COSI-Corr: Measuring Ground Deformation from Optical Satellite and Aerial images

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NONEXCLUSIVE, NON-TRANSFERABLE
LICENSE AGREEMENT FOR RESEARCH PURPOSES ONLY
FOR COSI-Corr Software (Co-registration of Optically Sensed Images and Correlation).

The California Institute of Technology (CIT) will provide you, a not-for-profit institution (LICENSEE), with the Co-registration of Optically Sensed Images and Correlation Software (COSI-Corr). Software is made available to LICENSEE on the following terms:

1. Definitions:
(a) The “Software” is defined as the package consisting of the source code and the compiled version of the software that allows for Co-registration of Optically Sensed Images and Correlation, based on the algorithms described in S. Leprince, S. Barbot, F. Ayoub and J. P. Avouac, “Automatic, Precise, Ortho-rectification and Coregistration for satellite Image Correlation, Application to Ground Deformation Measurement”, IEEE Transactions on Geoscience and Remote Sensing, In Press 2006, and in F. Ayoub, S. Leprince and J.P. Avouac, “Aerial Photography for Seismic Ground Deformation Measurement”, Submitted to ISPRS, 2006.

(b) “Source Code” is defined as code written in human-readable format or in a high-level program language.

(c) “Derivative Works” means any work consisting of revisions, annotations, elaborations, or other modifications to Software which, as a whole, represent an original work of authorship. Derivative Works includes any updates and new releases of the Software developed during the term of this license, inclusive of backups, updates, or merged copies permitted hereunder including the file structures, programming instructions, user interfaces and screen formats and sequences.

2. CIT retains ownership of any copyright rights to the Software licensed under this Agreement.

3. CIT agrees to grant LICENSEE a nonexclusive, non-transferable, royalty-free license, under the copyright rights and any applicable patent rights, to use COSI-Corr for internal research purposes only. This license specifically excludes the right to sublicense COSI-Corr in any form, and it also excludes the right to use COSI-Corr for any commercial or for-profit purpose.

4. LICENSEE agrees to grant Caltech a fully paid-up, royalty-free nonexclusive license for educational and research purposes to any Derivative Works of Software that are owned or controlled by Licensee.

5. LICENSEE may incorporate Software with other source code developed by LICENSEE (Incorporated Work) for the sole purpose of using Software for research internal to LICENSEE and not for any other redistribution. LICENSEE may not distribute any Incorporated Work outside of LICENSEE, and specifically LICENSEE may not provide Software or any Incorporated Work under an open source license such as the Gnu Public License (www.gpl.org). If the creation of an Incorporated Work would require LICENSEE to distribute Software under an open source license, then LICENSEE agrees not to make such incorporation.

6. Software is experimental in nature and is being licensed as is. The license of COSI-Corr does not include any technical support or documentation.

7. LICENSEE hereby represents and warrants that it is a not-for-profit entity.

8. CIT represents and warrants that it has the right to license Software.

9. LICENSEE agrees that any person within LICENSEE utilizing Software will be advised of, and is subject to, the conditions in this Agreement.

10. NO WARRANTY: SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND INCLUDING ANY WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE (AS SET FORTH IN UCC 23212-2313) OR FOR ANY PURPOSE WHATSOEVER, HOWEVER USED.
IN NO EVENT SHALL CIT BE LIABLE FOR ANY DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER CIT SHALL BE ADVISED, HAVE REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY.
LICENSEE BEARS ALL RISK RELATING TO QUALITY AND PERFORMANCE OF SOFTWARE OR ANY DERIVATIVE WORKS THEREOF.

11. All right, title, and interest in and to all data, information, and inventions that result from use of Software by the LICENSEE shall vest in and belong to the LICENSEE.

12. This Agreement is governed by the laws of the State of California, and any action brought hereunder shall be within the state of California.

13. By clicking the I Agree below, you agree to abide by all the terms and conditions of this agreement.

Name:

Email:

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Institution:

Street:

City:

State:

Zip Code:

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Provide a short description of the applications you intend to use this software with.