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TRANSIMS University License Request

This form initiates your license request.

Licenses will only be issued to an organization, not an individual, so individual requests will not be honored—your organization's business office must make the application.

This University version of TRANSIMS software ONLY runs on Linux platform.

To receive the passcode to download and use the TRANSIMS distribution software from this Web site, you must fill in all areas in this form, print it, and then submit the data. You are required to get the printed, filled-in form signed, and then faxed to Charles Gibson at the address below. Upon approval, you will be sent the passcode by e-mail.

* Field is required.

Requester's first name *

Requester's last name *

Title

Address *

Telephone number 000-000-0000 *

E-mail *

NONCOMMERCIAL SOFTWARE LICENSE AGREEMENT

TRANSIMS Version 3.1

The Regents of the University of California, a constitutional California corporation, at Los Alamos National Laboratory (hereinafter referred to as "UNIVERSITY") and (hereinafter referred to as "LICENSEE") agree as follows:

The University conducts research and development at the Los Alamos National Laboratory (LANL) for the U.S. Government under Contract No. W‑7405‑ENG‑36, hereinafter referred to as "Contract," with the U.S. Department of Energy (DOE).

UNIVERSITY grants to LICENSEE a fully-paid, nonexclusive, nontransferable and noncommercial license to use, for research, development, evaluation, demonstration and instruction purposes only, the computer software and associated documentation identified in Appendix A (hereinafter called "the Software") for a one time fixed fee of One Thousand ($1,000.00) U.S. dollars. Instruction is defined as a structured course of study offered by an educational institution to its students as part of a specific field of study such as engineering, computer science, transportation science, logistics and the like. Specifically excluded from this license are (i) performing or publicly displaying the Software for individuals who are not LICENSEE'S employees or students and (ii) use of the software in performing work for organizations which require transportation planning services or other services for which the software could be adapted to.

2.              The term of this agreement is from the later date of execution to the expiration of the U. S. copyright and LICENSEE will cease any use of the Software on that date.

3.              LICENSEE acknowledges that the Software is a research tool of the UNIVERSITY; that it is being supplied AS IS, without any accompanying maintenance or updates from the UNIVERSITY; and that this license is entered into in order to evaluate, further develop, and/or expand applications of the Software in collaboration between UNIVERSITY and LICENSEE.

4.              The UNIVERSITY retains ownership of all rights in the Software and the copyright subsisting therein. No rights are granted to LICENSEE except as expressly recited in this agreement. A copy of the Software will be loaned to LICENSEE upon execution of this agreement and the software, and any other copies thereof, will be returned to UNIVERSITY or destroyed as directed by the UNIVERSITY upon termination of this agreement.

5.              LICENSEE agrees to provide UNIVERSITY with an irrevocable, royalty free, nonexclusive license to use, copy, prepare derivatives works, distribute to others and to publicly display any modifications, including complete translations, made by LICENSEE to the Software. Such modifications shall be usable by the UNIVERSITY at Los Alamos National Laboratory for purposes allowed under the Contract and by the U.S. Government for U.S. government purposes, and may be copied and distributed by the UNIVERSITY to other users of the Software.

6.              LICENSEE agrees it shall not distribute or transfer the Software to any other person or entity without prior written permission of UNIVERSITY. Any such transfer will be subject to all applicable United States and foreign laws, regulations, rules and decrees with respect to the transfer of the Software and related technical data to foreign countries, including, without limitation, the U.S. Foreign Corrupt Practices Act, the Export Administration Act, the U.S. Anti-Boycott Laws, and any regulations promulgated thereunder, including, but not limited to, the International Traffic in Arms Regulations (ITAR).

7.              LICENSEE agrees to use the Software at a single computer site identified in Appendix A. A separate license is required for each site at which the Software will be used. LICENSEE will maintain a written record of the location of all copies of the Software made by LICENSEE.

8.              LICENSEE agrees not to copy the Software, in whole or in part, except as required for use by LICENSEE at the designated site for modifications to the software, for backup purposes, or for archival purposes. LICENSEE may modify the Software for its own use; provided, however, that LICENSEE agrees to maintain records of such modifications and to supply UNIVERSITY with copies of any modifications and updates and all related information pursuant to Paragraph 5.

9.              This license and the Software are provided AS IS, WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED. NEITHER THE UNIVERSITY NOR THE U. S. GOVERNMENT MAKES ANY REPRESENTATION OR WARRANTY THAT THE LICENSED SOFTWARE WILL NOT INFRINGE ANY COPYRIGHT, PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT WILL UNIVERSITY OR THE U.S. GOVERNMENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM EXERCISE OF THIS LICENSE OR THE USE OF LICENSED SOFTWARE.

10.           LICENSEE agrees to indemnify UNIVERSITY and the U.S. Government and their officers, employees, assignees and agents, against all damages, costs, expenses, including attorney's fees, arising from use of Software by LICENSEE under this agreement, including, but not limited to, the making, using, or processing products, or services derived therefrom. This indemnification includes, but is not limited to, product liability.

11.           LICENSEE agrees to maintain the Software in confidence and to use at least the same degree of care as it uses in protecting its own proprietary information.

12.           All liaison between UNIVERSITY and LICENSEE shall be as follows:

                  UNIVERSITY                                                                               LICENSEE


Los Alamos National Laboratory	Organization *

Technology Transfer Division	Department *

P.O. Box 1663, MS C334	Street *

Los Alamos, NM 87545	City, State, Zip *

Attn: Charles Gibson, Licensing Associate	Contact, Title *

13. This Agreement will be construed, interpreted and applied in accordance with the laws of the State of California. Any legal action arising out of this agreement or use of the Software under this agreement shall be filed in a court of competent jurisdiction in the State of California.


University of California	Licensee Organization: *

Name: Donna M. Smith	Name: *

Title: Director, Technology Transfer Division	Title: *

	Date: 00/00/0000 *

APPENDIX A

(1)   Computer Software:               TRANSIMS Version 3.1

(2)   Documentation:

(3)   Single Computer Site:

Transims, Version 3.1. © 2002 The Regents of the University of California. This software was produced under a U.S. Government contract (W-7405-ENG-36) by Los Alamos National Laboratory, which is operated by the University of California for the U.S. Department of Energy. The U.S. Government is licensed to use, reproduce, and distribute this software. Neither the Government nor the University makes any warranty, express or implied, or assumes any liability or responsibility for the use of this software.

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