maui

Moab Scheduling System - End User Open Source License

This software is based on the Moab Scheduling System which was created by 
Cluster Resources, Inc.  

Copyright (C) 1999-2005 Cluster Resources, Inc., all rights reserved.

Moab Scheduling System is a trademark of Cluster Resources, Inc.

This SOFTWARE is bound by an 'End User Open Source' LICENSE from Cluster
Resources Inc.  The conditions of the 'End User Open Source' 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 Open Source' 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

  Source and/or binary forms of this SOFTWARE may be used by any 'End User'
organization pursuant to the conditions of this and other associated LICENSES
at no charge and for an unlimited period of time.  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

  SOFTWARE may be freely modified by the 'End User' as necessary to meet the
needs of the 'End User' LICENSEE'S system.  'End User' may solicit the
services of Cluster Resources Inc. or 'Authorized Distribution and Services
Partners' of Cluster Resources Inc. that have received express prior written
authorization to redistribute, modify or provide services for SOFTWARE.
Available services include but are not limited to technical support, 
training, consultation or optimization services.  'End User' may not 
solicit or receive this SOFTWARE or services associated to the use, 
customization, training, development, or support on this SOFTWARE from any 
organization that is not an 'Authorized Distribution and Services Partner' 
of Cluster Resources Inc.  Any organization that desires to become an 
'Authorized Distribution and Services Partner' of Cluster Resources, Inc. 
may contact us at support@clusterresources.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

  'End User' organizations that are academic and government agencies may 
redistribute this SOFTWARE subject to the condition that the distribution 
contains conspicuous publication of the acknowledgement statement found 
within the LICENSE agreement distributed with this SOFTWARE.

  Organizations that are not academic and government agencies including 
commercial and other for-profit organizations may not redistribute this code
or derivations of this code in any form whatsoever, including parts of 
SOFTWARE incorporated into other software programs without express written 
permission from Cluster Resources, Inc.

  Redistribution of the SOFTWARE in any form whatsoever, including parts of 
the code that are incorporated into other software programs, must include a 
conspicuous and appropriate publication of the following acknowledgement:

  'This product was developed by Cluster Resources, Inc.  Moab Scheduling
System is a trademark of Cluster Resources, Inc.'

  Any redistribution or modification of the SOFTWARE must, when installed, 
display the above language, the copyright notice, and the warranty 
disclaimer.

  Each time the SOFTWARE (or any work based on the SOFTWARE) is 
redistributed, the recipient must automatically receive this LICENSE, 
copyright notice, and the warranty disclaimer as described in this license 
agreement, which govern the ability to copy, distribute or modify the 
SOFTWARE subject to these terms and conditions, and have the choice of 
accepting or declining the LICENSE.  

  As the LICENSEE, you shall automatically provide the recipient with a 
copy of this LICENSE.  Further restrictions are not to be imposed on 
recipients of the SOFTWARE by the LICENSEE beyond those expressly described 
herein.

5.  Use of Modifications

  LICENSEES with a redistribution agreement that wish to distribute their 
modifications (including government and academic institutions) must first 
send a copy of the modifications along with a brief explanation of why the 
modification was made and the resulting performance or functionality of the 
modifications to Cluster Resources, Inc. at support@clusterresources.com.  
Failure to send a copy of distributed modifications renders the LICENSE 
invalid, as well as any LICENSES granted to third parties subsequent to the 
incorporation of the modifications into SOFTWARE.  Any such modification of 
the SOFTWARE must, when installed, display the LICENSE, the copyright 
notice, and the warranty disclaimer as described in the LICENSE agreement/s 
distributed with this SOFTWARE. Those without a LICENSE to redistribute may 
send modifications to Cluster Resources for evaluation and possible 
incorporation into SOFTWARE.

  Copyright owners of modifications to SOFTWARE hereby grant Cluster 
Resources, Inc. a non-exclusive, royalty-free, worldwide, irrevocable right 
and LICENSE to install, use, distribute, sublicense, and prepare derivative 
works of said modifications.  Only organizations receiving an express prior 
written exclusion to this condition are exempted from providing these 
non-exclusive rights to Cluster Resources, Inc.

6. Communications about and Endorsement of SOFTWARE and Products/Software 
Derived from the SOFTWARE

  The name 'Moab Scheduling System', 'Moab Scheduler', 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 Scheduler', 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.'

7.  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.




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