SOURCE CODE LICENSE AGREEMENT (rev 010327)

Software: Computational Crystallography Toolbox
Version: Sourceforge CVS tree

IMPORTANT - READ CAREFULLY:  This End User 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.      LICENSE GRANT. Berkeley Lab grants you, and you hereby accept,
a non-exclusive, royalty-free perpetual license to install, use,
modify, prepare derivative works, incorporate into other computer
software, and distribute the version noted above of the computer
software program noted above, in binary and source code format, or any
derivative work thereof, together with any associated media, printed
materials, and on-line or electronic documentation (if any) provided by
Berkeley Lab (collectively, the "Software"), subject to the following
terms and conditions: (i) any distribution of the Software shall bind
the receiver to the terms and conditions of this Agreement; (ii) any
distribution of the Software in modified form shall clearly state that
the Software has been modified from the version originally obtained
from Berkeley Lab.  This version of the Software constitutes a research
prototype and may be changed substantially.  The license grant set
forth above is subject to receipt by Berkeley Lab of any required U.S.
Department of Energy approvals.

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 on any 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 form without contemporaneously requiring end users or Berkeley Lab
to enter into a separate written license agreement for such
Enhancements, then 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 code form.

4.      U.S. GOVERNMENT RIGHTS.  The Software was developed under
funding from the U.S. Department of Energy and the U.S. Government
consequently retains certain rights as follows: 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 was granted by the U.S. Dept. 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 90-1070, Berkeley, CA 94720, Attn:
Software Licensing or via e-mail at TTD@lbl.gov.

If you have any questions or feedback concerning this Software, contact
the Computational Crystallography Group, Lawrence Berkeley National
Laboratory, One Cyclotron Road, MS 4-230, Berkeley, CA  94720 or via
email at cctbx@cci.lbl.gov.
