MADA + TOKAN

Downloading and using MADA+TOKAN requires accepting the terms contained in this license; this is now done digitally during the software download, so users no longer need to email or fax a signed license form. Please forgive the legalese.

License


NON-COMMERCIAL SOFTWARE LICENSE AGREEMENT

Name of Program: MADA

BY DOWNLOADING, INSTALLING OR USING THIS SOFTWARE PROGRAM OR ITS RELATED 
DOCUMENTATION (COLLECTIVELY, THE "PROGRAM"), YOU ACKNOWLEDGE THAT YOU HAVE 
READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND 
AGREE TO BE BOUND BY THEM. WE RECOMMEND THAT YOU PRINT A COPY OF THIS AGREEMENT 
FOR YOUR RECORDS.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT
DOWNLOAD, INSTALL OR USE THE PROGRAM.

YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND
THE ORGANIZATION NAMED IN YOUR REGISTRATION FORM, IF ANY, AND IF SUCH AN 
ORGANIZATION IS NAMED, SUCH ORGANIZATION SHALL BE DEEMED TO BE "YOU" FOR THE 
PURPOSE OF THIS AGREEMENT. IF NO SUCH ORGANIZATION IS NAMED, THEN "YOU" SHALL 
REFER TO YOU INDIVIDUALLY.

This Non-Commercial Software License Agreement (the "Agreement") is between The 
Trustees of Columbia University in the City of New York, a non-profit private 
educational institution, having a principal place of business at 116th St. and 
Broadway, New York, New York 10027, U.S.A. ("Columbia") and You (as defined 
above).

1. License Grant. Columbia grants You a non-exclusive and non-transferable 
license to install, display, and use one (1) copy of the Program for internal, 
non-commercial, academic and research purposes. You shall not use the Program 
in a production environment or to process actual business data, or for any other 
commercial purpose. Columbia reserves the right to make corrections, 
improvements or enhancements to the Program without notice to You and without 
obligation to furnish the said corrections, improvements or enhancements to You.

2. Restrictions. You will not (i) reproduce or copy the Program, except that 
You may make one (1) copy of the Program solely for archival purposes, provided 
that You agree to reproduce all copyright and other proprietary right notices on 
the archival copy; (ii) use, or cause or permit the use of, the Program in whole 
or in part for any purpose other than as permitted under this Agreement; (iii) 
distribute, sell, lease, sublicense or otherwise transfer rights to the Program 
to any third party; (iv) reverse engineer, decompile, disassemble or otherwise 
attempt to derive the source code for the Program (except to the extent 
applicable laws specifically prohibit such restriction); (v) modify or create 
any derivative works of the Program, including translation or localization; or 
(vi) remove or alter any patent, trademark, logo, copyright or other proprietary 
notices, legends, symbols or labels in the Program. Prior to any commercial use, 
lease, distribution, transfer, sublicense or sale of any product utilizing, 
derived from, or incorporating, in whole or any part, the Program, You must 
obtain a license permitting commercial use of the Program from Columbia, which 
Columbia may grant to You in its sole discretion.

Any such use, lease, distribution, transfer, sublicense or sale without a 
written license from Columbia permitting such commercial use, distribution, 
sublicense or sale shall be VOID AND EXPRESSLY PROHIBITED.

To negotiate such license agreement, contact:

Columbia Technology Ventures
Columbia University
80 Claremont Avenue #4F
New York, NY 10027
(212) 854-8444
techventures@columbia.edu

3. Term and Termination. The term of this Agreement shall continue until 
terminated in accordance with this Section 3. You may terminate this Agreement 
at any time by destroying all copies of the Program.

This Agreement, and the rights granted hereunder, will terminate automatically, 
and without any further notice from or action by Columbia, if You fail to comply 
with any obligation set forth herein. Upon termination, You must immediately 
cease use and destroy all copies of the Program and verify such destruction in 
writing. Columbia shall have the right to disable electronically Your 
unauthorized use of the Program and resort to other "self help" measures 
Columbia deems appropriate. Sections 2-9 and 11-13 shall survive expiration or 
termination of this Agreement.

4. No Obligation to Support. It is understood and agreed that Columbia will 
provide no maintenance or installation services of any kind, error corrections, 
bug fixes, patches, updates or other modifications hereunder. In the event that 
Columbia, at its sole option, provides updates, error corrections, bug fixes, 
patches or other modifications to the Program to You ("Program Updates"), the 
Program updates will be considered part of the Program, and subject to the 
terms and conditions of this agreement.

