SIMtoEXP by Norbert.Kucerka@nrc.gc.ca - END USER LICENSE AGREEMENT
Copyright  2009, National Research Council of Canada

IMPORTANT, PLEASE READ CAREFULLY:

This end user license agreement (the "Agreement") is a legal agreement between you (the "User") and the National Research Council of Canada ("NRC") for the NRC software product SIMtoEXP by Norbert.Kucerka@nrc.gc.ca (the "Software").

By installing, copying or otherwise using the Software, you agree to be bound by the terms and conditions of this Agreement.  If you do not agree to the terms and conditions of this Agreement, do not install, copy or otherwise use the Software.


1.0 GRANT OF LIMITED LICENCE
1.1 In consideration of the User's acceptance of the terms and conditions of this Agreement, NRC grants to the User, and User accepts, a free, non-exclusive, and limited license to use the Software solely for the User's personal and non-commercial use, and only in the manner described under the heading "USAGE AND RESTRICTIONS". This license granted hereunder is NOT assignable, sub-licensable, or otherwise transferable by the User to any other party either directly or by operation of law.


2.0 USAGE AND RESTRICTIONS
2.1 The User may use and install the Software on one or more computers, including clusters, and may copy the Software for backup or archival purposes provided that the User reproduces all copyright notices and other proprietary notices on any copies of the Software.

2.3 NRC represents that the Software is proprietary to NRC, and that such Software comprises confidential information of NRC.  Use of the Software is personal to the User and the User shall not give access to, or disclose, either in whole or in part, the Software to any other party without the prior written consent of NRC.

2.4 The User shall ensure that any copyright notice, trademark or other proprietary right notice placed by NRC on the Software remains in evidence and is reproduced on any copies of the Software, whether in whole or in part.

2.5 The User acknowledges that the title and related rights in the content accessed through the Software are the property of the applicable content owner and are protected by law.  This license gives you no rights to such content.

2.6 Except as expressly permitted by this Agreement, the name of a copyright holder shall NOT be used in advertising or otherwise to promote the sale, use or other dealings in this Software without specific prior written authorization.


3.0 TITLE
3.1 Except as expressly provided for under the heading "Other Copyright Notices" at the end of this Agreement, the User acknowledges and agrees that all proprietary interest, right, title, copyright, or other intellectual property right in the Software and all copies thereof remain at all times with NRC.


4.0 NO MAINTENANCE OR SUPPORT
4.1 By downloading this Software, the User hereby understands and agrees that NRC shall be under no obligation whatsoever to provide maintenance or support for the Software, or to notify the User of bug fixes, patches, or upgrades to the Software (if any). If, in its sole discretion, NRC makes a Software bug fix, patch or upgrade available to the User and NRC does not separately enter into a written license agreement with the User relating to such bug fix, patch or upgrade, then it shall be deemed incorporated into the Software and subject to this Agreement.


5.0 LIMITED WARRANTY AND REMEDIES
5.1 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF: MERCHANTABILITY, FITNESS OR USEFULNESS FOR A PARTICULAR PURPOSE, THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  IN NO EVENT SHALL NRC BE LIABLE FOR ANY CLAIM, OR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWSOEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION OF CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF THE SOFTWARE, EVEN IF NRC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

5.2 THE USER SHALL MAKE NO CLAIMS OF ANY KIND WHATSOEVER UPON OR AGAINST NRC, EITHER ON ITS OWN ACCOUNT OR ON BEHALF OF ANY THIRD PARTY, ARISING DIRECTLY OR INDIRECTLY OUT OF ITS USE OF THE SOFTWARE.


6.0 TERMINATION PROVISIONS
6.1 The User may terminate this license at any time, by destroying the Software, the Documentation and any back-up or archival copy of the Software.

6.2 This license shall terminate automatically upon any breach of any term of this Agreement by the User.  Upon such termination the User shall destroy all copies of the Software in its possession and provide NRC with written certification of such destruction.

