1. Description of Product.
As used in this agreement,
“Product” means the full, integrated Version 1.0 of
the “MIBPB Software Package” and any associated documentation, developed by
2. Acknowledgements.
Licensee agrees to
acknowledge the use of MIBPB in publications or presentations by citing the
following references:
3. Prohibited Uses of the
Product.
Licensee may not make copies
of the Product that do not contain the notifications of copyright exactly as
provided in the Product supplied to Licensee by MSU.
Licensee may not transfer or
assign its rights under this License without the prior express written consent
of MSU.
4. Prohibited Uses of the University Name and
Marks.
Licensee agrees that it will
not use the MSU name or marks in publicity, advertising, fund-raising, or
similar activities without the prior written approval of MSU.
5. Intellectual Property.
6. Warranty.
THE SLIDE SOFTWARE IS
PROVIDED “AS IS”. MSU MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO LICENSEE OR TO
ANY OTHER PERSON OR ENTITY.
SPECIFICALLY, MSU MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF PRODUCT. MSU WILL
NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR
DAMAGES, EVEN IF MSU OR ITS EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL MSU
LIABILITY FOR ANY DAMAGES TO LICENSEE OR ANY PERSON EVER EXCEED THE FEE PAID
FOR THE LICENSE TO USE THE PRODUCT, REGARDLESS OF ANY FORM OF THE CLAIM.
Additional statements by
employees of MSU, such as correspondence or oral presentations, do not
constitute warranties by MSU and should not be relied upon.
7. Supplementary Provisions.
This License represents the
entire understanding and agreement between MSU and Licensee regarding the
Product, and supersedes any prior purchase order, communications, advertising,
or representations. This License may be
modified only in a written amendment signed by an authorized MSU officer. If any provision of this License shall be
unlawful, void, or for any reason unenforceable, it shall be deemed severable
from, and shall in no way affect the validity or enforceability of the
remaining provision of this agreement.
This License shall be governed by