Planguage License Agreement
The Planguage suite is freely available for non-profit use.
By downloading the Planguage suite from this site you agree to
the terms and conditions of the End-User Agreement below,
which governs the Planguage distribution.
By clicking on the Accept button (at the bottom of this page),
you acknowledge that you have read
this agreement and understand it, and that by installing or executing
the Licensed Products, or making any other use of it, you agree to be
bound by its terms and conditions and enter into this License Agreement
by and between the University of Houston (hereinafter referred to as
the "Licensor"), an institution of higher education, duly organized
and existing under the laws of the State of Texas.
1.1. "Licensed Products" means Planguage Suite, consisting of the
Pfortran systems, and the parallel simulator, isim, the computer programs,
files as well as any modifications or derivative works made by Licensee.
1.2. "Derivative Works" means a work that is based upon one
pre-existing works, such as revision, modification, translation,
abridgement, or any other form in which such pre-existing works may
be recast, transformed, or adapted. Alternative term is modification.
2. Scope of Rights
3. Proprietary Rights
- 2.1. Licensor hereby grants Licensee a nontransferable and non-exclusive
- 126.96.36.199. To install the Licensed Products on authorized processors, owned,
leased or otherwise controlled by Licensee's organization in Licensee's
- 188.8.131.52. To use and execute all other portions of the Licensed Products
for the sole purpose of serving the internal needs of Licensee's business;
- 184.108.40.206. To make copies of the Licensed Products as necessary for the
foregoing purpose, and an appropriate amount of copies solely for
non-productive back-up purposes in accordance with Licensee's standard
procedures, provided that Licensee accounts for such copies.
- 2.2. No rights are provided to use the Licensed Products for profit-making
or commercial purposes, including, but not limited to sale; use in
manufacturing; or provision of a commercial service based upon the
- 2.3. Any use, copying or distribution of the Licensed Products not authorized
by this License Agreement shall automatically terminate Licensee's right
license hereunder. Further, the Licensee agrees to prevent unauthorized
copying of the Licensed Products and Derivative Works. This grant shall
limited to use of the Licensed Products with the equipment for which the
Licensed Products is certified in Licensor's published specifications.
of the Licensed Products on processors accessible through communications
networks through terminals and devices not on premises owned or controlled
by Licensee is prohibited unless otherwise agreed to in writing by Licensor.
- 2.4. Licensee may not sublicense the software covered by this agreement.
4. Terms and Termination
- 3.1. Title to the Licensed Products, including all copies and derivative
works thereof prepared by Licensee's organization, shall be in and remain
with Licensor. Licensee hereby assigns to Licensor ownership of all such
copies and derivative works, and agrees that all derivative work shall
be treated as works made for hire to the extent permissible under copyright
- 3.2. The Licensed Products contains substantial trade secrets of Licensor,
and Licensee agree that Licensee's organization shall employ reasonable
security precautions to maintain the confidentiality of such trade secrets.
As to any source code, system information or other proprietary information
furnished to Licensee by Licensor, Licensee agree that Licensee's organization
shall at all times prevent disclosure or dissemination of the name or
of the trade secrets embodied therein to any person, firm, organization,
or employee, except as necessary to exercise the rights granted to Licensee
hereunder, provided such person, firm, organization, or employee has agreed
to comply with the terms of this License Agreement relating to the same.
Licensee agrees not to "unlock," decompile or reverse-assemble the binary
or object code version of the Licensed Products, as the terms are generally
used in the trade.
- 3.3. Licensor claims and reserves all rights and benefits afforded under
federal and international copyright law in all programming and documentation
comprising the Licensed Products as copyrighted works. Licensee shall
reproduce and include in all copies of the Licensed Products prepared
by Licensee's organization (and in all derivative works thereof) the copyright
notice(s) and proprietary legends(s) of Licensor and Licensor's licensors/vendors
(if any) as they appear in the Licensed Products and on the media containing
the Licensed Products supplied hereunder.
- 3.4. Licensee acknowledges that he/she has no right, title, nor interest
in or to any of Licensor's copyright, trademark, patent, or other proprietary
rights relating to the Licensed Products, and agrees not to remove, alter,
cover or obscure any copyright, patent, trademark or other proprietary
rights notice on the Licensed Products or any portion thereof.
