This software was produced for the U.S. Government
under Contract No. F19628-94-C-0001, and is
subject to the Rights in Noncommercial Computer Software
and Noncommercial Computer Software Documentation Clause
DFARS 252.227-7014 (June 1995)
© 1998 The MITRE Corporation
Except as either included in the clause mentioned above, or as permitted below,
ALL RIGHTS RESERVED

SOFTWARE LICENSE

The MITRE Corporation (MITRE) hereby grants to the downloader of this software, MITRE's Channel Builder (CB) Software, a non-exclusive, non-transferable, royalty-free license to reproduce, distribute, publicly perform, publicly display and create derivative works of this software for the purpose of developing specific software applications. The downloader may sublicense the CB software to Third parties subject to these same terms and conditions, and provided that MITRE is credited as being the owner of the CB software. The downloader shall reproduce and include MITRE's copyright notice on any copies of the software and applications and derivatives thereof. All sublicensees must agree that the US Government will not be charged any license fee and/or royalties for products derived from MITRE's CB software.

This software is the copyrighted work of MITRE. No ownership or other proprietary interest in this software is granted you other than what is granted in this license.

If the downloader develops any enhancements or derivatives to the software which materially improves its operation, downloader agrees to make such enhancements available to MITRE without charge for its internal use or use on government programs on which MITRE is contracted to perform.

MITRE IS PROVIDING THE PRODUCT "AS IS" AND MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, CAPABILITY, EFFICIENCY, MERCHANTABILITY, OR FUNCTIONING OF THE CB SOFTWARE AND DOCUMENTATION. IN NO EVENT WILL MITRE BE LIABLE FOR ANY GENERAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, EVEN IF MITRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The downloader accepts this software on the condition that it indemnifies and holds harmless MITRE from any and all liability or damages, including attorneys' fees, court costs, and other related costs and expenses, arising out of its use of this software irrespective of the cause of said liability. Notwithstanding the above, the downloader shall have no obligation to indemnify MITRE against third party claims that the CB software downloaded pursuant to this Agreement infringes the patent, trademark, copyright, trade secret or other intellectual property right of any third party.

The export from the United States or the subsequent re-export of this software under any subsequent licenses may be subject to compliance with United States export control and munition control restrictions. The downloader agrees that in the event it seeks to export this software, it assumes full responsibility for obtaining all necessary export licenses and approvals and for assuring compliance with applicable reexport restrictions.

The downloader's use of the Channel Builder Software constitutes its acceptance of the terms and conditions of this license.