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Last Updated: Thursday, January 5, 2012 12:29 PM
Caltrans Software License
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS 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 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.
Definitions: The term "SOFTWARE" refers to the SOUND2000 software package and documentation archives supplied or developed by Caltrans including: SOURCE CODE, SOURCE CODE DOCUMENTATION, SOFTWARE DOCUMENTATION, and BINARY EXECUTABLE.
The term "SOURCE CODE" refers to the complete program source code listings, internal documentation embedded in source code listings ASCII computer files or computer media necessary to compile and build the binary executable program, associated data files, and data structures necessary for program code level modifications. Source code excludes third party products.
The term "SOFTWARE DOCUMENTATION" refers to manuals, handbooks, maintenance libraries and other explanatory material provided in any form for the operations, use, and maintenance of the SOUND2000 software package.
The term "SOURCE CODE DOCUMENTATION" refers to the program level software design documentation, associated data files, data structures, and algorithms necessary for LICENSEES to make program code level modifications to a delivered software product.
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, unlimited, and irrevocable right to:
use the SOFTWARE;
distribute copies of the 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 SOFTWARE.
SOFTWARE shall be the property of Caltrans and 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 SOFTWARE.