5. Proprietary rights. Title to the Program, and patents, copyrights, trademarks 
and all other intellectual property rights applicable thereto, shall at all 
times remain solely and exclusively with Columbia and its suppliers, and You 
shall not take any action inconsistent with such ownership. Any rights not 
expressly granted herein are reserved to Columbia and its suppliers. You will 
not use or display any trademark, trade name, insignia, or symbols of Columbia, 
its faculties or departments, or any variation or combination thereof, or the 
name of any trustee, faculty member, other employee, or student of Columbia, for 
any purpose whatsoever without Columbia's prior written consent.

6. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLUMBIA 
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT 
TO THE PROGRAM, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND 
CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS, ADEQUACY OR SUITABILITY FOR A 
ARTICULAR PURPOSE, USE OR RESULT, OR ARISING FROM A COURSE OF DEALING, USAGE OR 
TRADE PRACTICE, AND ANY WARRANTIES OF FREEDOM FROM INFRINGEMENT OF ANY DOMESTIC 
OR FOREIGN PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OF ANY 
PARTY. COLUMBIA SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED 
IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN COMBINATIONS OR IN 
A MANNER SELECTED FOR USE BY YOU, OR THAT THE OPERATION OF THE LICENSED SOFTWARE 
WILL BE UNINTERRUPTED OR ERROR FREE.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL COLUMBIA BE LIABLE TO YOU FOR ANY 
DAMAGES RESULTING FROM LOSS OF DATA, LOST PROFITS, LOSS OF USE OF EQUIPMENT OR 
LOST CONTRACTS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR 
ONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE USE OR 
PERFORMANCE OF THE PROGRAM OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED, EVEN 
IF COLUMBIA HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. COLUMBIA'S 
ENTIRE LIABILITY TO YOU, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY 
OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY), SHALL NOT EXCEED IN THE 
AGGREGATE THE SUM OF TEN U.S. DOLLARS ($10.00).

8. Exports. You agree to comply with all applicable export laws and regulations 
of all jurisdictions with respect to the Program and obtain, at your own 
expense, any required permits or export clearances, copies of which you shall 
provide to Columbia prior to such export.

9. U.S. Government Agencies. If You are an agency of the United States 
Government, the Program constitutes "commercial computer software" or 
"commercial computer software documentation." Absent a written agreement to 
the contrary, the Government's rights with respect to the Program are limited 
by the terms of this Agreement, pursuant to FAR 12.212(a) and/or 
DFARS 227.7202-4, as applicable.

10. Assignment. Neither this Agreement nor any rights, obligations or licenses 
granted hereunder may be assigned or delegated by You without the prior written 
consent of Columbia. This Agreement shall inure to the benefit of the parties 
and their permitted successors and assigns.

11. Governing Law; Jurisdiction and Venue. This Agreement shall be governed by 
New York law applicable to agreements made and to be fully performed in New 
York, without reference to the conflict of laws principles of any jurisdiction. 
The parties agree that any and all claims arising under this Agreement or 
relating thereto shall be heard and determined either in the United States 
District Court for the Southern District of New York or in the Courts of the 
State of New York located in the City and County of New York, and the parties 
agree to submit themselves to the personal jurisdiction of those Courts and to 
waive any objections as to the convenience of the forum.

12. Severability. If any provision of this Agreement shall be held by a court of 
competent jurisdiction to be illegal, invalid or unenforceable, the remaining 
provisions shall remain in full force and effect.

13. Miscellaneous. (a) This Agreement and its exhibits contain the entire 
understanding and agreement between the parties respecting the subject matter 
hereof. (b) This Agreement may not be supplemented, modified, amended, released 
or discharged except by an instrument in writing signed by each party's duly 
authorized representative. (c) All captions and headings in this Agreement are 
for purposes of convenience only and shall not affect the construction or 
interpretation of any of its provisions. (d) Any waiver by either party of any 
default or breach hereunder shall not constitute a waiver of any provision of 
this Agreement or of any subsequent default or breach of the same or a different 
kind. (e) This Agreement shall be binding upon and shall inure to the benefit 
of the parties, their successors and permitted assigns.