This Software Agreement (the Agreement) provides the terms and conditions under which Rutgers, the State University of New Jersey. (RUTGERS) is willing to grant you a non-exclusive right to use certain copyrighted software known as SLIPPER (“the Software”) which includes source code, binary code and related documentation owned by Rutgers as of July 1, 2001.

PLEASE READ THIS AGREEMENT CAREFULLY. If you agree to use the Software only in accordance with the following terms and conditions and are willing to be bound by this Agreement, acknowledge your acceptance of this offer by clicking on the acceptance bar.

By this Agreement, RUTGERS grants you a royalty-free, non-exclusive, non-transferable right to use the Software solely for a Non-Commercial Purpose: (a) You may prepare derivative works (the Derivative Works) which are based on or incorporate all or part of the Software, including, without limitation, works (the Adaptations) which (i) are translations of all or part of the Software into different programming languages, or (ii) are revisions, improvements or corrections to all or part of the Software, provided that: (a) You treat all Derivative Works as Software under this Agreement; (b) You may make only such copies of the Software as are necessary for your development of the Derivative Works; and (c) You may transfer a Derivative Work to a person who has been granted a right to use the Software by RUTGERS (a Licensed User), provided that, such person treats such Derivative Work as Software under their agreement with RUTGERS. You shall treat as Software under this Agreement any Derivative Work you receive from a Licensed User. All copies of the Software prepared in accordance with this paragraph shall retain the copyright notice appearing in the Software. To the extent that the Software includes computer programs in object code form, you shall not de-compile, reverse engineer or disassemble such programs.

As used in this Agreement, Non-Commercial Purpose means use of the Software and Derivative Works solely for education or research. Non-Commercial Purpose excludes, without limitation, any use of the Software or Derivative Works for, as part of, or in any way in connection with a product (including software) or service which is sold, offered for sale, licensed, leased, loaned or rented. EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS AGREEMENT, YOU SHALL NOT USE, COPY, DISTRIBUTE OR TRANSFER THE SOFTWARE OR DERIVATIVE WORKS IN ANY FORM, AND NO LICENSES ARE GRANTED OR IMPLIED.

You hereby grant Rutgers a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual license to: (a) Reproduce, prepare derivative works based on and distribute all or part of the Derivative Works; and (b) Make, have made, use, offer to sell, sell, license or import any products (including software) or services under any intellectual property rights owned or licensed by you which relate to (i) all or part of the Derivative Works (including as executed by a CPU), or (ii) methods or concepts embodied in, or implemented through the execution by a CPU of, the Derivative Works. The Software includes documentation that identifies a contact person at RUTGERS to whom you shall provide feedback concerning your Derivative Works and any comments or recommendations regarding the Software, and, if requested by RUTGERS, you shall provide such person with source code copies of your Derivative Works.

This Agreement is personal between RUTGERS and you. You may not accept this Agreement on behalf of any company, corporation or other organization except the specific University Department or Laboratory listed below. The Software is protected by copyright law and is the sole and exclusive property of RUTGERS. No ownership interest in the Software is transferred to you. Your interest in the Derivative Works is limited solely to your additions and the Derivative Works are subject in their entirety to RUTGERS’ intellectual property rights. RUTGERS may assign or transfer to any company or person, or grant to any company or person a license or sublicense under, all or part of its interest in any rights to the Software, this Agreement, or any license granted to RUTGERS hereunder. You may not assign, transfer or sublicense your rights hereunder without the written consent of RUTGERS.

All licenses granted herein shall continue for a period of two (2) years from the effective date of this Agreement unless terminated as provided herein. RUTGERS may terminate this Agreement at any time by sending to the email address you provided in order to gain access to the Software or posting on this web site, written notice of termination. Termination shall be effective as provided in the notice. This Agreement and the rights granted to Licensee shall also terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. Upon termination, you shall destroy all copies of the Software.

You acknowledge that the Software is subject to U.S. export laws and regulations and any use or transfer of such Software must be authorized under those regulations. You hereby assure RUTGERS that you will not, directly or indirectly, "export" or "re-export" the Software to any country where such "export" or "re-export" is prohibited by law. The obligations of this written assurance shall survive the term of this or any other related agreement. For purposes of this Paragraph, "export" and "re-export" mean transferring or releasing to another country or to a national of another country (wherever that person is located) by any means--physical, electronic, or otherwise.

RUTGERS has no obligation to support or maintain the Software and grants you this right to use the Software AS IS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE. RUTGERS DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL RUTGERS BE LIABLE FOR (i) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF RUTGERS OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SOFTWARE, OR (iii) ANY CLAIM BY ANY THIRD PARTY. THE PROVISIONS OF THIS AGREEMENT APPLICABLE TO RUTGERS ALSO APPLY TO RUTGERS’ AFFILIATED COMPANIES AND ITS AND THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SUBCONTRACTORS, SERVICE PROVIDERS AND SUPPLIERS.

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, applicable to agreements made and to be performed wholly therein without regard to its conflicts of law rules. You agree that any legal action or proceeding between RUTGERS and you for any purpose concerning this Agreement or the obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey. Any cause of action or claim you may have with respect to the Software must be brought within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. RUTGERS’ failure to insist upon or enforce strict performance of any provision of this Agreement is not a waiver of any provision or right.

You must also fill out the following information to download SLIPPER. This information will only be used to keep track of SLIPPER usage and to inform you of bug fixes and other similar SLIPPER-specific mailings.