LICENSE AGREEMENT

BEFORE YOU CLICK ON THE ACCEPT BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.  BY CLICKING ON THE ACCEPT BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT DOWNLOAD AND/OR USE THIS INTELLECTUAL PROPERTY.

Readers of this document are requested to submit to Interchangeable Virtual Instruments, Inc. ("Licensor"), with their comments, notification of any relevant patent rights or other intellectual property rights of which they may be aware which might be infringed by any use of this intellectual property, software, or specification (the "Intellectual Property"), as appropriate, and to provide supporting documentation.

Copyright © 2002, Interchangeable Virtual Instruments Foundation, Inc.  All Rights Reserved.  IVI Foundation is the exclusive licensee of the "IVI" trademark and the Interchangeable Virtual Instruments Foundation, Inc. logo.

Attention is drawn to the possibility that some of the elements of this Intellectual Property may be the subject of patent or other intellectual property right (collectively, "IPR") of third parties. LICENSOR shall not be responsible now or in the future for identifying any or all such IPR.

Permission is hereby granted, free of charge and subject to the terms set forth below, to any person obtaining a copy of this Intellectual Property and any associated documentation, to deal in the Intellectual Property without restriction (except as set forth below), including without limitation the rights to implement, use, copy, modify, merge, publish, distribute, and/or sublicense copies of the Intellectual Property, and to permit persons to whom the Intellectual Property is furnished to do so, provided that the above copyright notice(s) appear in all copies of the Intellectual Property and that each person to whom the Intellectual Property is furnished agrees to the terms of this Agreement.  If you are not a member of LICENSOR, your license hereunder is limited to the use of the object code of the Intellectual Property and header files necessary to use the object code.  If you are a member of LICENSOR, your license extends to the source code of the Intellectual Property.

If you modify the Intellectual Property, all copies of the modified Intellectual Property must include, in addition to the above copyright notice, a notice that the Intellectual Property includes modifications that have not been approved or adopted by LICENSOR.

You may not charge for any sublicense of the Intellectual Property; provided however, that the Intellectual Property may be sublicensed together with another product so long as there is no separate charge for the Intellectual Property.

THE INTELLECTUAL PROPERTY IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.  THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE INTELLECTUAL PROPERTY WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE INTELLECTUAL PROPERTY WILL BE UNINTERRUPTED OR ERROR FREE.  ANY USE OF THE INTELLECTUAL PROPERTY SHALL BE MADE ENTIRELY AT THE USER'S OWN RISK.  IN NO EVENT SHALL THE COPYRIGHT HOLDER OR ANY CONTRIBUTOR OF IPR TO THE INTELLECTUAL PROPERTY BE LIABLE FOR ANY CLAIM, OR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY ALLEGED INFRINGEMENT OR ANY LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE IMPLEMENTATION, USE, COMMERCIALIZATION OR PERFORMANCE OF THIS INTELLECTUAL PROPERTY. 

This license is effective until terminated. You may terminate it at any time by destroying the Intellectual Property together with all copies in any form. It will also terminate if you fail to comply with any term or condition of this Agreement.  Except as provided in the following sentence, no such termination of this license shall require the termination of any third party end-user sublicense to the Intellectual Property which is in force as of the date of notice of such termination.  In addition, should the Intellectual Property, or the operation of the Intellectual Property, infringe, or in LICENSOR's sole opinion be likely to infringe, any patent, copyright, trademark or other right of a third party, you agree that LICENSOR, in its sole discretion, may terminate this license without any compensation or liability to you, your licensees or any other party.  You agree upon termination of any kind to destroy or cause to be destroyed the Intellectual Property together with all copies in any form, whether held by you or by any third party.

Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Intellectual Property without prior written authorization of the copyright holder.  LICENSOR is and shall at all times be the sole entity that may authorize you or any third party to use certification marks, trademarks or other special designations to indicate compliance with any LICENSOR standards or specifications.

This Agreement is governed by the laws of the State of Delaware.  The application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded. In the event any provision of this Agreement shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect.  No decision, action or inaction by LICENSOR shall be construed to be a waiver of any rights or remedies available to it.

The Intellectual Property is a "commercial item," as that term is defined in 48 C.F.R. 12.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Intellectual Property with only those rights set forth herein.  

None of the Intellectual Property or underlying information or technology may be downloaded or otherwise exported or reexported in violation of U.S. export laws and regulations.  In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the Intellectual Property, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.