Sandia National Laboratories
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License

Restricted Software License Agreement

Sandia Corporation ("SANDIA"), under its Contract No. DE-AC04-94AL85000 with the United States Department of Energy for the management and operation of the Sandia National Laboratories, Albuquerque, New Mexico and Livermore, California, has developed the MATLAB Poblano Toolbox, herein called "POBLANO TOOLBOX". By downloading this software, the licensee ("YOU") agree to the following terms:

  1. Grants
    1. Subject to the terms and conditions of this Agreement, including Attachment A, YOU are granted a nontransferable, nonexclusive right and license, without the right to sublicense, to: use, modify, and/or make derivative works or compilations of the POBLANO TOOLBOX for research and evaluation purposes only.
    2. YOU agree that this restricted license does not allow YOU to make any proprietary or commercial use of the POBLANO TOOLBOX such as but not limited to the copying, distribution, displaying, performing, manufacturing, selling, or offering for sale of any product or service using the POBLANO TOOLBOX.
    3. YOU agree to give credit to the original authors (Daniel M. Dunlavy, Tamara G. Kolda, and Evrim Acar) at SANDIA in any work that results from using the POBLANO TOOLBOX.
    4. If YOU intend to sell or offer for sale any portion of POBLANO TOOLBOX or any modifications, derivative works, compilations, products or services of the POBLANO TOOLBOX, then YOU must obtain the appropriate license from SANDIA by contacting Sandia Software Licensing Manager, Craig A. Smith at +1 (925) 294-3358.
  2. Reproduction and Distribution
    1. YOU agree not to use the POBLANO TOOLBOX except as authorized herein, and that YOU will not make, have made, or permit to be made, any copies of the POBLANO TOOLBOX, except to be used within your own facilities for research and evaluation purposes.
    2. YOU agree to have other users download the POBLANO TOOLBOX from its distribution web site, currently https://software.sandia.gov/trac/poblano.
  3. Disclaimer
    1. NEITHER SANDIA, THE UNITED STATES NOR THE UNITED STATES DEPARTMENT OF ENERGY, NOR ANY OF THEIR EMPLOYEES MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, OR ASSUMES ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ITS USE BY ANYONE.
    2. The U.S. Government has a paid-up, nonexclusive, irrevocable worldwide license in the POBLANO TOOLBOX to reproduce, prepare derivative works, and perform publicly and display publicly by or on behalf of the U.S. Government.
    3. The U.S. Government is neither a party to nor assumes any liability for activities of the Contractor (SANDIA) in connection with this License Agreement.
  4. Indemnity
    1. Except for negligent acts or omissions of SANDIA, if YOU, your assignees or licensees, makes, uses or sells a product, process or service that includes the POBLANO TOOLBOX, then YOU shall indemnify SANDIA and the U.S. Government for all damages, costs, and expenses, including attorneys' fees, arising from personal injury or property damage occurring as a result of making, using or selling the product or process.
    2. SANDIA warrants that the POBLANO TOOLBOX is an original work of authorship owned or controlled by SANDIA.
    3. SANDIA warrants that it has the right to license copyrights in the POBLANO TOOLBOX.
  5. Export Control Notice
    1. The export of articles and information from the U.S. may require a government license; violators subject to criminal penalties.
  6. No Waivers
    1. The failure of SANDIA, at any time, to exercise any right or remedy of this Agreement shall not be construed to be a waiver of such right or remedy nor preclude SANDIA from exercising such right and remedy thereafter.
  7. Controlling Law
    1. This Agreement shall be construed according to the laws of the State of California and the United States of America.

Attachment A

  1. Poblano Toolbox POBLANO TOOLBOX is a Sandia Corporation copyrighted software, SCR #1255.0, that provides a collection of MATLAB classes for solving optimization problems that can be used for fast algorithm prototyping.
  2. License Fees: POBLANO TOOLBOX is being offered at no cost under this agreement. Commercial distribution licenses for POBLANO TOOLBOX are available from Sandia at reasonable rates.