9.0 License

This product was created by Adaptive Computing Enterprises Inc. Copyright (C) 2012 Adaptive Computing Enterprises Inc., all rights reserved. Moab Workload Manager is a trademark of Adaptive Computing Enterprises Inc.

This SOFTWARE is bound by an 'End User Open Source' LICENSE from Adaptive Computing Enterprises Inc. The conditions of the 'End User Open Source' LICENSE include, but are not limited to the conditions described below.

THE SOFTWARE IS PROVIDED AS IS, AND ADAPTIVE COMPUTING ENTERPRISES INC. (ACE) AND ALL CONTRIBUTING PARTIES DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER ACE NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL ACE'S LIABILITY FOR ANY DAMAGES EXCEED THE CONSIDERATION PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON OR ENTITY USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

By installing or using this SOFTWARE you are accepting a non-exclusive 'End User Open Source' LICENSE from Adaptive Computing Enterprises Inc. and are bound to abide by the following conditions:

• Inclusion of Notice and Disclaimer

  All copies of the SOFTWARE, whether or not for redistribution and whether or not in source code or in binary form must include a conspicuous and appropriate publication of the above copyright notice and disclaimer.

• Usage

  Source and/or binary forms of this SOFTWARE may be used by any 'End User' organization pursuant to the conditions of this and other associated LICENSES at no charge and for an unlimited period of time. An 'End User' organization is defined as an organization that is using this SOFTWARE on its own systems and is not commercially redistributing, modifying, supporting, or providing other services specific to this SOFTWARE to other organizations for profit.

• Modifications

  SOFTWARE may be freely modified by the 'End User' as necessary to meet the needs of the 'End User' LICENSEE'S system. 'End User' may solicit the services of Adaptive Computing Enterprises Inc. or 'Authorized Distribution and Services Partners' of Adaptive Computing Enterprises Inc. that have received express prior written authorization to redistribute, modify or provide services for SOFTWARE. Available services include but are not limited to technical support, training, consultation or optimization services. 'End User' may not solicit or receive this SOFTWARE or services associated to the use, customization, training, development, or support on this SOFTWARE from any organization that is not an 'Authorized Distribution and Services Partner' of Adaptive Computing Enterprises Inc. Any unauthorized partner that desires to become an 'Authorized Distribution and Services Partner' of Adaptive Computing Enterprises Inc. may contact us at [email protected]. 'End User' organizations that desire services from Adaptive Computing Enterprises Inc., or an 'Authorized Distribution and Services Partner' may contact us using the same email listed above.

• Distribution

  'End User' organizations that are academic and government agencies may redistribute this SOFTWARE subject to the condition that the distribution contains conspicuous publication of the acknowledgement statement found within the LICENSE agreement distributed with this SOFTWARE.

  Organizations that are commercial and other for-profit organizations may not redistribute this code or derivations of this code in any form whatsoever, including parts of SOFTWARE incorporated into other software programs without express written permission from Adaptive Computing Enterprises Inc.

  Redistribution of the SOFTWARE in any form whatsoever, including parts of the code that are incorporated into other software programs, must include a conspicuous and appropriate publication of the following acknowledgement:

  'This product was developed by Adaptive Computing Enterprises Inc. Moab Scheduling System is a trademark of Adaptive Computing Enterprises Inc.'

  Any such modification of the SOFTWARE must, when installed, display the above language, the copyright notice, and the warranty disclaimer.

  Each time the SOFTWARE is redistributed (or any work based on the SOFTWARE), the recipient must automatically receive this LICENSE, copyright notice, and the warranty disclaimer as described in this license agreement, which govern the ability to copy, distribute or modify the SOFTWARE subject to these terms and conditions, and has the choice of accepting or declining the LICENSE. As the LICENSEE, you shall automatically provide the recipient with a copy of this LICENSE. Further restrictions are not to be imposed on recipients of the SOFTWARE by the LICENSEE beyond those expressly described herein.

• Use of Modifications

  LICENSEES with a redistribution agreement that wish to distribute their modifications (including government and academic institutions) must first send a copy of the modifications along with a brief explanation of why the modification was made and the resulting performance or functionality of the modifications to Adaptive Computing Enterprises Inc. at [email protected]. Failure to send a copy of distributed modifications renders the LICENSE invalid, as well as any LICENSES granted to third parties subsequent to the incorporation of the modifications into SOFTWARE. Any such modification of the SOFTWARE must, when installed, display the LICENSE, the copyright notice, and the warranty disclaimer as described in the LICENSE agreement/s distributed with this SOFTWARE. Those without a LICENSE to redistribute may send modifications to Adaptive Computing Enterprises Inc. for evaluation and possible incorporation into SOFTWARE.

  Copyright owners of modifications to SOFTWARE hereby grant Adaptive Computing Enterprises Inc., Inc. a non-exclusive, royalty-free, worldwide, irrevocable right and LICENSE to install, use, distribute, sublicense, and prepare derivative works of said modifications. Only organizations receiving an express prior written exclusion to this condition are exempted from providing these non-exclusive rights to Adaptive Computing Enterprises Inc.

• Communications about and Endorsement of SOFTWARE and Products/Software Derived from the SOFTWARE

  The name 'Moab Scheduling System' or 'Moab Scheduler' or any of its variants must not otherwise be used to endorse or to promote products derived from the SOFTWARE without prior written permission from ACE.

  Products derived from or incorporating the SOFTWARE in whole or in part shall not contain as part of the product's name any form of the terms 'Adaptive Computing Enterprises Inc.', 'ACE', 'Moab', 'Moab Scheduling System', 'Moab Scheduler', or 'Supercluster Development Group' unless prior written permission has been received from Adaptive Computing Enterprises Inc.

  All advertising materials for products that use or incorporate features of the SOFTWARE must display the following acknowledgement: 'This product includes software developed by Adaptive Computing Enterprises Inc. for use in the Moab Scheduling System.'

• Acceptance of this LICENSE

  It is not required that you accept this LICENSE; however, if you do not accept the terms of this LICENSE, you are prohibited by law from installing, using, modifying or distributing the SOFTWARE or any of its derivative works. Therefore, by installing, using, modifying or distributing the SOFTWARE (or any of its derivative works), you have agreed to this LICENSE and have accepted all its terms and conditions.

  If any portion of this LICENSE is held invalid or unenforceable under any particular circumstance, the balance of the LICENSE will continue to apply.