CNRI DurusWorks License Agreement 1. This CNRI DurusWorks License Agreement ("License Agreement") is between Corporation for National Research Initiatives ("CNRI"), having an office at 1895 Preston White Drive, Reston, VA 20191-5434, and the Individual or Organization ("Licensee") that has installed or otherwise used CNRI's DurusWorks software, together with its associated documentation ("Software"). Licensee shall be deemed to have entered into, signed and agreed to be bound by the terms and conditions of this License Agreement upon such installation or other use. 2. Subject to the terms and conditions of this License Agreement, CNRI hereby grants Licensee a non-exclusive, royalty-free, world-wide license to reproduce, distribute, perform and/or display publicly, prepare derivative works, and otherwise use the Software, in source or binary form, provided, however, that the CNRI copyright notice and this License Agreement are both retained in the Software alone or in any derivative version prepared by Licensee. 3. In the event Licensee prepares a derivative work that is based on or incorporates the Software, or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to the Software. 4. CNRI is making the Software available to Licensee on an "AS IS" basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. 5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OFTHE POSSIBILITY THEREOF. 6. This License Agreement will automatically terminate upon a material breach of its terms and conditions. Nothing in the License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee. The License Agreement does not grant permission to use the mark DURUS or other CNRI trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party. 7. This License Agreement shall be governed by United States federal law, and, to the extent such federal law does not apply, by the law of the Commonwealth of Virginia, excluding Virginia's conflict of law provisions. Notwithstanding the foregoing, with regard to derivative works based on the Software that incorporate non-separable material that was previously distributed under the GNU General Public License, the law of the Commonwealth of Virginia shall govern the License Agreement only as to issues arising under or with respect to Paragraphs 4, 5, and 7 of the License Agreement.