MVT Toolbox Disclaimer

Windows MVT Toolbox License Agreement

Redistribution and use in source and binary forms are subject to the
terms of the following license agreement.

Support provided by National Science Foundation Grant No. EEC-9986821 Center for Subsurface Sensing and Imaging Systems (CenSSIS)
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This License Agreement (the "Agreement") is made between Northeastern University ("NU"), a not-for-profit, private university with its principal place of business at 360 Huntington Ave., Boston, MA 02115, and the individual downloading the software ("Licensee"), and is effective at the date the downloading is completed ("Effective Date"). BY DOWNLOADING OR USING THIS SOFTWARE YOU ARE AGREEING TO THIS LICENSE IN ITS ENTIRETY. NU is the owner of certain right, title and interest in the computer files collectively entitled MVT Toolbox and related documentation (the "Program"). LICENSEE wishes to obtain and NU agrees to grant a non-exclusive license to use the program for non-commercial research and educational purposes only under the terms of the Agreement. NU and LICENSEE in consideration of the above agree as follows:

1. NU hereby grants to LICENSEE nonexclusive rights to use the Program from the Effective Date for non-commercial research and educational purposes only, without any rights whatsoever to redistribute the program, under the terms and conditions of the Agreement. NU retains all ownership rights in the Program, including patent rights, copyrights and licensing rights. No rights, express or implied, for use other than specified in this Agreement are transferred.

2. LICENSEE agrees to restrict the use of the Program to him or herself for research and educational purposes only. LICENSEE agrees to use the Program only at the site where the Program is downloaded.

3. LICENSEE agrees that the Program will not be used as the basis of a commercial software or hardware product and that the same will not be rewritten in another computer language or otherwise adapted to circumvent the need for obtaining a license from NU for use of the Program other than as specified by this Agreement.

4. The name of the Northeastern University may not be used to endorse or promote products derived utilizing this software. LICENSEE agrees to acknowledge use of the Program in any publication resulting from use of the Program according to academic tradition.

5. LICENSEE acknowledges that title to the Program (including copyright) will remain with NU and that any copies of the Program or portions of the Program made by LICENSEE and incorporated into a derivative work shall include a NU copyright notice in the same format and location as the copy received by the LICENSEE under this agreement.

6. LICENSEE accepts the above materials on an "AS IS" basis. NU is under no obligation to load the Program onto LICENSEE machines, test for proper operation, perform any debugging,
make any corrections, provide maintenance, provide any updates, or assist in the understanding or use of the Program. The Program is a research program, and NU does not represent that it is free of errors or bugs or suitable for any particular tasks.

7. LICENSEE agrees to forward to NU any substantial or major modifications, corrections or debugging of the Program; such alterations will be the property of NU. Such information shall be sent to: Emmanuel Arzuaga via email earzuaga@ece.neu.edu.

8. LICENSEE AGREES THAT THE RIGHTS GRANTED HEREUNDER ARE MADE AVAILABLE WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND FURTHER INCLUDING NO WARRANTY AS TO CONFORMITY WITH WHATEVER USER MANUALS OR OTHER LITERATURE MAY BE ISSUED FROM TIME TO TIME. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY NU THAT THE PRACTICE BY LICENSEE OF THE LICENSE GRANTED HEREUNDER SHALL NOT INFRINGE THE PATENT RIGHTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN NO EVENT SHALL NU, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSOCIATES BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE PROGRAM OR THE USE OR OTHER DEALINGS IN THE PROGRAM REGARDLESS OF WHETHER NU SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY.

9. LICENSEE shall at all times during the term of this Agreement and thereafter, indemnify, defend and hold harmless NU, its trustees, directors, officers, employees, agents and affiliates,
against all claims, proceedings, demands, and liabilities of any kind whatsoever, including legal expenses and reasonable attorneys fees, arising out of, connected with, resulting from or sustained as a result of use of the Program by LICENSEE. In no event shall NU be liable for special, direct, indirect or consequential damages, losses, costs, charges, claims, demands, fees or expenses of any nature or kind.

10. This Agreement shall be construed, governed, interpreted and applied in accordance with the laws of the Commonwealth of Massachusetts, U.S.A.

11. The term of the Agreement is one year (the "Term"). At the end of the Term, the Agreement shall be automatically renewed under the same terms and conditions unless NU indicates otherwise. NU shall have the right to terminate this Agreement for any reason by giving thirty (30) days written notice to LICENSEE. Upon termination for any reason, LICENSEE agrees to destroy the original and all copies, including partial copies of the Program.

12. The parties agree that this Agreement is the entire Agreement, and shall not be subject to any change or modification except in writing by both parties.

13. The provisions of this Agreement are severable, and if any provisions of this Agreement are determined to be invalid or unenforceable, such determination shall not in any way affect the validity or enforceability of the remaining provisions.
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