6.3 NRC and/or its licensors may pursue all available legal remedies to enforce this Agreement.  The User agrees that NRC's licensors referenced in the Software are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property.

6.4 The obligations of the User and NRC under Sections 3 ("TITLE"), 5 ("LIMITED WARRANTY AND REMEDIES '"), 6 ("TERMINATION PROVISIONS") and 7 ("GENERAL PROVISIONS") hereof will survive termination of this Agreement and will continue in full force and effect thereafter.


7.0 GENERAL PROVISIONS
7.1 This Agreement constitutes the entire agreement between the User and NRC concerning the Software and it supersedes any prior agreement or representation.

7.2 This Agreement shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein, without regard to its rules on the conflict of laws.  The parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario.

7.3 If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision or part thereof shall be deemed severed herefrom and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.

7.4 The section headings in this Agreement are solely for convenience and will not be considered in its interpretation.

7.5 If you have any questions concerning this license, please contact the NRC Canadiand Neutron Beam Centre (NRC-CNBC), Chalk River Laboratories, Chalk River, Ontario, K0J 1J0, Canada.


Other Copyright Notices 
This Software uses Tcl/Tk developed by Regents of the University of California, Sun Microsystems, Inc., Scriptics Corporation, ActiveState Corporation and other parties.

This Software uses BLT developed by Bell Labs Innovations for Lucent Technologies,  1991-1998. 


Tcl/Tk part is copyrighted by the Regents of the University of
California, Sun Microsystems, Inc., Scriptics Corporation, ActiveState
Corporation and other parties.  The following terms apply to all files
associated with the software unless explicitly disclaimed in
individual files.

The authors hereby grant permission to use, copy, modify, distribute,
and license this software and its documentation for any purpose, provided
that existing copyright notices are retained in all copies and that this
notice is included verbatim in any distributions. No written agreement,
license, or royalty fee is required for any of the authorized uses.
Modifications to this software may be copyrighted by their authors
and need not follow the licensing terms described here, provided that
the new terms are clearly indicated on the first page of each file where
they apply.

IN NO EVENT SHALL THE AUTHORS OR DISTRIBUTORS BE LIABLE TO ANY PARTY
FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF THIS SOFTWARE, ITS DOCUMENTATION, OR ANY
DERIVATIVES THEREOF, EVEN IF THE AUTHORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.

THE AUTHORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  THIS SOFTWARE
IS PROVIDED ON AN "AS IS" BASIS, AND THE AUTHORS AND DISTRIBUTORS HAVE
NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR
MODIFICATIONS.

GOVERNMENT USE: If you are acquiring this software on behalf of the
U.S. government, the Government shall have only "Restricted Rights"
in the software and related documentation as defined in the Federal 
Acquisition Regulations (FARs) in Clause 52.227.19 (c) (2).  If you
are acquiring the software on behalf of the Department of Defense, the
software shall be classified as "Commercial Computer Software" and the
Government shall have only "Restricted Rights" as defined in Clause
252.227-7013 (c) (1) of DFARs.  Notwithstanding the foregoing, the
authors grant the U.S. Government and others acting in its behalf
permission to use and distribute the software in accordance with the
terms specified in this license. 


Copyright 1991-1998 by Bell Labs Innovations for Lucent Technologies.

Permission to use, copy, modify, and distribute this software and
its documentation for any purpose and without fee is hereby
granted, provided that the above copyright notice appear in all
copies and that both that the copyright notice and warranty
disclaimer appear in supporting documentation, and that the names
of Lucent Technologies any of their entities not be used in
advertising or publicity pertaining to distribution of the software
without specific, written prior permission.

Lucent Technologies disclaims all warranties with regard to this
software, including all implied warranties of merchantability and
fitness.  In no event shall Lucent Technologies be liable for any
special, indirect or consequential damages or any damages
whatsoever resulting from loss of use, data or profits, whether in
an action of contract, negligence or other tortuous action, arising
out of or in connection with the use or performance of this
software.