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Restricted Software License Agreement

Sandia Corporation ("SANDIA"), under its Contract No. DE-AC04-94AL85000 with the United States Department of Energy for the management and operation of the Sandia National Laboratories, Livermore, California and Albuquerque, New Mexico, has developed the MATLAB Tensor Toolbox, herein called "TENSOR TOOLBOX". By downloading this software, the licensee ("YOU") agree to the following terms:

1. Grants
1. Subject to the terms and conditions of this Agreement, including Attachment A, YOU are granted a nontransferable, nonexclusive right and license, without the right to sublicense, to: use, modify, and/or make derivative works or compilations of the TENSOR TOOLBOX for research and evaluation purposes only.
2. YOU agree that this restricted license does not allow YOU to make any proprietary or commercial use of the TENSOR TOOLBOX such as but not limited to the copying, distribution, displaying, performing, manufacturing, selling, or offering for sale of any product or service using the TENSOR TOOLBOX.
3. YOU agree to give credit to the original authors (Brett W. Bader and Tamara G. Kolda) at SANDIA in any work that results from using the TENSOR TOOLBOX.
4. If YOU intend to sell or offer for sale any portion of TENSOR TOOLBOX or any modifications, derivative works, compilations, products or services of the TENSOR TOOLBOX, then YOU must obtain the appropriate license from SANDIA by contacting Sandia Software Licensing Manager, Craig A. Smith at +1 (925) 294-3358.
2. Reproduction and Distribution
   
   1. YOU agree not to use the TENSOR TOOLBOX except as authorized herein, and that YOU will not make, have made, or permit to be made, any copies of the TENSOR TOOLBOX, except to be used within your own facilities for research and evaluation purposes.
   2. YOU agree to have other users download the TENSOR TOOLBOX from its distribution web site, currently http://csmr.ca.sandia.gov/~tgkolda/TensorToolbox.
3. Disclaimer
   1. NEITHER SANDIA, THE UNITED STATES NOR THE UNITED STATES DEPARTMENT OF ENERGY, NOR ANY OF THEIR EMPLOYEES MAKES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, OR ASSUMES ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ITS USE BY ANYONE.
   2. The U.S. Government has a paid-up, nonexclusive, irrevocable worldwide license in the TENSOR TOOLBOX to reproduce, prepare derivative works, and perform publicly and display publicly by or on behalf of the U.S. Government.
   3. The U.S. Government is neither a party to nor assumes any liability for activities of the Contractor (SANDIA) in connection with this License Agreement.
4. Indemnity
   1. Except for negligent acts or omissions of SANDIA, if YOU, your assignees or licensees, makes, uses or sells a product, process or service that includes the TENSOR TOOLBOX, then YOU shall indemnify SANDIA and the U.S. Government for all damages, costs, and expenses, including attorneys' fees, arising from personal injury or property damage occurring as a result of making, using or selling the product or process.
   2. SANDIA warrants that the TENSOR TOOLBOX is an original work of authorship owned or controlled by SANDIA.
   3. SANDIA warrants that it has the right to license copyrights in the TENSOR TOOLBOX.
5. Export Control Notice
   1. The export of articles and information from the U.S. may require a government license; violators subject to criminal penalties.
6. No Waivers
   1. The failure of SANDIA, at any time, to exercise any right or remedy of this Agreement shall not be construed to be a waiver of such right or remedy nor preclude SANDIA from exercising such right and remedy thereafter.
7. Controlling Law
   1. This Agreement shall be construed according to the laws of the State of California and the United States of America.

Attachment A

1. Tensor Toolbox
   TENSOR TOOLBOX is a Sandia Corporation copyrighted software, SCR #926, that provides a collection of MATLAB classes for tensor manipulations that can be used for fast algorithm prototyping.
2. License Fees:
   TENSOR TOOLBOX is being offered at no cost under this agreement. Commercial distribution licenses for TENSOR TOOLBOX are available from Sandia at reasonable rates.

Registration

Thank you for registering and agreeing to the terms of the license above. The more registered users that we have, the more support we will get from our lab to continue our work on this project.