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ACM Software License Agreement
Proprietary Free
  • copyrighted by ACM
  • ACM
  • the original work and others
Permission to include in application software or to make digital or hard copies
of part or all of this work is subject to the following licensing agreement.

ACM Software License Agreement

All software, both binary and source published by the Association for
Computing Machinery (hereafter, Software) is copyrighted by the
Association (hereafter, ACM) and ownership of all right, title and
interest in and to the Software remains with ACM. By using or copying
the Software, User agrees to abide by the terms of this Agreement.

Noncommercial Use

The ACM grants to you (hereafter, User) a royalty-free, nonexclusive
right to execute, copy, modify and distribute both the binary and
source code solely for academic, research and other similar
noncommercial uses, subject to the following conditions:

   1. User acknowledges that the Software is still in the development
   stage and that it is being supplied "as is," without any support
   services from ACM. Neither ACM nor the author makes any
   representations or warranties, express or implied, including,
   without limitation, any representations or warranties of the
   merchantability or fitness for any particular purpose, or that the
   application of the software, will not infringe on any patents or
   other proprietary rights of others.

   2. ACM shall not be held liable for direct, indirect, incidental or
   consequential damages arising from any claim by User or any third
   party with respect to uses allowed under this Agreement, or from
   any use of the Software.
   3. User agrees to fully indemnify and hold harmless ACM and/or the
   author(s) of the original work from and against any and all claims,
   demands, suits, losses, damages, costs and expenses arising out of
   the User's use of the Software, including, without limitation,
   arising out of the User's modification of the Software.

   4. User may modify the Software and distribute that modified work
   to third parties provided that: (a) if posted separately, it
   clearly acknowledges that it contains material copyrighted by ACM
   (b) no charge is associated with such copies, (c) User agrees to
   notify ACM and the Author(s) of the distribution, and (d) User
   clearly notifies secondary users that such modified work is not the
   original Software.
   5. User agrees that ACM, the authors of the original work and
   others may enjoy a royalty-free, non-exclusive license to use,
   copy, modify and redistribute these modifications to the Software
   made by the User and distributed to third parties as a derivative
   work under this agreement.
   6. This agreement will terminate immediately upon User's breach of,
   or non-compliance with, any of its terms. User may be held liable
   for any copyright infringement or the infringement of any other
   proprietary rights in the Software that is caused or facilitated by
   the User's failure to abide by the terms of this agreement.

   7. This agreement will be construed and enforced in accordance with
   the law of the state of New York applicable to contracts performed
   entirely within the State. The parties irrevocably consent to the
   exclusive jurisdiction of the state or federal courts located in
   the City of New York for all disputes concerning this agreement.

Commercial Use

Any User wishing to make a commercial use of the Software must contact
ACM at to arrange an appropriate license.
Commercial use includes (1) integrating or incorporating all or part
of the source code into a product for sale or license by, or on behalf
of, User to third parties, or (2) distribution of the binary or source
code to third parties for use with a commercial product sold or
licensed by, or on behalf of, User.

Revised 6/98