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LICENSE
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Volpe Center
End User License Agreement
For Resilience and Disaster Recovery (RDR) Tool Suite.
IMPORTANT - READ CAREFULLY: THIS END USER LICENSE AGREEMENT
(“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (IN YOUR CAPACITY
AS AN INDIVIDUAL AND AS AN AGENT FOR YOUR COMPANY, INSTITUTION OR
OTHER ENTITY) (COLLECTIVELY, “YOU” OR “LICENSEE”) AND THE U.S.
DEPARTMENT OF TRANSPORTATION, JOHN A. VOLPE NATIONAL
TRANSPORTATION SYSTEMS CENTER (“VOLPE CENTER”). DOWNLOADING,
INSTALLING, USING, OR COPYING OF THE SOFTWARE (AS DEFINED BELOW)
BY YOU OR BY A THIRD PARTY ON YOUR BEHALF INDICATES YOUR
AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO
NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
Description of the RDR Tool Suite:
“Resilience and Disaster Recovery (RDR) Tool Suite” is the software tool that the
Volpe Center created to facilitate return on investment analyses of resilient
transportation infrastructure investments across a range of uncertain hazard scenarios.
1. LICENSE. The Volpe Center grants you, and you hereby accept, a non-exclusive, non-
transferable, royalty-free license to install and use the software, in executable code
format only, together with any associated media, printed materials, and electronic
documentation (if any) provided by the Volpe Center (collectively, the “Software” or
“RDR Tool Suite”), subject to the following terms and conditions:
a) You may use the Software solely for your own internal use. You agree that you will not
use the Software for any commercial purpose. If you desire to use the Software
in any purpose other than use as described in this paragraph, you must
seek written permission from the Volpe Center by contacting by email
addressed to: kristin.lewis@dot.gov.
b) The software may be used solely by the individual downloading the software who has
agreed to the terms of this license. You may not transfer a copy of the Software to any
third party, nor may you allow the Software to be accessed over a network or the internet
in a manner that would allow users to access the Software who are not employed by you,
without the prior written consent of the Volpe Center;
c) You may copy the Software solely to the extent reasonably necessary to exercise the
foregoing license, and for backup and archival purposes; provided however that (i) you
must reproduce all proprietary notices on any copies of the Software and you must not
remove or alter those notices; (ii) all copies of the Software shall be subject to the terms
of this Agreement; and (iii) you may not otherwise copy or allow copies of the Software
to be made; (iv) you may not use the Volpe Center, U.S. Department of Transportation,
or U.S. government name nor any adaptation thereof, nor the names of any their
employees in any advertising, promotional or sales literature, except that you as the
licensee shall give appropriate credits in professional journals and publications as
follows: “Volpe, The National Transportation Systems Center. [current release as of use].
Resilience and Disaster Recovery Tool Suite. Cambridge, MA.”; and
d) You may not modify, alter, or create derivative works of the Software in any manner. You
may not rent, lease, loan, sublicense, distribute or transfer the Software to any third
party.
2. NO MAINTENANCE OR SUPPORT. The Volpe Center is under no obligation
whatsoever to: (i) provide maintenance or support for the Software; or (ii) to notify you
of bug fixes, patches or upgrades to the Software (if any). If, in its sole discretion, the
Volpe Center makes a Software bug fix, patch or upgrade available to you and the Volpe
Center does not separately enter into a written license agreement with you relating to
such bug fix, patch or upgrade, then it shall be deemed incorporated into the Software
and subject to this Agreement.
3. LICENSE FEE. The software is provided at no cost to the licensee.
4. U.S. GOVERNMENT RIGHTS. The Software was developed by the Volpe
Center. The U.S. Department of Transportation and U.S.
Government hereby reserve all rights, title and interest in and to the
Software which are not explicitly granted to you herein; and without limiting the
generality of the foregoing, you do not acquire any rights, express or implied, in the
Software, other than those specifically set forth in this Agreement.
5. WARRANTY DISCLAIMER. THE SOFTWARE IS SUPPLIED “AS IS”
WITHOUT WARRANTY OF ANY KIND. THE VOLPE CENTER, THE UNITED
STATES, THE UNITED STATES DEPARTMENT OF TRANSPORTATION, AND
THEIR EMPLOYEES: (1) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-
INFRINGEMENT, (2) DO NOT ASSUME ANY LEGAL LIABILITY OR
RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF THE SOFTWARE, (3) DO NOT REPRESENT THAT USE OF THE
SOFTWARE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, (4) DO
NOT WARRANT THAT THE SOFTWARE WILL FUNCTION
UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE
CORRECTED.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL THE VOLPE CENTER, U.S.
DEPARTMENT OF TRANSPORTATION, UNITED STATES BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE
DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED
TO LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON
WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS
OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR
OTHERWISE, EVEN IF THE VOLPE CENTER HAS BEEN WARNED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL THE VOLPE
CENTER’S LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH
THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
7. INDEMNITY. You shall indemnify, defend, and hold harmless the Volpe
Center, the U.S. Department of Transportation, the U.S.
Government, the Software developers, the Software sponsors, and their agents,
officers, and employees, against any and all claims, suits, losses, damage, costs,
fees, and expenses arising out of or in connection with this Agreement. You shall
pay all costs incurred by the Volpe Center in enforcing this provision, including
reasonable attorney fees.
8. TERM AND TERMINATION. The license granted to you under this Agreement will
continue perpetually unless terminated by the Volpe Center in accordance with this
Agreement. If you breach any term of this Agreement, and fail to cure such breach
within thirty (30) days of the date of written notice, this Agreement shall immediately
terminate. Upon any such termination, you shall immediately cease using the Software
and destroy all copies of the Software. Termination shall not relieve you from your
obligations arising prior to such termination. Notwithstanding any provision of this
Agreement to the contrary, Sections 4 through 10 shall survive termination of this
Agreement.
9. EXPORT CONTROLS. You shall observe all applicable United States and foreign laws
and regulations (if any) with respect to the export, re-export, diversion or transfer of
the Software, related technical data and direct products thereof, including, without
limitation, the International Traffic in Arms Regulations (ITAR) and the Export
Administration Regulations. The export of any technology from the United States,
including without limitation the Software and related technical data, may require some
form of export control license from the U.S. Government and, pursuant to U.S. laws, and
failure to obtain any required export control license may result in criminal liability under
U.S. laws.
10. GENERAL. This Agreement shall be governed by the laws of the United States. No
provision in either party's purchase orders, or in any other business forms employed by
either party will supersede the terms of this Agreement, and no modification or
amendment of this Agreement is binding, unless in writing signed by a duly authorized
representative of each party. This Agreement is binding upon and shall inure to the
benefit of the Volpe Center, its successors and assigns. This Agreement represents the
entire understanding of the parties, and supersedes all previous communications,
written or oral, relating to the subject of this Agreement. If you have questions
concerning the software including, but not limited to 1) seeking permission for other uses; 2)
your interest in collaborating with the Volpe Center; and 3) providing feedback regarding
the software, please contact the Volpe Center via the GitHub repository by submitting
an Issue on the site.
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU ARE
INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.