1 Moab Scheduling System - End User Open Source License
3 This software is based on the Moab Scheduling System which was created by
4 Cluster Resources, Inc.
6 Copyright (C) 1999-2005 Cluster Resources, Inc., all rights reserved.
8 Moab Scheduling System is a trademark of Cluster Resources, Inc.
10 This SOFTWARE is bound by an 'End User Open Source' LICENSE from Cluster
11 Resources Inc. The conditions of the 'End User Open Source' LICENSE include,
12 but are not limited to the conditions described below.
14 THE SOFTWARE IS PROVIDED AS IS, AND CLUSTER RESOURCES, INC. (CRI) AND ALL
15 CONTRIBUTING PARTIES DISCLAIM ALL WARRANTIES RELATING TO THE SOFTWARE,
16 WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
17 WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER
18 CRI NOR ANYONE INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE
19 SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
20 DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF CRI
21 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT
22 SHALL CRI'S LIABILITY FOR ANY DAMAGES EXCEED THE CONSIDERATION PAID FOR THE
23 LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE PERSON OR
24 ENTITY USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE
27 By installing or using this SOFTWARE you are accepting a non-exclusive 'End
28 User Open Source' LICENSE from Cluster Resources Inc. and are bound to abide by the following conditions:
30 1. Inclusion of Notice and Disclaimer
32 All copies of the SOFTWARE, whether or not for redistribution and whether
33 or not in source code or in binary form must include a conspicuous and
34 appropriate publication of the above copyright notice and disclaimer.
38 Source and/or binary forms of this SOFTWARE may be used by any 'End User'
39 organization pursuant to the conditions of this and other associated LICENSES
40 at no charge and for an unlimited period of time. An 'End User' organization
41 is defined as an organization that is using this SOFTWARE on their own
42 systems and is not commercially redistributing, modifying, supporting, or
43 providing other services specific to this SOFTWARE to other organizations
48 SOFTWARE may be freely modified by the 'End User' as necessary to meet the
49 needs of the 'End User' LICENSEE'S system. 'End User' may solicit the
50 services of Cluster Resources Inc. or 'Authorized Distribution and Services
51 Partners' of Cluster Resources Inc. that have received express prior written
52 authorization to redistribute, modify or provide services for SOFTWARE.
53 Available services include but are not limited to technical support,
54 training, consultation or optimization services. 'End User' may not
55 solicit or receive this SOFTWARE or services associated to the use,
56 customization, training, development, or support on this SOFTWARE from any
57 organization that is not an 'Authorized Distribution and Services Partner'
58 of Cluster Resources Inc. Any organization that desires to become an
59 'Authorized Distribution and Services Partner' of Cluster Resources, Inc.
60 may contact us at support@clusterresources.com. 'End User' organizations
61 that desire services from Cluster Resources Inc., or an 'Authorized
62 Distribution and Services Partner' may contact us using the same email
67 'End User' organizations that are academic and government agencies may
68 redistribute this SOFTWARE subject to the condition that the distribution
69 contains conspicuous publication of the acknowledgement statement found
70 within the LICENSE agreement distributed with this SOFTWARE.
72 Organizations that are not academic and government agencies including
73 commercial and other for-profit organizations may not redistribute this code
74 or derivations of this code in any form whatsoever, including parts of
75 SOFTWARE incorporated into other software programs without express written
76 permission from Cluster Resources, Inc.
78 Redistribution of the SOFTWARE in any form whatsoever, including parts of
79 the code that are incorporated into other software programs, must include a
80 conspicuous and appropriate publication of the following acknowledgement:
82 'This product was developed by Cluster Resources, Inc. Moab Scheduling
83 System is a trademark of Cluster Resources, Inc.'
85 Any redistribution or modification of the SOFTWARE must, when installed,
86 display the above language, the copyright notice, and the warranty
89 Each time the SOFTWARE (or any work based on the SOFTWARE) is
90 redistributed, the recipient must automatically receive this LICENSE,
91 copyright notice, and the warranty disclaimer as described in this license
92 agreement, which govern the ability to copy, distribute or modify the
93 SOFTWARE subject to these terms and conditions, and have the choice of
94 accepting or declining the LICENSE.
96 As the LICENSEE, you shall automatically provide the recipient with a
97 copy of this LICENSE. Further restrictions are not to be imposed on
98 recipients of the SOFTWARE by the LICENSEE beyond those expressly described
101 5. Use of Modifications
103 LICENSEES with a redistribution agreement that wish to distribute their
104 modifications (including government and academic institutions) must first
105 send a copy of the modifications along with a brief explanation of why the
106 modification was made and the resulting performance or functionality of the
107 modifications to Cluster Resources, Inc. at support@clusterresources.com.
108 Failure to send a copy of distributed modifications renders the LICENSE
109 invalid, as well as any LICENSES granted to third parties subsequent to the
110 incorporation of the modifications into SOFTWARE. Any such modification of
111 the SOFTWARE must, when installed, display the LICENSE, the copyright
112 notice, and the warranty disclaimer as described in the LICENSE agreement/s
113 distributed with this SOFTWARE. Those without a LICENSE to redistribute may
114 send modifications to Cluster Resources for evaluation and possible
115 incorporation into SOFTWARE.
117 Copyright owners of modifications to SOFTWARE hereby grant Cluster
118 Resources, Inc. a non-exclusive, royalty-free, worldwide, irrevocable right
119 and LICENSE to install, use, distribute, sublicense, and prepare derivative
120 works of said modifications. Only organizations receiving an express prior
121 written exclusion to this condition are exempted from providing these
122 non-exclusive rights to Cluster Resources, Inc.
124 6. Communications about and Endorsement of SOFTWARE and Products/Software
125 Derived from the SOFTWARE
127 The name 'Moab Scheduling System', 'Moab Scheduler', or any of its
128 variants must not otherwise be used to endorse or to promote products
129 derived from the SOFTWARE without prior written permission from CRI.
131 Products derived from or incorporating the SOFTWARE in whole or in part
132 shall not contain as part of the product's name any form of the terms
133 'Cluster Resources, Inc.', 'CRI', 'Moab', 'Moab Scheduling System',
134 'Moab Scheduler', or 'Supercluster Development Group' unless prior written
135 permission has been received from Cluster Resources, Inc.
137 All advertising materials for products that use or incorporate features of
138 the SOFTWARE must display the following acknowledgement: 'This product
139 includes software developed by Cluster Resources, Inc. for use in the Moab
142 7. Acceptance of this LICENSE
144 It is not required that you accept this LICENSE; however, if you do not
145 accept the terms of this LICENSE, you are prohibited by law from installing,
146 using, modifying or distributing the SOFTWARE or any of its derivative
147 works. Therefore, by installing, using, modifying or distributing the
148 SOFTWARE (or any of its derivative works), you have agreed to this LICENSE
149 and have accepted all its terms and conditions.
151 If any portion of this LICENSE is held invalid or unenforceable under any
152 particular circumstance, the balance of the LICENSE will continue to apply.