opossum3

SOFTWARE LICENSE AGREEMENT

(FOR NON-COMMERCIAL PURPOSES)

This Software License Agreement (the “Agreement”) is entered into between you, or the company, institution or other entity which you represent (“the User”) and

SINGAPORE UNIVERSITY OF TECHNOLOGY AND DESIGN, an education institution duly established under the laws of Singapore, with its address at 8 Somapah Road, Singapore 487372 (“SUTD”)

(each a “Party” and collectively the “Parties).

WHEREAS:

  1. SUTD is the owner of the Software.
  1. SUTD wishes to grant you or the company, institution or entity which you represent a license with respect to the Software, and you, the Licensee, wish to accept the license with respect to the Software (as defined below), in accordance with the terms and conditions of this Agreement.

IN CONSIDERATION of the mutual agreements contained in this Agreement, the Parties hereby agree as follows:

  1. DEFINITIONS AND INTERPRETATIONS

Unless otherwise specified, words contained in this Agreement have the specific meaning as defined in the definitions below:

“Intellectual Property Rights” shall mean inventions, patents, trademarks, service marks, trade dress, trade names, logos, copyright, moral rights, know-how, trade secrets and proprietary technology, whether or not registered or perfected, anywhere in the world, and all applications, registrations, renewals and extensions thereof.

 

“Purpose” shall mean non-commercial purpose, such as academic, research and internal business purposes only.

 

“Software” shall mean OPOSSUM, a Grasshopper plug-in for model-based optimization.

 

  1. GRANT OF LICENSE AND LICENSEE’S OBLIGATIONS
  • Downloading, installing, using or copying the Software indicates your agreement to be bound by this Agreement and the terms and conditions herein. SUTD shall provide the Software in executable code to the Licensee.
  • SUTD grants the Licensee, for a period of six (6) months from the date that you first download, install, use or copy the Software (“the Effective Date”), a limited, non-exclusive, revocable, non-transferable, non-sub-licensable and license fee/royalty free licence to use the Software for the Purpose subject to the terms hereof.
  • The Licensee acknowledges and agrees that the Licensee has no ownership of the Intellectual Property Rights in the Software, which are owned by SUTD or its respective licensors, and are protected under copyright, trade mark and other intellectual property laws and other applicable law. For the avoidance of doubt, nothing herein or otherwise shall be construed as an assignment or transfer of the Intellectual Property Rights in the Software to the Licensee.
  • The Licensee shall be solely responsible for obtaining and maintaining all hardware and software required for the Licensee to use the Software.
  • During the Term, SUTD shall notify the Licensee of any upgrades, alterations or new versions of the Software as and when the need arises. The Software will continue to be subject to this Agreement notwithstanding any upgrades, alteration or modification of the Software by SUTD.
  • The Licensee shall not:
  • copy or reproduce any part or the whole of the Software by any means or form;
  • assign, distribute, lease, loan, modify, pledge, rent, sell, sublicense or otherwise transfer, directly or indirectly, the Software or any part thereof, to a third party, or to assist or permit any third party to do so;
  • modify, adapt, translate or alter any part or the whole of the Software, merge all or any part of it with any other software program, or create any derivative works based on the Software;
  • reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile the whole or any part of the Software;
  • remove, modify, alter or reproduce any copyright or trade mark symbol appearing on any part of the Software;
  • introduce, nor permit any person to introduce any code, viruses, “Trojan Horse”, malicious or hidden mechanisms that would impair the operation of the Software, SUTD’s system or any computer system, or would permit other users access to the Software, nor shall the Licensee use the Software to gain any unauthorised access to SUTD’s system or any computer system; or
  • restrict or inhibit any other user from using the Software.
  • The terms and conditions applicable to your use of any Bonmin, Ipopt, Numpy-1.11.0, Python-2.7.11, RBFOpt, Scipy-0.18 which is required in order to use the Software are set out in Exhibit A attached to the this Agreement.
  1. LICENSEE’S WARRANTIES AND INDEMNITIES
  • The Licensee hereby represents and warrants that:
  • it has the power and authority to enter into and perform the Licensee’s obligations under this Agreement, and this Agreement is the Licensee’s legal, valid, binding and enforceable obligation;
  • the use of the Software by it is and shall comply with this Agreement and any applicable Law; and
  • it shall not use or attempt to use the Software in the course of, or to facilitate, any illegal activities, any tortious or otherwise wrongful act, any infringement of any Intellectual Property Rights of SUTD or any third party, or any violation of any law of any applicable jurisdiction.
  • The Licensee agrees to indemnify, defend and hold SUTD, its officers, directors, owners, agents, lecturers, students and employees harmless from and against any and all losses, liabilities, judgments, arbitration awards, settlements, expenses, damages and costs, including attorneys’ fees and disbursements, as incurred by any of them arising in any manner out of or relating to the Licensee’s use of, or inability to use, the Software or any breach or alleged breach by the Licensee of this Agreement.
  1. DISCLAIMER OF WARRANTIES

THIS SOFTWARE IS LICENSED TO THE LICENSEE “AS IS” AND SUTD MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE. 

  1. LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall SUTD, its officers, directors, owners, agents, lecturers, students and employees have any liability to the Licensee or any other person for any costs, liabilities or damages of any kind, whether indirect, consequential or special including direct or indirect loss of profits, arising out of, or in connection with, this Agreement or the performance or breach of this Agreement, or the Licensee’s or any other person’s use of, or inability to use, the Software. These limitations shall apply regardless of the form of action, whether based on statute equity or arising in contract, indemnity, warranty, strict liability or tort (including negligence), and regardless of whether SUTD knows or has reason to know of the possibility of such damages.

  1. TERM AND TERMINATION

6.1 This Agreement shall come into effect on the Effective Date and shall continue in full force and effect for a period of 6 months only.

6.2 Subject to Clause 7.3 below, SUTD acting reasonably shall be entitled, without penalty or liability, to suspend or restrict or to terminate the Licensee’s use of the Software immediately by written notice, in any of the following circumstances:

  • SUTD is required to do so to comply with any Applicable Law;
  • The Licensee has persistently violated its obligations under this Agreement relating to the security of the Software or, in SUTD’s reasonable opinion, the Licensee’s activity is inherently dangerous and may damage the functionality and/or integrity of the Software, the SUTD’s system or any computer system;
  • If, in SUTD’s reasonable opinion, suspending, restricting or terminating the use of the Software is necessary to protect the security, functionality and/or integrity of the Software, the SUTD’s system or any computer system; or
  • Persistent failure by the Licensee to restrict or control its prohibited activities.

6.3 SUTD may terminate or suspend this Agreement immediately without cause upon notice to the Licensee. The Licensee may terminate this Agreement, without cause, upon at least one day’s written notice to SUTD.

6.4 Upon termination of this Agreement, the Licensee shall cease all use of the Software, and destroy all copies, full or partial, of the Software.

  1. MISCELLANEOUS

7.1 Internet Communications. The Licensee agrees that the Internet is not a secure network and that any communications transmitted over the Internet may be intercepted or accessed by unauthorised or unintended parties, may not arrive at the intended destination or may not arrive in the form transmitted. The Licensee agrees that SUTD takes no responsibility for any communications transmitted over the Internet and that there can be no assurance that such communications shall remain confidential or intact. Any communications, information and/or data transmitted to or from the Licensee using the Software shall be at the Licensee’s sole and absolute risk.

7.2 Severability. In the event any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, such offending provision(s) shall be struck out and the remainder of the Agreement shall remain legal, valid and binding.

7.3 Assignment. Neither Party shall sell, assign, transfer, convey, delegate or encumber its duties and obligations hereunder, or any rights or interests hereunder, without the prior written consent of the other Party.

7.4 Waiver. The failure by either Party to exercise or enforce any right conferred by the Agreement shall not be deemed to be a waiver of any such right or to operate so as to bar the exercise or enforcement of any such or other right on any later occasion.

7.5 Entire Agreement. This Agreement represents the entire agreement between the Parties and the provisions of this Agreement shall supersede all prior oral and written commitments, contracts and understandings with respect to the subject matter of this Agreement.  This Agreement may be amended only by mutual written agreement of the Parties.

7.6 Amendment: Upon notice to the Licensee, SUTD may add, delete or otherwise modify any portion of this Agreement in whole or in part at any time[, including without limitation to impose charges for use of the Software or any portion thereof]. The Licensee’s continued use of the Software after receipt of such notice shall represent the Licensee’s acceptance of such terms.

