Package: $PACKAGE $FILETYPE: $MODULE Version: $VERSION Copyright: $COPYRIGHT All Rights Reserved ----------------------------------------------------------------------------- Moab Workload Manager - End User License This product was created by Cluster Resources, Inc. and is protected by copyright and patent law. Copyright (C) 1999-2005 Cluster Resources, Inc., all rights reserved. Moab Workload Manager, Moab Cluster Scheduler and Moab Scheduler are trademarks of Cluster Resources, Inc. This SOFTWARE is bound by an 'End User Subscription License' (LICENSE) from Cluster Resources Inc. The conditions of the 'End User Subscription License' (LICENSE) include, but are not limited to, the conditions described below. THE SOFTWARE IS PROVIDED AS IS, AND CLUSTER RESOURCES, INC. (CRI) AND ALL CONTRIBUTING PARTIES DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER CRI NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF CRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL CRI'S LIABILITY FOR ANY DAMAGES EXCEED THE CONSIDERATION PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON OR ENTITY USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. By installing or using this SOFTWARE you are accepting a non-exclusive 'End User Subscription License' (LICENSE) from Cluster Resources Inc. and are bound to abide by the following conditions: 1. Inclusion of Notice and Disclaimer All copies of the SOFTWARE, whether or not for redistribution and whether or not in source code or in binary form must include a conspicuous and appropriate publication of the above copyright notice and disclaimer. 2. Usage Binary forms of this SOFTWARE may be used by any 'End User' organization pursuant to the conditions of this and other associated LICENSES for the duration of the subscription license granted. An 'End User' organization is defined as an organization that is using this SOFTWARE on their own systems and is not commercially redistributing, modifying, supporting, or providing other services specific to this SOFTWARE to other organizations for profit. 3. Modifications 'End User' may solicit the services of Cluster Resources Inc. of Cluster Resources Inc. to modify or provide services for this SOFTWARE. Available services include but are not limited to technical support, training, consultation or optimization services. Any unauthorized partner that desires to become an 'Authorized Distribution and Services Partner' of Cluster Resources, Inc. may contact us at support.com. 'End User' organizations that desire services from Cluster Resources Inc., or an 'Authorized Distribution and Services Partner' may contact us using the same email listed above. 4. Distribution No redistribution of this product is permitted without express prior written permission. 5. Communications about and Endorsement of SOFTWARE and Products/Software Derived from the SOFTWARE The name 'Moab Scheduling System', 'Moab Cluster Scheduler', 'Moab Scheduler', 'Moab Workload Manager' or any of its variants must not otherwise be used to endorse or to promote products derived from the SOFTWARE without prior written permission from CRI. Products derived from or incorporating the SOFTWARE in whole or in part shall not contain as part of the product's name any form of the terms 'Cluster Resources, Inc.', 'CRI', 'Moab', 'Moab Scheduling System', 'Moab Cluster Scheduler', 'Moab Scheduler', 'Moab Workload Manager', or 'Supercluster Development Group' unless prior written permission has been received from Cluster Resources, Inc. All advertising materials for products that use or incorporate features of the SOFTWARE must display the following acknowledgement: 'This product includes software developed by Cluster Resources, Inc. for use in the Moab Scheduling System.' 6. Acceptance of this LICENSE It is not required that you accept this LICENSE; however, if you do not accept the terms of this LICENSE, you are prohibited by law from installing, using, modifying or distributing the SOFTWARE or any of its derivative works. Therefore, by installing, using, modifying or distributing the SOFTWARE (or any of its derivative works), you have agreed to this LICENSE and have accepted all its terms and conditions. If any portion of this LICENSE is held invalid or unenforceable under any particular circumstance, the balance of the LICENSE will continue to apply. ------------------------------------------------------------------------------