License

Plain English Summary:

This is a non-commercial academic license which grants you the right to use, extend, and/or modify MABE for academic (and personal) projects, as long as you provide the proper attribution if/when you publish or share MABE. You may not use MABE commercially without first obtaining permission from Michigan State University. If you are interested in a commercial license, please contact MSU Technologies ([email protected]).

We are very interested in helping you succeed with your work, as well as we are always seeking collaborators, and we want to facilitate collaboration and code usage. So please contact us for help, collaborations, and if you publish code, we want to talk with you about code integration, so that others can benefit from your work as well.

Downloading this code means you agree to the terms and conditions of the attached license. It is critical that you understand what this license means and how it may impact your research plans. Please contact your technology transfer office or your office of the general counsel for review of the terms prior to downloading. Once you download this code, you and your institution have agreed to be bound by the terms of the license.

MSU, Arend Hintze, Clifford Bohm, and Chris Adami are not liable for anything involving the code that you download. (So if you evolve Skynet, that's on you!)

MICHIGAN STATE UNIVERSITY ACADEMIC SOFTWARE USE AGREEMENT

The Parties to this Agreement are: Michigan State University, 325 East Grand River, Suite 350, East Lansing, Michigan 48823 (hereinafter referred to as "MSU") and the recipient of the Software (as defined below) (hereinafter referred to as “LICENSEE”) and is effective as of the date the Software in whole or part, is downloaded (“Effective Date”). WHEREAS, LICENSEE desires to license the Software, as defined hereinafter, and MSU wishes to have this Software utilized and MSU desires to grant a license on the following terms and conditions; and WHEREAS, MSU is the sole owner of the right, title and interest in such Software. Therefore, in consideration of the mutual covenants contained herein and with the intention of being legally bound under the laws of the State of Michigan, the parties agree as follows:

1. Definitions

“Software” means the copyright in the Modular Agent Based Evolution Framework software (MABE) developed at MSU including the Source Code and related documentation. “Derivative Works" means for material subject to copyright protection, any derivative work (the term "derivative work" being used with the same meaning as in the Copyright Act of 1976, as amended) which is based on one or more pre-existing works of the Software. "Source Code" means the human readable version, in whole or in part, of the Software. Source Code includes comments, utilities, lists, notes, instructions, data diagrams and related supporting technical documentation.

2. License

2.1. Grant.

Subject to the terms of this Agreement, MSU hereby grants to LICENSEE, solely for academic non-commercial research purposes, a non-exclusive, non-transferable license to: (a) download, execute and display the Software and (b) create bug fixes and Derivative Works of the Software. LICENSEE hereby automatically grants to MSU a non-exclusive, royalty-free, irrevocable license to any LICENSEE bug fixes and Derivative Works to the Software with unlimited rights to sublicense and/or distribute. Any and all Derivative Works of Software shall be used by LICENSEE solely for academic non-commercial research purposes. LICENSEE agrees to provide any such Derivative Works and bug fixes to MSU promptly upon their creation. The LICENSEE may apply the Software to data owned by parties other than the LICENSEE and provide these parties the results of the Software provided LICENSEE does so for academic non- commercial purposes only. For clarification purposes, academic sponsored research is not a commercial use under the terms of this Agreement.

2.2. No Sublicensing or Additional Rights.

LICENSEE shall not sublicense or distribute the Software or Derivative Works in whole or in part, without prior written permission from MSU. LICENSEE shall ensure that all of its users agree to the terms of this Agreement. LICENSEE further agrees that it shall not put the Software on a network, server, or other similar technology that may be accessed by anyone other than the LICENSEE and its employees and users who have agreed to the terms of this agreement.

2.3. License Limitations.

Nothing in this Agreement shall be construed to confer any rights upon LICENSEE by implication, estoppel, or otherwise to any computer software, trademark, intellectual property, or patent rights of MSU, or of any other entity, except as expressly granted herein. LICENSEE agrees that the Software, in whole or part, shall not be used for any commercial purpose, including without limitation, as the basis of a commercial software or hardware product or to provide services. LICENSEE further agrees that the Software shall not be copied or otherwise adapted in order to circumvent the need for obtaining a license for use of the Software.

3.

LICENSEE acknowledges that title to the Software shall remain with MSU. The Software is marked and LICENSEE shall mark Derivative Works with the following MSU copyright notice and notice of attribution to contributors. LICENSEE shall retain such notice on all copies of Software and Derivative Works. LICENSEE agrees to include appropriate attribution if any results obtained from use of the Software or Derivative Works are included in any publication. Copyright © 2016 Board of Trustees of Michigan State University Notice of Attribution: This software was created at Michigan State University by Arend Hintze, Christoph Adami and Clifford Bohm.

4.

LICENSEE agrees that Software will not be disclosed in violation of any applicable export control regulations.

5.

There shall be no further distribution, transfer or publication of the Source Code, the Software, or Derivative Works and related documentation, nor associated run-time applications, whether standalone or embedded, for use by any third party. Notwithstanding the foregoing, Derivative Works may be published strictly for academic non-profit research purposes with license terms consistent with the terms of this license and any publication of Derivative Works must include attribution as described in section 3 and the link to the original Software website.

6.

MSU retains title to the Software, and LICENSEE shall not obtain any ownership rights in Software.

7.

LICENSEE UNDERSTANDS AND AGREES THAT THE SOFTWARE IS PROVIDED "AS IS", AND MSU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH REGARD TO SOFTWARE TO BE PROVIDED BY MSU UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS .

8.

MSU ASSUMES NO LIABILITY UNDER THIS AGREEMENT. IN NO EVENT WILL MSU BE LIABLE FOR ANY LOSS OF DATA, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE TECHNOLOGY OR SERVICES OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE OR OTHERWISE ARISING OUT OF THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF MSU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

9.

This Agreement is personal to LICENSEE and any rights or obligations assigned by LICENSEE without the prior written consent of MSU shall be null and void.

10.

LICENSEE agrees that it will follow all applicable guidelines, laws, regulations, and government agency guidelines regarding the use, transport and security of such Software.

11.

To the extent that it is able, LICENSEE will acknowledge the use of the Software (as described in 3) in all publications and presentations based on the use of the Software.

12.

If LICENSEE breaches any provision hereunder, and fails to cure such breach within thirty (30) days, MSU may terminate this Agreement immediately. Upon termination, LICENSEE shall provide MSU with written assurance that the original and all copies of the Software and Derivative Works have been destroyed, except that, upon prior written authorization from MSU, LICENSEE may retain a copy for archive purposes.

13.

Paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 13 and 14 shall survive termination of the Agreement.

14.

This Agreement shall be construed, governed, interpreted and applied in accordance with the internal laws of the state of Michigan.