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Last Updated: Friday, February 3, 2012 12:03 PM
Caltrans Software License - CT-EMFAC
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING CALTRANS-DEVELOPED SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD OR USE THIS SOFTWARE.
The enclosed computer program(s) ("Software") is licensed, at no cost, to the LICENSEE by the California Department of Transportation ("Caltrans") for use only under the terms of this License, and Caltrans reserves any rights not expressly granted to the LICENSEE. The LICENSEE owns the media on which the Software is recorded or fixed, but Caltrans retains ownership of the Software itself.
- The term "SOFTWARE" refers to Caltrans software, such as the CT-EMFAC executable file and database, and document archives, supplied or developed by Caltrans including: SOFTWARE DOCUMENTATION, and BINARY EXECUTABLE. CT-EMFAC is distributed only in binary executable form; source code is not available. Documentation and user guidance is provided by the CT-EMFAC 4 Documentation, MSATs Technical Memo, and Readme text file.
- The term "SOFTWARE DOCUMENTATION" refers to manuals, handbooks, maintenance libraries and other explanatory material provided in any form for the operation, use, and maintenance of CALINE4 and CL4 software package.
- The term "BINARY EXECUTABLE" refers to the complete compiled source code
- The term "MODIFIED SOFTWARE" refers to derivative software products created by the LICENSEE
The LICENSEE is granted under the terms of this agreement a royalty-free right to:
- use the SOFTWARE;
- copy the SOFTWARE into any machine readable or printed form for backup purposes;
- modify the SOFTWARE and/or merge it into another program;
- distribute copies of the MODIFIED SOFTWARE to public entities only and for no compensation.
- Limitation of Remedies and Damages
- Caltrans or any of its employees is not liable for claims, liabilities or losses arising out of, or connected with, the use, misuse or modification of the SOFTWARE by the LICENSEE.
- Caltrans or any of its employees is not liable for claims, liabilities, or losses arising out of, or connected with, any future use by public entities using the SOFTWARE or any MODIFIED SOFTWARE.
- Caltrans does not warrant that the operation of the SOFTWARE will be uninterrupted or error free or that all SOFTWARE defects can be corrected.
- The LICENSEE assumes the entire risk as to the quality and performance of the SOFTWARE.
- The LICENSEE shall defend and hold harmless Caltrans or any of its employees for any claims made by third parties concerning the use of MODIFIED SOFTWARE.
- MODIFIED SOFTWARE shall be the property of the LICENSEE but any public entity shall have a royalty-free, unlimited and irrevocable right to the use of such software under the same terms, conditions, and restrictions set forth above for the SOFTWARE, and the LICENSEE agrees to include an appropriate notice and license agreement in the distribution of any MODIFIED SOFTWARE.
- Copies of the SOFTWARE created for all MODIFIED SOFTWARE shall be provided to Caltrans upon request, including all source code, source code documentation, and binary executable versions of said MODIFIED SOFTWARE.
If you agree with the terms of this License, click here to proceed: