1. Licensee agrees that the Software and the Derivatives will be used solely for non-commercial research or educational purposes. Licensee is not permitted to sell, lease, distribute, transfer, sublicense, or otherwise dispose of the Software and the Derivatives, in whole or in part, for any form of actual or potential commercial gain or consideration;
2. Copyright of the Software is and will remain with The Trustees of Columbia University in the City of New York and/or its employees, consultants and students, and shall at no point transfer to Licensee. Any copyright notices on the Software shall be included on all copies of the Derivatives, or any parts or portions thereof, in any form, manner or substance, which are produced by the Licensee including but not limited to incorporation of the Software into any other program, technical data, documentation, firmware, or other information of the like kind, type or quality;
3. Any externally disseminated publications such as, but not limited to, manuals, technical reports, articles in journals, papers in conference or workshop proceedings, and marketing brochures or advertisements for sale or distribution of products, written in whole or in part by Licensee personnel, including but not limited to employees, consultants or students of Licensee, that are based in any part on the ideas of the Programming Systems Lab or the Software shall acknowledge Prof. Gail Kaiser and her Programming Systems Lab at Columbia University, with citations to their published literature when appropriate;
4. Licensee acknowledges that the Software is being supplied in an "as is" condition without any support services or future updates or releases. Columbia may or may not make future updates and releases available to Licensee under this same or another licensing agreement, but Columbia is in no way obligated to do so. If Licensee discovers any defects or limitations in the Software, Licensee is encouraged to inform Columbia by sending electronic mail to MarvelUS@cs.columbia.edu. Columbia will not necessarily acknowledge any reports or make any requested changes to the Software;
5. Columbia makes no guarantees, warranties or representations of any kind, either express or implied. Furthermore, Columbia disclaims and Licensee waives and excludes any and all warranties of merchantability and any and all warranties of fitness for any particular purpose. Licensee agrees that neither Columbia nor its future, current or former personnel, including but not limited to employees, consultants and students, shall be held to any liability with respect to any claim by Licensee or a third party arising from or on account of the use of the Software or the Derivatives, regardless of the form of action; whether in contract or tort, including negligence. In no event will Columbia be liable for consequential or incidental damages of any nature whatsoever;
6. Licensee will guarantee that all actual or potential users of the Software, and all actual or potential producers of the Derivatives, within Licensee organization, or in organizations who have obtained or may obtain the Software or the Derivatives from Licensee, are aware of this agreement and of the terms for using the Software and producing Derivatives.