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License Agreement

License to Career Pathways Roadmap Web Tool

Department of Community Colleges and Workforce Development

255 Capitol St. NE Salem, OR 97310-0001 | Phone: 503-378-8648 | Fax: 503-378-3365

PREAMBLE

This is a license ("License") between you and the State of Oregon, acting by and through its State Board of Education, Department of Community Colleges and Workforce Development ("Us"), for the Career Pathways Roadmap Web Tool and associated documentation.

You have several rights under this License: (1) you may copy the licensed software, (2) you may modify the licensed software, and (3) you may distribute copies of the licensed software, either unmodified or modified.

These rights are, however, subject to various conditions, set out in detail below, to ensure that all recipients of the licensed software receive these rights. If you distribute copies of the software, you must give the recipients all the rights that you have. You must make sure that they receive or can get the source code. And, you must show and require them to assent to these terms.

There is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not be directed to us, but to the author of the problematic modification. We further want to be given copies of all modifications, so that we can evaluate whether to include the modifications in future releases of the software.

The precise terms and conditions for copying, distribution and modification follow.

  1. Definitions.
    1. "Program" means the Career Pathways Roadmap Web Tool software, its associated object and executable files, source code files, and any other related or supporting files, and all associated documentation.
    2. "Work based on the Program" means either the Program or any derivative work under copyright law; that is to say, a work containing the Program or a portion of it, either verbatim or with Modifications.
    3. "Modification" means any change made to any part of the Program, including its object, executable, and source code files, or any other related or supporting files, or any associated documentation, including translation of any of the files into a different language (machine or human-readable, as applicable), but excluding any configuration changes or other customizations that are specific to a particular installation, and do not otherwise change the Program’s functionality.
    4. "You" means each licensee under or deriving from this License.
  2. Grant of License. You may copy (including for internal purposes) and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice, credit or acknowledgement that the Program was created and made freely available by the Oregon Department of Community Colleges and Workforce Development, and disclaimer of warranty; keep intact all copies of, or notices that refer to, this License and to the absence of any warranty; and require recipients of the Program to agree to the terms of this License prior to receiving the Program copy in the same manner that you were required to agree to the License terms. You may charge a fee equal to the expenses you incur for the physical act of transferring a copy (such as media costs, packaging, and postage), but you may not otherwise profit from any redistribution.
  3. Derivative Works. You may modify your copy or copies of the Program or any portion of it, thus forming a Work based on the Program, and copy and distribute such Modifications or derivative work under the terms of Section 2 above, provided that you also meet all of these conditions:
    1. All files that you modify must carry prominent notices stating that you changed the files, the nature of any change, and the date of any change.
    2. You shall license any Work based on the Program that you distribute or publish, or any part thereof that includes any of the Program, as a whole at no charge to all third parties under the terms of this License.
    3. You shall provide a copy of all your Modifications back to us. By providing Us a copy of your Modifications, you grant Us an irrevocable, perpetual, nonexclusive, royalty-free, paid-up license to copy, distribute, sell, publicly perform, publicly display, and prepare derivative works from your Modifications, including (but not limited to) incorporating your Modifications into the current or future versions of the Program for use and subsequent distribution.

    These requirements apply to the Work based on the Program as a whole. If identifiable sections of that Work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License does not apply to those sections when you distribute them as separate works apart from any part of the Program. If, however, you distribute the same sections as part of a whole which is a Work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

    Mere aggregation of another work not based on the Program with the Program (or a Work based on the Program) on a volume of a storage or distribution medium, such as in a collection, does not bring the other work under the scope of this License.

    It is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

  4. You may copy and distribute the Program (or a Work based on it, under Section 3) in object code or executable form under the terms of Sections 2 and 3 above provided that you also do one of the following:
    1. Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 2 and 3 above on a medium customarily used for software interchange; or,
    2. Accompany it with a written offer, valid for at least three years, to give any third party, for a fee equal to no more than the expenses you incur for the physical act of transferring a copy (such as media costs, packaging, and postage), a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 2 and 3 above on a medium customarily used for software interchange; or,
    3. Accompany it with the information you received as to the offer to distribute corresponding source code. This alternative is allowed only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.

    The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

    If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

  5. You may only run or otherwise use the Program for non-commercial non-profit purposes. You may not charge anyone to use or access the Program, although you may charge a fee equal to the expenses you incur, if any, in providing access or allowing use of the Program.
  6. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
  7. Each time you redistribute the Program (or any Work based on the Program), the recipient assents to a License with Us for the Program under these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
  8. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

    If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section continues to apply and the section as a whole continues to apply in all other circumstances.

    It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims, but rather to make clear what is believed to be a consequence of the rest of this License.
  9. If the distribution or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, you must obtain written permission from Us prior to distributing or using the Program in any such country. In such an event, please contact Us for further information.
  10. You must obtain prior written permission from Us if you wish to incorporate parts of the Program into other programs whose distribution conditions are different than the terms of this License.
  11. NO WARRANTY. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
  12. UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, IN NO EVENT WILL WE, OR ANY OTHER PARTY WHO MAY MODIFY OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  13. INDEMNIFICATION. YOU AGREE TO INDEMNIFY US AND HOLD US HARMLESS AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING FROM ANY ACTIONS BY YOU RELATING TO THE PROGRAM INCLUDING, BUT NOT LIMITED TO, YOUR USE OF THE PROGRAM IN ANY FASHION THAT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, OR THE USE OF THE PROGRAM FOR PROVIDING SERVICES TO, OR PROCESSING THE DATA OF, A THIRD PARTY.
  14. Choice of Law. The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this License, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
  15. Venue. Any party bringing a legal action or proceeding against any other party arising out of or relating to this License shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum.

    If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. This section applies to a claim brought against the State of Oregon only to the extent Congress has appropriately abrogated the State of Oregon’s sovereign immunity and is not consent by the State of Oregon to be sued in federal court. This section is also not a waiver by the State of Oregon of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States.

  16. No Rights in Third-Party Works. The Program may incorporate or make reference, via library call or other established interface mechanism, to third-party libraries or applications ("Third-Party Works"). These Third-Party Works are the property of and may be licensed under separate licenses or terms and conditions by their respective developers or publishers. In such an event, this License does not apply to the Third-Party Works, and does not act to claim any interest or ownership in any Third-Party Work, apart from a separate writing granting such interest or ownership from the developer or publisher of such a Third-Party Work.
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