This Contributor 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) (collectively, "you" or "your" or "Licensee") and the University Corporation for Atmospheric Research ("UCAR").
- License Grant to Technology. UCAR grants to Licensee a restricted, royalty-free, perpetual, nonexclusive, nontransferable, noncommercial license to copy, modify, enhance, improve and use the NCAR CESM_CMIP6_Cylc_Suites code set for transformation and standardization of NetCDF datasets into the approved formats for publication (Technology) for research purposes and for collaborating with UCAR only; provided, however, that Licensee does not commercialize, sell, license, distribute, or transfer the Technology, or any work that contains the Technology. Licensee may freely use the data and results from the Technology. Licensee shall note in all publications of data or results that this Technology is provided by UCAR and the NCAR Computational and Information Systems Laboratory. Licensee must reproduce all copyright notices and other proprietary notices on any copies of the Technology, and Licensee shall not remove any copyright information appearing in or on the Technology files.
- Ownership of Technology. UCAR owns and retains all title, copyright, and other proprietary interests in the Technology, including any copies thereof. No ownership rights of any kind are transferred to you.
- Licensee Contributions. Licensee shall submit contributions to the Technology to UCAR through the collaboration tools provided by UCAR. "Contribution" shall mean any independent original work of authorship, including any enhancements, improvements, modifications, additions, bug fixes, patches, or upgrades to the Technology that is intentionally submitted by you to UCAR for inclusion in the Technology. You are the owner of your Contributions, but you acknowledge that UCAR retains ownership of the Technology.
- License Grant to Licensee Contributions. You hereby grant to UCAR, and to any recipients of the Technology distributed by UCAR, a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to reproduce, incorporate freely into the Technology, sublicense, display, and distribute your Contributions. You represent that you are legally entitled to grant the above license. If your employer(s) has rights to intellectual property that you create that includes your Contributions, you acknowledge that you are allowed to make Contributions on behalf of that employer.
- Disclaimer of Warranty/Noninfringement. THE TECHNOLOGY IS SUPPLIED AS IS WITHOUT WARRANTY OF ANY KIND. UCAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, ORIGINALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE TECHNOLOGY PROVIDED HEREUNDER. UCAR MAKES NO REPRESENTATIONS THAT THE USE, OPERATION, SALE, PERFORMANCE, MODIFICATION, REPRODUCTION, DISPLAY OF THE TECHNOLOGY WILL NOT INFRINGE UPON ANY PROPRIETARY RIGHTS OF ANY THIRD PARTY.
- Limitation of Liability. IN NO EVENT SHALL UCAR BE LIABLE TO LICENSEE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST OR ANTICIPATED PROFITS OR REVENUE INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF UCAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN THE PERFORMANCE OF THIS LICENSE, OR RELATED TO THE TECHNOLOGY. LICENSEE ALSO ACKNOWLEDGES THAT ANY BREACH OF ITS OBLIGATIONS WITH RESPECT TO PROPRIETARY RIGHTS WILL CAUSE UCAR IRREPARABLE INJURY FOR WHICH THERE ARE INADEQUATE REMEDIES AT LAW. AS SUCH, UCAR SHALL BE ENTITLED TO EQUITABLE RELIEF IN ADDITION TO ALL OTHER REMEDIES AVAILABLE TO IT.
- High Risk Activities. The Technology is research-based, not fault-tolerant, and is not designed, manufactured or intended for use in any operational activities including activities or hazardous environments requiring fail-safe performance, such as in aircraft navigation or communication systems, air traffic control, weapons systems, nuclear power plants or critical 24/7 operations, in which the failure of the Technology could lead directly to death, personal injury, or severe physical or environmental damage (High Risk Activities). Accordingly, UCAR specifically disclaims any express or implied warranties of fitness for High Risk Activities. You agree that UCAR shall not be liable for any claims or damages arising from High Risk Activities.
- Controlling Law. This Agreement shall be governed by the laws of the State of Colorado and of the United States.