KIM LABORATORY SOFTWARE AND DATA LICENSE Version 1.0, August 2007 TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. Your use of the Work and Derivative Works in Source or Object form constitutes acceptance of this License. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "You" in this License, and "Your" when used in the possessive, means an individual or a legal entity exercising rights under this License. For legal entities, "You" includes any entity that is controlling, controlled by or under common control with You. 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"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. 2. Grant of Copyright License. You may use the Work and Derivative Works for any non-commercial purpose, subject to the restrictions in this License. Some purposes which can be non-commercial are teaching, academic research, and personal experimentation. 3. Redistribution. You may modify the Work and Derivative Works and distribute the Work or Derivative Works for non-commercial purposes, provided that You meet the following conditions: (a) You may not grant rights to the Work or Derivative Works that are broader than those provided by this License (for example, you may not distribute modifications of the Work under terms that would permit commercial use, or under terms that purport to require the Work or Derivative Works to be sublicensed to others); and (b) You must give any other recipients of the Work or Derivative Works a verbatim copy of this License; and (c) You must cause any modified files to carry prominent notices stating that You changed the files; and (d) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (e) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. 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Examples of commercial purposes would be running business operations, licensing, leasing, or selling the Software, or distributing the Work or Derivative Works for use with commercial products. No other rights are granted in this License. You and Your affiliates, sublicensees, employees, and agents may not use any name, logo, seal, or trademark of Licensor or any affiliate organization, employee, student or representative of the Licensor, without the prior written consent of the Licensor. 5. Retained Rights. The Licensor retains the right to copy the Work, prepare Derivative Works based upon the Work and distribute the Work or Derivative Works to any person or entities for any purpose. 6. Termination. This License is effective until terminated. You may terminate this License at any time upon notice to the Licensor. This License will terminate immediately without notice from the Licensor if You fail to comply with any provision of this License. Upon termination for any reason, You must destroy all copies of the Work and Derivative Works in Your possession and control. 7. Government Rights and Restrictions. You acknowledge that the License is expressly subject to reserved rights of the United States Government, if any, under all applicable statutes and regulations. You agree to comply with all laws, rules and regulations applicable to the use of the Work and Derivative Works, and You will be responsible for obtaining, at Your expense, any governmental approvals required to use the Work and Derivative Works. All rights granted to You under this License are contingent upon Your compliance with United States laws and regulations controlling the export of technical data, computer software, laboratory prototypes, and all other export controlled commodities, including, without limitation, the Arms Export Control Act and the Export Administration Act as they may be amended. 8. Entire Agreement. The terms and conditions contained in this License constitute the entire agreement between the parties and supersede all previous agreements and understandings, whether oral or written, between the parties with respect to the subject matter. This License may not be amended without a written agreement signed by an authorized representative of the Licensor. 9. Severability. If any provision of this License shall be determined to be void, invalid, unenforceable or illegal for any reason, then the validity and enforceability of all of the remaining provisions hereof shall not be affected thereby. 10. Miscellaneous. This License will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. This License shall be construed and interpreted and its performance shall be governed by the laws of the Commonwealth of Pennsylvania without reference to the conflicts of law principles of any jurisdiction. 11. Disclaimer of Warranty. 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