GeoSteiner 3.1 Software Copyright and License Agreement ------------------------------------------------------- Copyright (c) 1998, 2001 by David Warme, Pawel Winter and Martin Zachariasen. GeoSteiner 3.1 consists of software copyright (c) 1998, 2001 by David Warme, Pawel Winter and Martin Zachariasen ("the Authors"). The GeoSteiner 3.1 distribution includes the packages `triangle' and `lp_solve_2.3' which are copyrighted by third parties. Concerning the portions copyrighted by the Authors: permission to include in application software, or to make digital or hard copies or machine translations of part or all of GeoSteiner 3.1 is subject to the following license agreement. License Agreement ----------------- The software, both binary and source for GeoSteiner 3.1, excluding only the `lp_solve_2.3' and `triangle' packages ("the Software") is copyrighted by David Warme, Pawel Winter, and Martin Zachariasen ("the Authors") and ownership of all right, title and interest in and to the Software remains with the Authors. By using or copying the Software, you ("the User") agree to abide by the terms of this Agreement. Noncommercial Use ----------------- The Authors grant to the User a royalty-free, nonexclusive right to execute, copy, modify and distribute both the binary and source code solely for academic, research and other similar noncommercial uses, subject to the following conditions: 1. User acknowledges that the Software is still in the development stage and that it is being supplied "as is", without any support services from the Authors. The Authors make no representations or warranties, express or implied, including, without limitation, any representations or warranties of the merchantability or fitness for any particular purpose, or that the application of the Software, will not infringe on any patents or other proprietary rights of others. 2. The Authors shall not be held liable for direct, indirect, incidental or consequential damages arising from any claim by User or any third party with respect to uses allowed under this Agreement, or from any use of the Software. 3. User agrees to fully indemnify and hold harmless the Authors from and against any and all claims, demands, suits, losses, damages, costs and expenses arising out of the User's use of the Software, including without limitation, arising out of the User's modification of the Software. 4. User may modify the Software and distribute that modified work to third parties provided that: (a) if posted separately, it clearly acknowledges that it contains material copyrighted by the Authors, (b) no charge is associated with such copies, (c) User agrees to notify the Authors of the distribution, (d) User clearly notifies secondary users that such modified work is not the original Software, and (e) this license Agreement is included without modification as a conspicuous part of the distribution. 5. User agrees that the Authors of the original work and others may enjoy a royalty-free, non-exclusive license to use, copy, modify and redistribute these modifications to the Software made by the User and distributed to third parties as a derivative work under this Agreement. 6. This agreement will terminate immediately upon User's breach of, or non-compliance with, any of its terms. User may be held liable for any copyright infringement or the infringement of any other proprietary rights in the Software that is caused or facilitated by the User's failure to abide by the terms of this Agreement. 7. This Agreement will be construed and enforce in accordance with the law of the state of Virginia applicable to contracts performed entirely within the State. The parties irrevocably consent to the exclusive jurisdiction of the state or federal courts located in the City of Richmond for all disputes concerning this Agreement. Commercial Use -------------- Any User wishing to make a commercial use of the Software must contact the Authors (at, or to arrange an appropriate license. Commercial use includes (1) integrating or incorporating all or part of the source code into a product for sale or license by, or on behalf of, User to third parties, or (2) distribution of the binary or source code to third parties for use with a commercial product sold or licensed by, or on behalf of, the User.