SOURCE CODE LICENSE AGREEMENT
Software: BoxLib
Version: Oct. 12, 2000 Release

IMPORTANT - READ CAREFULLY: This License Agreement ("Agreement") is a
legal agreement between you (in your capacity as an individual and as
an agent for your company, institution or other entity) and The
Regents of the University of California, Department of Energy
contract-operators of the Ernest Orlando Lawrence Berkeley National
Laboratory ("Berkeley Lab").  Downloading, installing, using, or
copying of the Software (as defined below) by you or by a third party
on your behalf indicates your agreement to be bound by the terms and
conditions of this Agreement.  If you do not agree to these terms and
conditions, do not download, install or use the Software.

1.  LICENSE GRANT. Berkeley Lab grants you, and you hereby accept, a
    non-exclusive, royalty-free perpetual license to install, use,
    modify, prepare derivative works, incorporate into other computer
    software, and distribute the version noted above of the computer
    software program noted above, in binary and source code format, or
    any derivative work thereof, together with any associated media,
    printed materials, and on-line or electronic documentation (if
    any) provided by Berkeley Lab (collectively, the "Software"),
    subject to the following terms and conditions: (i) any
    distribution of the Software shall bind the receiver to the terms
    and conditions of this Agreement; (ii) any distribution of the
    Software in modified form shall clearly state that the Software
    has been modified from the version originally obtained from
    Berkeley Lab.  This version of the Software constitutes a research
    prototype and may be changed substantially.  The license grant set
    forth above is subject to receipt by Berkeley Lab of any required
    U.S. Department of Energy approvals.

2.  COPYRIGHT; RETENTION OF RIGHTS.  The above license grant is
    conditioned on the following: (i) you must reproduce all copyright
    notices and other proprietary notices on any copies of the
    Software and you must not remove such notices; (ii) in the event
    you compile the Software, you will include the copyright notice
    with the binary in such a manner as to allow it to be easily
    viewable; (iii) if you incorporate the Software into other code,
    you must provide notice that the code contains the Software and
    include a copy of the copyright notices and other proprietary
    notices.  All copies of the Software shall be subject to the terms
    of this Agreement.  Subject to approval by the U.S. Department of
    Energy: (a) you hereby acknowledge that the Software is protected
    by United States copyright law and international treaty
    provisions; (b) Berkeley Lab, and its licensors (if any), hereby
    reserve all rights in the Software which are not explicitly
    granted to you herein; (c) without limiting the generality of the
    foregoing, Berkeley Lab and its licensors retain all title,
    copyright, and other proprietary interests in the Software and any
    copies thereof, and you do not acquire any rights, express or
    implied, in the Software, other than those specifically set forth
    in this Agreement.

3.  NO MAINTENANCE OR SUPPORT; TREATMENT OF ENHANCEMENTS YOU CHOOSE TO
    PROVIDE TO BERKELEY LAB.  Berkeley Lab is under no obligation
    whatsoever to: (i) provide maintenance or support for the
    Software; or (ii) to notify you of bug fixes, patches, or upgrades
    to the features, functionality or performance of the Software
    ("Enhancements") (if any), whether developed by Berkeley Lab or
    third parties.  If, in its sole discretion, Berkeley Lab makes an
    Enhancement available to you and Berkeley Lab does not separately
    enter into a written license agreement with you relating to such
    bug fix, patch or upgrade, then it shall be deemed incorporated
    into the Software and subject to this Agreement.  You are under no
    obligation whatsoever to provide any Enhancements to Berkeley Lab
    that you may develop over time; however, if you choose to provide
    Berkeley Lab with Enhancements in source code form that you have
    developed without contemporaneously requiring Berkeley Lab to
    enter into a separate written license agreement, then you hereby
    grant Berkeley Lab a non-exclusive, royalty-free perpetual license
    to install, use, modify, prepare derivative works, incorporate
    into the Software or other computer software, distribute, and
    sublicense your Enhancements or derivative works thereof, in
    binary and source code form.

4.  U.S. GOVERNMENT RIGHTS.  The Software was developed under funding
    from the U.S. Department of Energy and the U.S. Government
    consequently retains certain rights as follows: the
    U.S. Government has been granted for itself and others acting on
    its behalf a paid-up, nonexclusive, irrevocable, worldwide license
    in the Software to reproduce, prepare derivative works, and
    perform publicly and display publicly.  Beginning five (5) years
    after the date permission to assert copyright was granted by the
    U.S. Dept. of Energy, and subject to any subsequent five (5) year
    renewals, the U.S. Government is granted for itself and others
    acting on its behalf a paid-up, nonexclusive, irrevocable,
    worldwide license in the Software to reproduce, prepare derivative
    works, distribute copies to the public, perform publicly and
    display publicly, and to permit others to do so.

