CAREFULLY: THIS IS A LEGAL AGREEMENT.
By clicking "Accept", you are agreeing to be
bound by this agreement ("Agreement"). If you do not agree with all of the
terms of this Agreement, do not accept the Agreement and the download or
installation process will stop. If you have any questions, you may contact the
Cornell Bioacoustics Research Program by telephone at 607-254-2408.
1.1. "CLO" means
the Cornell Laboratory of Ornithology, a unit of Cornell University, with
offices located at 159 Sapsucker Woods Road, Ithaca, New York 14850, USA,
means all software that is provided to you by CLO as part of the Raven sound analysis program, including
the Raven Java archive files, the
and the Raven license file.
"Documentation" means the written or on-line manual, help
information, and other reference materials related to the Software, provided to
you by CLO.
2.1 Student License Grant. Upon your acceptance of this Agreement, CLO grants you the
non-exclusive, non-transferable right
(a) save and use one copy of the Software on the
hard disk of a single computer, which copy can be used only by you, for a period of one
hundred eighty-four (184) days from the
date of purchase for a student semester license or three hundred sixty-five (365) days
from the date of purchase or renewal for a student yearly license;
(b) make one copy of the Software for archival
2.2 Limitation of
License. You may not:
(a) directly or indirectly sell, lease, rent, license, sublicense,
redistribute, lend, give, or transfer the Software or Documentation;
(b) modify, translate, or create derivative works from the Software or
Documentation, assign or otherwise transfer rights to the Software or
(c) reverse engineer, decompile, disassemble or otherwise attempt to discover
the source code or underlying ideas or algorithms of the Software or any
subsequent version thereof or any part thereof;
(d) modify the Software or disable any licensing or control
features of the Software;
(e) use the software in any public display or any display that requires an admission price to be paid to allow access to the Raven software;
(f) charge money for any outputs of the Raven software including but not limited to electronic or printed images generated by the software.
3.1. Ownership. The Software and Documentation are owned and
copyrighted by CLO and its third-party suppliers. The Java Runtime Environment and some
other portions of the
Software are owned and copyrighted by Sun Microsystems, Inc. ("Sun"), and are
redistributed by CLO subject to the terms of a license agreement between CLO
and Sun. This Agreement confers no title or ownership in the Software or
Documentation and is not a sale of any rights in the Software or Documentation.
3.2. Source Code. Nothing in this Agreement grants you, and/or
any person(s) acting with or for you any rights, license or interest with
respect to the source code of the Software.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS AND CLO
MAKES NO REPRESENTATIONS OR WARRANTIES (WRITTEN OR ORAL). TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, CLO DISCLAIMS ALL WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER AND TO ANY PERSON OR ENTITY,
INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. NO
WARRANTY IS MADE THAT ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED,
OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
IN NO EVENT SHALL CLO OR ITS DIRECTORS, FACULTY, OR
EMPLOYEES, BE LIABLE FOR DAMAGES TO OR THROUGH YOU OR ANY OTHER PERSON OR
ENTITY FOR BREACH OF, ARISING UNDER, OR RELATED TO THIS AGREEMENT OR THE USE OF
SOFTWARE OR DOCUMENTATION PROVIDED HEREUNDER, UNDER ANY THEORY INCLUDING, BUT
NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR
SIMILAR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR ANY
OTHER LOSS) WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
You agree to fully indemnify and hold harmless CLO and Sun from and
against any and all claims, liabilities, demands, suits, losses, damages,
amounts, and/or expenses,
including but not limited to attorneys' fees,
arising out of your use of the Software.
Any action related to this Agreement will be
governed by the laws of the state of New York and controlling U. S. federal
law. No choice of law rules of any jurisdiction will apply.