7.7 Contracts (Rights of Third Parties) Act. Nothing in this Agreement is intended to grant to any third party any right to enforce any term of this Agreement or to confer on any third party any benefits under this Agreement for the purposes of the Contracts (Rights of Third Parties) Act (Cap. 53B) and any re-enactment thereof, the application of which legislation is hereby expressly excluded.

7.8 Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Singapore International Arbitration Centre (“SIAC”) Rules, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one (1). The seat of arbitration shall be Singapore and the language to be used in the arbitral proceedings shall be English.

7.9 Languages. This governing language of this Agreement shall be English,  notwithstanding the translation of this Agreement into any other language.

APPENDIX

TERMS AND CONDITIONS OF Bonmin, Ipopt, Numpy-1.11.0, Python-2.7.11, RBFOpt, Scipy-0.18

Python 2.7.11

PSF LICENSE AGREEMENT FOR PYTHON

  1. This LICENSE AGREEMENT is between the Python Software Foundation (“PSF”), and the Individual or Organization (“Licensee”) accessing and otherwise using Python software in source or binary form and its associated documentation.
  2. Subject to the terms and conditions of this License Agreement, PSF hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use Python alone or in any derivative version, provided, however, that PSF’s License Agreement and PSF’s notice of copyright, i.e., “Copyright © 2001-2016 Python Software Foundation; All Rights Reserved” are retained in Python alone or in any derivative version prepared by Licensee.
  3. In the event Licensee prepares a derivative work that is based on or incorporates Python or any part thereof, and wants to make the derivative work available to others as provided herein, then Licensee hereby agrees to include in any such work a brief summary of the changes made to Python.
  1. PSF is making Python available to Licensee on an “AS IS” basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
  1. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 2.7.2, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
  1. This License Agreement will automatically terminate upon a material breach of its terms and conditions.
  1. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between PSF and Licensee. This License Agreement does not grant permission to use PSF trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party.
  1. By copying, installing or otherwise using Python 2.7.11, Licensee agrees to be bound by the terms and conditions of this License Agreement.

NumPy

Copyright © 2005-2016, NumPy Developers.

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of the NumPy Developers nor the names of any contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SciPy

Copyright © 2001, 2002 Enthought, Inc.

All rights reserved.

Copyright © 2003-2013 SciPy Developers.

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of Enthought nor the names of the SciPy Developers may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Bonmin

Bonmin (Basic Open-source Nonlinear Mixed INteger programming) is an experimental open-source C++ code for solving general MINLP (Mixed Integer NonLinear Programming) problems.

Bonmin is distributed under the Common Public License (CPL) on COIN-OR. The CPL is a license approved by the OSI (Open Source Initiative), thus Bonmin is OSI Certified Open Source Software:

https://projects.coin-or.org/Bonmin

Ipopt

IPOPT (Interior Point OPTimizer, pronounced eye-pea-Opt) is a software package for large-scale nonlinear optimization. IPOPT implements an interior-point algorithm for continuous, nonlinear, nonconvex, constrained optimization problems. It is meant to be a general purpose nonlinear programming (NLP) solver. However, it is mainly written for large-scale problems with up to a million of variables and constraints. (For such large problems, it is assumed that the derivative matrices are sparse.) Please see the Ipopt Homepage for a more detailed description:

https://projects.coin-or.org/Ipopt/wiki

Ipopt is written in C++ and is released as open source code under the Eclipse Public License (EPL). It is available from the COIN-OR initiative. The code has been written by Andreas Wächterand Carl Laird. The COIN-OR project managers for Ipopt are Andreas Wächter und Stefan Vigerske.

RBFOpt

Copyright (c) 2014, Singapore University of Technology and Design (SUTD).

Supported by the SUTD-MIT International Design Centre, Singapore.

All rights reserved.

RBFOpt requires the solution of convex and nonconvex nonlinear programs (NLPs), as well as nonconvex mixed-integer nonlinear programs (MINLPs) if some of the decision variables (design parameters) are constrained to be integer. Solution of these subproblems is performed through Pyomo, which supports any solver with an AMPL interface (.nl file format). In our tests we employed BonMin and Ipopt, that are open-source and available through the COIN-OR repository. The end-user is responsible for checking that they have the right to use whatever solver they employs.

https://projects.coin-or.org/RBFOpt/wiki

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of the Singapore University of Technology and Design (SUTD) nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL <COPYRIGHT HOLDER> BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.