SOFTWARE END USER LICENSE AGREEMENT FOR NON-COMMERCIAL USE For OpenNF This license agreement ("Agreement") is by and between you ("you" shall refer solely to the individual downloading the SOFTWARE, except that "you" may refer solely to a particular business entity if the individual downloading the SOFTWARE has authority to enter into this Agreement on behalf of such entity) and the Wisconsin Alumni Research Foundation ("WARF"). By clicking "AGREE" below, you agree to receive and use the SOFTWARE (as defined below) subject to the terms, obligations and restrictions of this Agreement. If you do not agree to all of the terms, obligations and restrictions contained herein, do not download the SOFTWARE: 1. Originators of the SOFTWARE. WARF owns or otherwise has the right to license certain non-patent copyright rights in the SOFTWARE ("Licensed Rights"), which was developed by Srinivasa Aditya Akella, Aaron Gember, Robert Grandl, Junaid Khalid, Chaithan Prakash, and Sourav Das at the University of Wisconsin ("UW") and was funded at least in part by the National Science Foundation. For purposes of this Agreement "SOFTWARE" refers to OpenNF, comprising the source code and documentation available for download from this website. 2. Limited License. WARF hereby grants to you a non-transferable, royalty-free, non-exclusive license, without the right to sublicense, under the Licensed Rights to install, execute, modify and use, solely for internal, non-commercial research purposes at one research facility, the SOFTWARE that you download from this website. "Non-commercial research purposes" shall mean academic, nonprofit, or other scholarly research, or product evaluation and development research (but not efforts to commercialize, sell or market a product). The SOFTWARE, and any modifications or derivative works thereof, may not be used, directly or indirectly, in whole or in part, (a) to perform services for a fee; (b) in or as part of a product offered for sale; or (c) for the production or manufacture of products for sale to third parties. The foregoing license does not include any license to any other rights of WARF (including no rights whatsoever to any patents or trademarks owned or licensed to WARF or the University of Wisconsin), nor any license to any third party intellectual property that may be contained in the SOFTWARE; your specific intended use of the SOFTWARE may require additional licenses to such rights (which may include a royalty, license fee, and other obligations), and obtaining such additional licenses is your responsibility. Any commercial use of the SOFTWARE, or portions, modifications, or derivative works thereof, requires a separate license from WARF. 3. Restrictions on SOFTWARE use and distribution. You agree not to take, authorize or permit any of the following actions with the SOFTWARE, portions of the SOFTWARE, or modifications or derivative works of the SOFTWARE: (1) sell, lease, rent or lend; (2) use for any commercial purposes whatsoever; (3) obscure, alter or remove any proprietary notices thereon or therein, including copyright notices or additional license terms included with any third party software contained therein; (4) transfer to a third party or otherwise outside the permitted research facility; (5) provide any third party with access, or use on a timeshare or service bureau basis; or (6) insert into any product offered for sale. You hereby represent that you are in compliance with all applicable export control provisions and are not prohibited from receiving the SOFTWARE. 4. Reservation of rights. WARF retains ownership and all rights in the SOFTWARE, including all intellectual property rights (e.g., patent, copyright and trade secret rights) that may now or in the future cover the SOFTWARE or any uses of the SOFTWARE, regardless of form or medium; title remains with WARF and the SOFTWARE that you download is merely being loaned to you for the specific purposes and under the specific restrictions stated herein. Nothing in this Agreement grants you any implied or additional rights to the SOFTWARE, any right to updates or new releases of the SOFTWARE, any commercial license for the SOFTWARE, or any right under any intellectual property of WARF to use any software that is not the SOFTWARE. WARF, UW, and Srinivasa Aditya Akella, Aaron Gember, Robert Grandl, Junaid Khalid, Chaithan Prakash, and Sourav Das have no obligation to provide any support, updates, or bug fixes. 5. Disclaimer of Warranty. WARF IS PROVIDING THE SOFTWARE TO YOU ON AN "AS IS" BASIS. WARF MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SOFTWARE OR ANY OUTCOME THAT MAY BE OBTAINED BY USING OR MODIFYING THE SOFTWARE, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WARF MAKES NO WARRANTY OR REPRESENTATION THAT THE SOFTWARE WILL OPERATE ERROR FREE OR UNINTERRUPTED. 6. Limitation of Liability; Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WARF BE LIABLE TO YOU (OR ANY PERSON, INSTITUTION, OR BUSINESS WITH WHICH YOU ARE AFFILIATED) FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE SOFTWARE OR ITS USE OR MODIFICATION. WARF HAS NO LIABILITY FOR ANY DECISION, ACT OR OMISSION MADE BY RECIPIENT AS A RESULT OF USE OR MODIFICATION OF THE SOFTWARE. To the extent permitted by applicable law, Recipient agrees to indemnify, defend and hold harmless WARF, UW, and Srinivasa Aditya Akella, Aaron Gember, Robert Grandl, Junaid Khalid, Chaithan Prakash, and Sourav Das against all claims and expenses, including legal expenses and reasonable attorneys fees, arising from your use or modification of the SOFTWARE. 7. No use of names/trademarks. You shall not use WARF’s, UW’s, or Srinivasa Aditya Akella, Aaron Gember, Robert Grandl, Junaid Khalid, Chaithan Prakash, and Sourav Das’s name in any manner without prior written approval from such person or entity. However, you agree that any publication of research results obtained with the SOFTWARE, or any derivative work or modification of the SOFTWARE, will (with WARF’s approval) acknowledge its use and its origin at UW by an appropriate citation as specified in the documentation or otherwise by WARF. 8. Termination. Without prejudice to any other rights, WARF may terminate this Agreement immediately if you fail to comply with the terms of this Agreement for any reason. Upon termination for any reason, you must immediately destroy all copies of the SOFTWARE, modifications of the SOFTWARE, and derivative works of the SOFTWARE, in your possession, custody or control and certify the same to WARF in writing.