SERG Software License for Educational and Research Purposes ("Licensee"), and WPI, regarding current and future versions of software produced by SERG. License includes all programs, code, examples, manuals and other documentation included in the release (collectively, "the Software"). Licensee may modify the Software, to make repairs, reorganizations, enhancements, extensions, ports, integrations with other systems, or add, remove or modify code or documentation (collectively, "the Derivatives"); 1. Licensee agrees that the Software and the Derivatives will be used solely for non-commercial research or educational purposes. Licensee is not permitted to sell, lease, distribute, transfer, sublicense, or otherwise dispose of the Software and the Derivatives, in whole or in part, for any form of actual or potential commercial gain or consideration; 2. Copyright of the Software is and will remain with The Trustees of WPI and/or its employees, consultants and students, and shall at no point transfer to Licensee. Any copyright notices on the Software shall be included on all copies of the Derivatives, or any parts or portions thereof, in any form, manner or substance, which are produced by the Licensee including but not limited to incorporation of the Software into any other program, technical data, documentation, firmware, or other information of the like kind, type or quality; 3. Any externally disseminated publications such as, but not limited to, manuals, technical reports, articles in journals, papers in conference or workshop proceedings, and marketing brochures or advertisements for sale or distribution of products, written in whole or in part by Licensee personnel, including but not limited to employees, consultants or students of Licensee, that are based in any part on the ideas of the Programming Systems Lab or the Software shall acknowledge Prof. George Heineman and his Software Engineering Research Group at WPI, with citations to their published literature when appropriate; 4. Licensee acknowledges that the Software is being supplied in an "as is" condition without any support services or future updates or releases. WPI may or may not make future updates and releases available to Licensee under this same or another licensing agreement, but WPI is in no way obligated to do so. WPI will not necessarily acknowledge any reports or make any requested changes to the Software; 5. WPI makes no guarantees, warranties or representations of any kind, either express or implied. Furthermore, WPI disclaims and Licensee waives and excludes any and all warranties of merchantability and any and all warranties of fitness for any particular purpose. Licensee agrees that neither WPI nor its future, current or former personnel, including but not limited to employees, consultants and students, shall be held to any liability with respect to any claim by Licensee or a third party arising from or on account of the use of the Software or the Derivatives, regardless of the form of action; whether in contract or tort, including negligence. In no event will WPI be liable for consequential or incidental damages of any nature whatsoever; 6. Licensee will guarantee that all actual or potential users of the Software, and all actual or potential producers of the Derivatives, within Licensee organization, or in organizations who have obtained or may obtain the Software or the Derivatives from Licensee, are aware of this agreement and of the terms for using the Software and producing Derivatives.