Acknowledgment of Conditions for the Use and Non-disclosure of

ELLPACK Proprietary Materials

In consideration of the receipt from the Purdue Research Foundation (PRF) of one copy of a computer program, data base, operations manuals, or other research product(s), designated as Purdue ELLPACK, hereinafter called the WORK, the under signed representing
(Name and Address of Individual or Organization)
hereinafter called the LICENSEE, hereby agrees:
  1. To pay to PRF concurrently herewith an initial payment on the amount of $___________ for a __________ year term use fee which will also defray the cost of duplication, postage and handling for the WORK hereby received. Upon expiration of the above-mentioned term and payment of an annual renewal fee in the amount of $__________ on the anniversary of this acknowledgment, permission for the user of the software shall be automatically renewed for one year. This annual renewal fee shall be used to help defray the costs of continuing research and enhancement.
  2. The WORK is the property of PRF and shall be used only by recipients, and the WORK and/or copies thereof shall not be distributed in any form to others or used as a basis to sell computing services without the express permission of PRF.
  3. That the LICENSEE will not under any circumstances advertise or allow others to advertise or otherwise state or imply that PRF or Purdue University has tested or approved said WORK.
  4. To identify and file with PRF within thirty (30) days after accomplishment any enhancement, adaptation, rearrangement, or other modification beyond adding or deleting modules and procedures to the WORK: and further to regard and handle same under identical conditions and terms governing the use of the original WORK. Three copies of the computer printout of any such modified code will be submitted to PRF upon completion, and a computer tape of the modified code will be supplied upon receipt of a blank tape from PRF.
  5. To modify the acknowledgment or credits to the WORK immediately and only upon any request to do so by PRF.
  6. To recognize that PRF or Purdue University makes no warranty of any kind and does not guarantee maintenance or revision of the WORK.
  7. To cease use of the computer code upon failure to pay the annual renewal fee and to so notify PRF that said code has been removed from all media and destroyed.
  8. LICENSEE agrees to hold PRF, Purdue University and their agents harmless from any and all claims whatsoever arising from the use of the work or products associated with the work brought by a third party.

IN WITNESS WHEREOF I/WE have hereunto set my/our hand(s) this __________ day of __________, 19_____.

______________________________________ ______________________________________
(Signature) Witness
______________________________________ ______________________________________
(Typed name and title) Typed Name
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