Technology License for Research and Education Purposes ------------------------------------------------------ Washington University ("University") in St. Louis has developed and is the owner of the copyright for Field-programmable Port Extender (FPX) ("Technology") which includes switch and network interface hardware, associated software, documentation and detailed specifications, including source code, VHDL specifications of integrated circuits and printed circuit board schematics and which is distributed as part of an open research platform to universities and research organizations. University grants to select not-for-profit educational institution ("Licensee") which agree to these terms the right to use its Technology solely for Licensee's internal nonprofit research and academic purposes. This License is nontransferrable, royalty free, and non-exclusive. Licensee agrees that it will not use Technology as part of any commercial product. Licensee agrees that it will not rewrite any part of Technology in an alternate form to circumvent the requirement for obtaining a license from University for uses other than internal research and education. Licensee may reproduce Technology only for educational, research, backup or archival purposes. Licensee agrees not to remove or destroy notices identifying material as the copyrighted or patented property of University. Licensee further agrees to include such notices in all copies it makes of the material. UNIVERSITY GIVES NO WARRANTIES AND MAKES NO REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, FOR THE DESIGNS AND/OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND/OR WARRANTY OF FITNESS FOR A PARTICULAR USE AND/OR WARRANTY OF FREEDOM OF INFRINGEMENT FROM THIRD PARTY PROPRIETARY RIGHTS. Licensee understands that Technology is a research tool for which no warranties as to capabilities or accuracy are made, and Licensee accepts Technology "as is." University makes no warranties that Technology is free from any harmful code. Licensee assumes the entire risk as to the performance of Technology and/or associated materials, and to the performance and validity of information generated using Technology. Licensee agrees that University shall not be held liable for any direct, indirect, consequential or incidental damages with respect to any claim by Licensee or any third party on account of or arising from this Agreement or the use of Technology and/or associated materials. Licensee agrees to accept Technology on an "as is" basis. Accordingly, University is not required to load Technology onto Licensee's computers, to test for proper operation, to perform any debugging or other corrections, or otherwise maintain Technology at any time. University is not required to provide any updates to Technology if subsequent versions are developed, or to provide any assistance in understanding or using these materials. Title to Technology (including copyright), including the original and any copies of Technology which are made hereunder, in whole or in part, shall remain at all times with University. Licensee may not sublicense, sell, assign, or otherwise transfer or allow the transfer of Technology or any portion thereof. Licensee may not reproduce Technology or any portion thereof, except as permitted in Article 2. ---- Washington University Applied Research Laboratory 1 Brookings Drive Campus Box 1045 Saint Louis, MO 63130 USA Phone: (314) 935-4460 Web: http://www.arl.wustl.edu/arl/projects/fpx/