5. Liabilities and Warranties
- 4.1. The term of this Agreement shall commence upon the date of execution
of the last party to accept electronically this Agreement and shall continue
until terminated in accordance with the provisions herein.
- 4.2. Licensor may terminate License Agreement immediately upon written
notice to Licensee's organization in the event of the breach of any material
obligation hereunder by Licensee's organization.
- 4.3. Licensee may terminate License Agreement without cause, upon written
notice to Licensor.
- 4.4. Upon expiration or termination of the License Agreement, for any
reason, Licensee's organization shall, within ten (10) days of such
destroy all copies of the Licensed Products, and a written notice of their
destruction shall be given to Licensor. In addition, one (1) copy of each
of the derivative works shall be sent to Licensor within ten (10) days
of termination of this license.
- 4.5. Licensee and Licensee's organization's obligation respecting non-use
and nondisclosure of Licensor's confidential information or trade secrets
contained in the Licensed Products or otherwise provided to Licensee,
shall survive termination of this Agreement and shall remain in effect
for so long as such information shall remain proprietary to Licensor.
- 5.1. Software is provided "AS IS" with no warranty and no claims to fitness
- 5.2. Except as stated in this section, licensor and its affiliates, subcontractors,
and representatives make no warranties, express or implied, and specifically
disclaim other warranties, including (without limitation) any warranty
of merchantability or fitness for a particular purpose.
- 5.3. Except to the extent prohibited by law, licensee assumes all liabilities
for damages that may arise from use, storage or disposal of Licensed Products.
Licensor will not be liable to Licensee for any loss, claim or demand
made by Licensee, or made against Licensee by any other party, due to
or arising from the use of the Licensed Products by Licensee, except to
the extent permitted by law when caused by the gross negligence or willful
misconduct by Licensor.
- 6.1. Licensee shall indemnify, defend and hold harmless Licensor and its
current or former directors, governing boards members, trustees, officers,
faculty, medical and professional staff, employees, students, and agents
and their respective successors, heirs and assigns, against any liability,
damages, loss or expenses including reasonable attorneys' fees and expenses
of litigation incurred by or imposed upon the Indemnitees or any one of
them in connection with any claims, suits, actions, demands or judgements
arising out any theory of product liability (including, but not limited
to, actions in the form of tort, warranty, or strict liability) concerning
any product, process or service made, used or sold pursuant to any right
or license granted under this License Agreement.
- 7.1. The provisions of Sections 3 through 6 hereof shall continue to apply
in accordance with their terms, notwithstanding the termination of the
- 7.2. Written notices required to be given under this License Agreement
shall be addressed as follows, and shall be in English:
- Arthur C. Vailas
- University of Houston
- 4800 Calhoun Rd.
- Houston, Texas 77204-2163
- 7.3. The waiver, by either party, of any term or provision of this License
Agreement, shall not be deemed to constitute a continuing waiver of such
term or provision, or of any further or additional rights such party may
hold under this License Agreement.
- 7.4. Should a court of competent jurisdiction later consider any provision
of this License Agreement to be invalid, illegal, or unenforceable, it
shall be considered severed from this Agreement. All other provisions,
rights and obligations shall continue without regard to the severed provision,
provided that the remaining provisions of this License Agreement are in
accordance with the intention of the parties.
- 7.5. This agreement constitutes the entire understanding between the parties
and neither party shall be obligated by any condition or representation
other than those expressly stated herein or as may be subsequently agreed
to by the parties hereto in writing.
- 7.6. This agreement shall be interpreted and construed in accordance with
the laws of the State of Texas.
- 7.7. Licensee agrees that neither the Licensed Products nor Derivative
Works is intended to be shipped either directly or indirectly to country
groups Q, S, W, Y, Z, Afghanistan or the People's Republic of China, unless
a validated export license is obtained from the U.S. Department of Commerce.
- 7.8. Segments incorporated into the Licensed Products and the corresponding
documentation were developed at private expense and are provided with
"RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government
is subject to restrictions as set forth in FAR 52.227-14 and DFAR 252.227-7013
et seq., or its successor.