Raven Pro Instructional License Agreement

 

IMPORTANT! READ CAREFULLY:  THIS IS A LEGAL AGREEMENT.

 

By clicking "Accept", you are agreeing to be bound by this agreement ("Agreement"). If you do not agree with all of the terms of this Agreement, do not accept the Agreement and the download or installation process will stop. If you have any questions, you may contact the Cornell Bioacoustics Research Program by telephone at 607-254-2408.

1.      DEFINITIONS

1.1.  "CLO" means the Cornell Laboratory of Ornithology, a unit of Cornell University, with offices located at 159 Sapsucker Woods Road, Ithaca, New York 14850, USA, telephone 607-254-2408.

 

1.2.  "Software" means all software that is provided to you by CLO as part of the Raven sound analysis program, including the Raven Java archive files, the Raven installer, and the Raven license file.

 

1.3.  "Documentation" means the written or on-line manual, help information, and other reference materials related to the Software, provided to you by CLO.

 

1.4. “Instructional Computer” means a computer used for instruction of students in a classroom, teaching laboratory, or other instructional setting.

2.      GRANT OF LICENSE

2.1  Instructional License Grant.  Upon your acceptance of this Agreement, CLO grants you the non-exclusive, non-transferable right to:

(a) save and use one copy of the Software on the hard disk of each of the number of Instructional Computers for which an Instructional License has been purchased, which copies can be used only by you and by instructors and/or students under your direct supervision;

(b) make one copy of the Software for archival purposes;

 

2.2  Limitation of License.  You may not:

(a) directly or indirectly sell, lease, rent, license, sublicense, redistribute, lend, give, or transfer the Software or Documentation;
(b) modify, translate, or create derivative works from the Software or Documentation, assign or otherwise transfer rights to the Software or Documentation;
(c) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software or any subsequent version thereof or any part thereof;

(d) modify the Software or disable any licensing or control features of the Software.

(e) use the software in any public display or any display that requires an admission price to be paid to allow access to the Raven software, beyond the normal tuition and fees paid to the parent institution to attend the specific class or lab session in which Raven is being used;

(f) charge money for any outputs of the Raven software including but not limited to electronic or printed images generated by the software.

3.      OWNERSHIP

3.1.  Ownership.  The Software and Documentation are owned and copyrighted by CLO and its third-party suppliers. The Java Runtime Environment and some other portions of the Software are owned and copyrighted by Sun Microsystems, Inc. ("Sun"), and are redistributed by CLO subject to the terms of a license agreement between CLO and Sun. This Agreement confers no title or ownership in the Software or Documentation and is not a sale of any rights in the Software or Documentation.

 

3.2.  Source Code.  Nothing in this Agreement grants you, and/or any person(s) acting with or for you any rights, license or interest with respect to the source code of the Software.

4.      DISCLAIMER OF WARRANTIES

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS AND CLO MAKES NO REPRESENTATIONS OR WARRANTIES (WRITTEN OR ORAL). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLO DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER AND TO ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. NO WARRANTY IS MADE THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.

5.      LIMITATION OF LIABILITY

IN NO EVENT SHALL CLO OR ITS DIRECTORS, FACULTY, OR EMPLOYEES, BE LIABLE FOR DAMAGES TO OR THROUGH YOU OR ANY OTHER PERSON OR ENTITY FOR BREACH OF, ARISING UNDER, OR RELATED TO THIS AGREEMENT OR THE USE OF SOFTWARE OR DOCUMENTATION PROVIDED HEREUNDER, UNDER ANY THEORY INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR ANY OTHER LOSS) WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

6.      INDEMNIFICATION

You agree to fully indemnify and hold harmless CLO and Sun from and against any and all claims, liabilities, demands, suits, losses, damages, costs, settlement amounts, and/or expenses, including but not limited to attorneys' fees,  arising out of your use of the Software.

7.      GOVERNING LAW

Any action related to this Agreement will be governed by the laws of the state of New York and controlling U. S. federal law. No choice of law rules of any jurisdiction will apply.