enhancements to Berkeley Lab, or if you choose to otherwise publish or distribute your
Enhancements, in source code (or other human-readable) form without contemporaneously
requiring end users or Berkeley Lab to enter into a separate written license agreement
for such Enhancements, then you agree to promptly provide such Enhancements to Berkeley
Lab and you hereby grant Berkeley Lab a non-exclusive, royalty-free perpetual license to
install, use, modify, prepare derivative works, incorporate into the Software or other
computer software, distribute, and sublicense your Enhancements or derivative works
thereof, in binary and source (or other human-readable) code form.

4.	NOTICE.  The U.S. Government has been granted for itself and others acting on
its behalf a paid-up, nonexclusive, irrevocable, worldwide license in the Software to
reproduce, prepare derivative works, and perform publicly and display publicly. 
Beginning five (5) years after the date permission to assert copyright is obtained from
the U.S. Department of Energy, and subject to any subsequent five (5) year renewals,
the U.S. Government is granted for itself and others acting on its behalf a paid-up,
nonexclusive, irrevocable, worldwide license in the Software to reproduce, prepare
derivative works, distribute copies to the public, perform publicly and display
publicly, and to permit others to do so.

5.	WARRANTY DISCLAIMER.  THE SOFTWARE IS SUPPLIED "AS IS" WITHOUT WARRANTY OF ANY
KIND.  BERKELEY LAB, ITS LICENSORS, THE UNITED STATES, THE UNITED STATES DEPARTMENT OF
ENERGY, AND THEIR EMPLOYEES: (1) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT, (2) DO NOT ASSUME ANY LEGAL LIABILITY OR
RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SOFTWARE, (3) DO NOT
REPRESENT THAT USE OF THE SOFTWARE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, (4) DO NOT
WARRANT THAT THE SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY
ERRORS WILL BE CORRECTED.

6.	LIMITATION OF LIABILITY. IN NO EVENT WILL BERKELEY LAB OR ITS LICENSORS BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY
KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, FOR ANY
REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF BERKELEY LAB HAS BEEN
WARNED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.  IN NO EVENT SHALL BERKELEY LAB'S
LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE
AMOUNT PAID BY YOU FOR THE SOFTWARE.

7.	INDEMNITY.  You shall indemnify, defend, and hold harmless Berkeley Lab, the
U.S. Government, the Software developers, the Software sponsors, and their agents,
officers, and employees, against any and all claims, suits, losses, damage, costs,
fees, and expenses arising out of or in connection with this Agreement.  You shall pay
all costs incurred by Berkeley Lab in enforcing this provision, including reasonable
attorney fees.

8.	TERM AND TERMINATION.  The license granted to you under this Agreement will
continue perpetually unless terminated by Berkeley Lab in accordance with this
Agreement.  If you breach any term of this Agreement, and fail to cure such breach
within thirty (30) days of the date of written notice, this Agreement shall immediately
terminate. Upon such termination, you shall immediately cease using the Software, return
to Berkeley Lab, or destroy, all copies of the Software, and provide Berkeley Lab with
written certification of your compliance with the foregoing.  Termination shall not
relieve you from your obligations arising prior to such termination. Notwithstanding
any provision of this Agreement to the contrary, Sections 5 through 11 shall survive
termination of this Agreement.

9.	EXPORT CONTROLS. You shall observe all applicable United States and foreign
laws and regulations (if any) with respect to the export, re-export, diversion or
transfer of the Software, related technical data and direct products thereof, including,
without limitation, the International Traffic in Arms Regulations (ITAR) and the Export
Administration Regulations.

10.	NO ENDORSEMENT.  In accordance with California Education Code Section 92000, you
shall not use in advertising, publicity or other promotional activities any name, trade
name, trademark, or other designation of the University of California, nor shall you so
use "Ernest Orlando Lawrence Berkeley National Laboratory" or "United States Department
of Energy" (including any contraction, abbreviation, or simulation of any of the
foregoing) without Berkeley Lab's prior written consent.

11.	GENERAL.  This Agreement shall be governed by the laws of the State of
California, excluding its rules governing conflicts of laws.  No provision in either
party's purchase orders, or in any other business forms employed by either party will
supersede the terms of this Agreement, and no modification or amendment of this
Agreement is binding, unless in writing signed by a duly authorized representative of
each party.  This Agreement is binding upon and shall inure to the benefit of Berkeley
Lab, its successors and assigns.  This Agreement represents the entire understanding of
the parties, and supersedes all previous communications, written or oral, relating to
the subject of this Agreement. If you have any questions concerning this license,
contact Lawrence Berkeley National Laboratory, Technology Transfer Department, One
Cyclotron Road, MS 90R1070, Berkeley, CA 94720, Attn: Software Licensing or via e-mail
at TTD@lbl.gov. (rev 031117)

