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The Simple Archival Information System

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Archon License, version 2.02 and earlier

NON-EXCLUSIVE RESEARCH USE LICENSE FOR 
ILLINOIS SIMPLE ARCHIVAL SYSTEM (ARCHON) SOFTWARE

The Software (as defined below) will only be licensed to You (as defined below) 
upon the condition that You accept all of the terms and conditions contained in 
this license agreement (“License”).  Please read this License carefully. Then, 
fill out the form at the end and click the “ACCEPT / SUBMIT” button.  By clicking 
on the “ACCEPT / SUBMIT” button, You accept the terms and conditions of this License.   
If You are not willing to be bound by these terms, select the “CANCEL” button at the 
bottom of this page.  

Definitions.

1.1.	“Archival and Research Use” means use of the Software on a webserver 
         and database server for Your non-profit research, development, educational 
         or institutional use for the management, preservation, and access (including 
         publicizing) of not-for-profit library, museum and archive collections, and 
         expressly excludes Commercial Use.

1.2.	“Derivative Work” means any derivative work, as defined by U.S. copyright law, 
        of the Software, including any modification, enhancement, upgrade, or improvement 
        to the Software.
        
1.3.	“License” means this document.

1.4.	“Software” means the Illinois Simple Archival System (ARCHON) software developed in 
        PHP scripts, also known as Technology No. TF06110.
        
1.5.	“You” (or “Your”) means an individual or legal entity exercising rights under, and 
        complying with all of the terms of, this License.  For legal entities, “You” includes 
        any entity that controls, is controlled by, or is under common control with You.  
        For purposes of this License, “control” means ownership, directly or indirectly, 
        of more than fifty percent (50%) of the equity capital of the legal entity.

2.	License Grant and Restrictions.

2.1.	Subject to Your compliance with the terms and conditions of this License, The Board 
        of Trustees of the University of Illinois (“ILLINOIS”), on behalf of the University of 
        Illinois Archives, hereby grants You a non-exclusive, non-transferable, restricted 
        license to:

2.1.1.	Use the Software for Your Archival and Research Use; and

2.1.2.	Create Derivative Works of the Software for Your Archival and Research Use.

2.2.	You shall not make Commercial Use of the Software or Derivative Works of the Software
        without having executed an appropriate license with ILLINOIS.  Should You wish 
        to make Commercial Use of the Software or Derivative Works of the Software, You 
        shall contact ILLINOIS at otm@uiuc.edu to determine whether a license for Commercial 
        Use of the Software may be available.

2.3.	The Software is owned by ILLINOIS, and ILLINOIS retains all right, title, and interest 
        in and to the Software.

2.4.	Nothing in this License shall be construed as conferring any license under any of 
        ILLINOIS’ or any third party’s intellectual property rights, whether by estoppel, 
        implication, or otherwise.

2.5.	You shall clearly mark and rename all Derivative Works of the Software to notify 
        users that it is a modified version of the Software.

2.6.	You shall reproduce the following notice on all Derivative Works:

2.6.1.	“This software uses or is derived from ARCHON, developed by University of Illinois 
        Archives and Sousa Archives and Center for American Music, University of Illinois 
        Library at Urbana-Champaign. © Copyright 20XY The Board of Trustees of the University 
        of Illinois.”

2.7.	For any publicly available installation of Software that is under Your control, You 
        shall provide the appropriate hyperlink to the ARCHON project website.

3.	Confidential Information.

3.1.	You acknowledge that the Software is proprietary to ILLINOIS.  You agree to protect 
        the Software from unauthorized disclosure, use, or release and to treat the Software 
        with at least the same level of care as You use to protect Your own proprietary 
        computer programs and/or confidential information, but in no event less than a 
        reasonable standard of care.  

3.2.	If You become aware of any unauthorized licensing, copying or use of the Software, You 
        shall promptly notify ILLINOIS in writing at otm@uiuc.edu.

3.3.	You agree to use the Software only in the manner and for the specific uses authorized 
        in this License.

4.	Contributions

4.1.	ILLINOIS encourages contributions from users of the Software that might be used or 
        incorporated by ILLINOIS, in its sole discretion, into future versions or revisions 
        of the Software.  Licensees who contribute code agree that such code may be distributed 
        by ILLINOIS under the terms of this License and may be required to sign an agreement 
        with ILLINOIS before ILLINOIS can accept the code.  Please contact otm@uiuc.edu for 
        more information or a copy of such agreement.

5.	Limitation of Warranties.  

5.1.	EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, TO THE FULLEST EXTENT ALLOWED BY 
        APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS,” AND ILLINOIS DISCLAIMS ALL 
        EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT 
        LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, 
        OR NON-INFRINGEMENT.

5.2.	THIS LIMITATION OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF THE SOFTWARE 
        IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

5.3.	ANY MATERIAL DOWNLOADED IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE 
        FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF 
        SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

6.	Limitation of Liability.  

6.1.	You assume the entire risk as to the quality, results, performance, and/or non-performance 
        of the Software and all Derivative Works of the Software.  You shall have the sole 
        responsibility to adequately protect and backup Your data or equipment used in connection 
        with the Software and Derivative Works of the Software. Should the Software or Derivative 
        Works of the Software prove defective in any manner, You assume the entire cost of any 
        necessary servicing, repair or correction.

6.2.	In no event shall ILLINOIS (including its trustees, fellows, officers, employees, 
        students, and agents) be responsible or liable for any direct, indirect, special, 
        incidental, punitive, consequential or other damages whatsoever (including lost profits, 
        business, revenue, use, data, or other economic advantage) in connection with, or arising 
        out of, or related to this License, regardless of the theory of liability, whether for 
        breach or in tort (including negligence), even if ILLINOIS may have been previously 
        advised of the possibility of such damage.

6.3.	Liability for damages shall be limited and excluded as set forth in this Section 7, even if 
        any remedy provided for in this License fails of its essential purpose.

7.	Termination.

7.1.	This License is effective until terminated, as provided herein, or until all intellectual 
        property rights in the Software expire.

7.2.	You may terminate this License at any time by destroying all copies of the Software and 
        Derivative Works of the Software.

7.3.	This License, and the rights granted hereunder, will terminate automatically, and without 
        any further notice from or action by ILLINOIS, if You fail to comply with any obligation 
        of this License.

7.4.	Upon termination, You must immediately cease use of and destroy all copies of the Software 
        and Derivative Works of the Software and verify such destruction in writing.

7.5.	The provisions set forth in Sections 3, 5, 6, 7, 9, and 10 shall survive termination or 
        expiration of this License.

8.	Miscellaneous.

8.1.	Governing Law.  This License shall be governed by the laws of the State of Illinois, U.S.A., 
        without regard to any conflict of laws provisions.

8.2.	Severability.  If any provision of this License is held to be invalid or unenforceable by a 
        court of competent jurisdiction, such invalidity or unenforceability shall not in any way 
        affect the validity or enforceability of the remaining provisions.

8.3.	Assignment.  You may not assign or otherwise transfer any of Your rights or obligations 
        under this License, without the prior written consent of ILLINOIS.

8.4.	Entire Agreement.  This License represents the parties’ entire agreement relating to the Software.  
        Except as otherwise provided herein, no modification of this Agreement is binding unless in 
       writing and signed by an authorized representative of each party.

8.5.	Waiver.  The failure of either party to enforce any provision of this License shall not constitute
        a wavier of that right or future enforcement of that or any other provision.

Archon license

Questions? Comments?: Chris Prom