5.  WARRANTY DISCLAIMER.  THE SOFTWARE IS SUPPLIED "AS IS" WITHOUT
    WARRANTY OF ANY KIND.  BERKELEY LAB, ITS LICENSORS, THE UNITED
    STATES, THE UNITED STATES DEPARTMENT OF ENERGY, AND THEIR
    EMPLOYEES: (1) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED,
    INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
    MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
    NON-INFRINGEMENT, (2) DO NOT ASSUME ANY LEGAL LIABILITY OR
    RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF
    THE SOFTWARE, (3) DO NOT REPRESENT THAT USE OF THE SOFTWARE WOULD
    NOT INFRINGE PRIVATELY OWNED RIGHTS, (4) DO NOT WARRANT THAT THE
    SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR
    THAT ANY ERRORS WILL BE CORRECTED.

6.  LIMITATION OF LIABILITY. IN NO EVENT WILL BERKELEY LAB OR ITS
    LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
    SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT
    NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON
    WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF
    CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR
    OTHERWISE, EVEN IF BERKELEY LAB HAS BEEN WARNED OF THE POSSIBILITY
    OF SUCH LOSS OR DAMAGES.  IN NO EVENT SHALL BERKELEY LAB'S
    LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THIS
    AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.

7.  INDEMNITY.  You shall indemnify, defend, and hold harmless
    Berkeley Lab, the U.S. Government, the Software developers, the
    Software sponsors, and their agents, officers, and employees,
    against any and all claims, suits, losses, damage, costs, fees,
    and expenses arising out of or in connection with this Agreement.
    You shall pay all costs incurred by Berkeley Lab in enforcing this
    provision, including reasonable attorney fees.

8.  TERM AND TERMINATION.  The license granted to you under this
    Agreement will continue perpetually unless terminated by Berkeley
    Lab in accordance with this Agreement.  If you breach any term of
    this Agreement, and fail to cure such breach within thirty (30)
    days of the date of written notice, this Agreement shall
    immediately terminate. Upon such termination, you shall
    immediately cease using the Software, return to Berkeley Lab, or
    destroy, all copies of the Software, and provide Berkeley Lab with
    written certification of your compliance with the foregoing.
    Termination shall not relieve you from your obligations arising
    prior to such termination. Notwithstanding any provision of this
    Agreement to the contrary, Sections 5 through 10 shall survive
    termination of this Agreement.

9.  EXPORT CONTROLS. You shall observe all applicable United States
    and foreign laws and regulations (if any) with respect to the
    export, re-export, diversion or transfer of the Software, related
    technical data and direct products thereof, including, without
    limitation, the International Traffic in Arms Regulations (ITAR)
    and the Export Administration Regulations.

10. NO ENDORSEMENT.  In accordance with California Education Code
    Section 92000, you shall not use in advertising, publicity or
    other promotional activities any name, trade name, trademark, or
    other designation of the University of California, nor shall you
    so use "Ernest Orlando Lawrence Berkeley National Laboratory" or
    "United States Department of Energy" (including any contraction,
    abbreviation, or simulation of any of the foregoing) without
    Berkeley Lab's prior written consent.

11. GENERAL.  This Agreement shall be governed by the laws of the
    State of California, excluding its rules governing conflicts of
    laws.  No provision in either party's purchase orders, or in any
    other business forms employed by either party will supersede the
    terms of this Agreement, and no modification or amendment of this
    Agreement is binding, unless in writing signed by a duly
    authorized representative of each party.  This Agreement is
    binding upon and shall inure to the benefit of Berkeley Lab, its
    successors and assigns.  This Agreement represents the entire
    understanding of the parties, and supersedes all previous
    communications, written or oral, relating to the subject of this
    Agreement. If you have any questions concerning this license,
    contact Lawrence Berkeley National Laboratory, Technology Transfer
    Department, One Cyclotron Road, MS 90-1070, Berkeley, CA 94720,
    Attn: Software Licensing or via e-mail at TTD@lbl.gov.

If you have any questions or feedback concerning this Software,
contact the Center for Computational Sciences and Engineering,
Lawrence Berkeley National Laboratory, One Cyclotron Road, MS
50A-1148, Berkeley, CA 94720 or via email at webmaster@mothra.lbl.gov.

Form rev000928

