BRAINHAT LICENSE AGREEMENT Version 1.0 July 30, 1998 Preamble Kevin Dowd (hereinafter "the Author") has developed Brainhat, a software kit for building Natural Language Processing systems (hereinafter "Brainhat"). Brainhat is distributed in source code form. This agreement is designed to (1) permit non-commercial use and modification of Brainhat, (2) permit commercial use of modified or unmodified versions of Brainhat software ONLY BY SEPARATE AGREEMENT with The Author or his authorized agents, (3) otherwise prohibit commercial use of unmodified or modified versions of Brainhat, and (4) to encourage the development and submission of changes to Brainhat. Brainhat is a product of the Author, and is being made available for use only on the basis contained in this License Agreement. Brainhat is copyrighted by the Author. TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION OF THE BRAINHAT The Author grants you a license as follows to Brainhat source codes: 1. LICENSE. The Author grants you a non-exclusive, non-transferable license for Brainhat and its associated documentation, subject to all of the following terms and conditions. In downloading or accepting a copy of Brainhat you agree to the following terms and conditions. This license permits you to use, copy, and modify Brainhat solely for your personal use. For non-commercial uses only, you may modify your copy or copies of Brainhat or any portion of it, thus forming a work based on Brainhat, and copy and distribute such modifications or work. You may not copy, modify, sublicense, or distribute Brainhat except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute Brainhat for commercial purposes is void, and will automatically terminate your rights under this License. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify Brainhat or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying Brainhat (or any work based on Brainhat), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying Brainhat or works based on it. Each time you redistribute Brainhat (or any work based on it), the recipient automatically receives a license from the original licensor to copy, distribute or modify Brainhat subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. 2. ENHANCEMENTS You are encouraged to return enhancements and modifications. By your permission, your material enhancements or modifications to Brainhat may be incorporated into the Brainhat distribution, and re-released to others. In turn, this may entitle you to a portion of the license fees collected for commercial use. The relative value of such enhancements will be solely the judgement of the Author or his authorized agents. Your modifications will become part of the full distribution, and so fall under the license restrictions outlined below. Under no circumstances does this entitle or guarantee you receipt of compensation of any sort from the Author. Compensation may be arranged solely by written agreement between you and the Author. 3. LIMITATIONS ON LICENSE. You may only use, copy, and modify Brainhat as expressly provided for in this Agreement. You must reproduce and include this Agreement, and any copyright notices on any copy and its associated documentation. No part of Brainhat may be incorporated into any program or other product that is sold, or for which any revenue is received without written permission of the Author. All rights not expressly granted herein to the licensee are reserved to the Author or his authorized agents. This License Agreement permits all non-commercial use and modification of Brainhat. The Author will permit commercial use of modified or unmodified versions of Brainhat ONLY BY SEPARATE WRITTEN AGREEMENT with the Author. This License Agreement otherwise prohibits any and all commercial uses of unmodified or modified versions of Brainhat. For the purposes of this License agreement, "commercial use" means any selling, bartering, trading or otherwise exchanging for consideration or compensation of any sort, whether payment, royalties, etc. 4. NO AUTHOR OBLIGATION: You (the licensee) are solely responsible for maintaining Brainhat and the security of the operating environment in which Brainhat may be used. You are solely responsible for all of your costs and expenses incurred in connection with the copying, modifying and distribution of Brainhat or any application program hereunder, and the Author shall have no liability, obligation or responsibility therefor. The Author shall have no obligation to provide maintenance, support, upgrades, or new releases to you (the licensee). 5. NO WARRANTY: Because Brainhat is licensed free of charge, there is no warranty for Brainhat, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide Brainhat "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of Brainhat is with you (the licensee). If Brainhat is defective, you (the licensee) assume the cost of all necessary servicing, repair or correction. 6. LIMITATION OF LIABILITY. Neither the Author, nor any other person who has been involved in the creation, production or delivery of Brainhat, shall be liable to you or to any other person for any direct, indirect, special, incidental, consequential, compensatory or punitive damages, even if the Author has been advised of the possibility of such damages. 7. TERM. The license granted hereunder is effective until terminated. This license shall automatically terminate without notice if you breach any of the provisions hereof. You may terminate it at any time by destroying Brainhat and associated documentation, if any. 8. GENERAL. If any portion or section of this License Agreement is held invalid or unenforceable under any particular circumstance, the balance of the License Agreement is intended to apply and the portion or section as a whole is intended to apply in other circumstances. This Agreement shall be governed by the laws of the State of Connecticut. Address all correspondence regarding this License Agreement to Kevin Dowd, Atlantic Computing Technology Corp, 1268 Main Street, Newington, CT 06111, or via electronic mail: dowd@atlantic.com.
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