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Banjo Registration Form

Please complete the following form. All fields are required. We will not sell, lease, give away, laugh at, abuse, or otherwise do bad things with your personal information under any circumstance. We are only collecting this information so we know how many people are using our software and where they are located. This information helps us to tailor the software to our user community and secure funding for further improvements to the software. If you wish to receive an email notification when the software is updated (which should only be occasionally), please be sure to check the appropriate box because it is not checked by default.

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Check here if you would like to receive an email update when a new version of Banjo becomes available.


License Agreement Overview

You may license this software either under the non-commercial use license shown below or under a specially-negotiated non-exclusive commercial use license. You may choose which type of license is more appropriate for your needs. For strictly non-commercial use of the software, you may prefer to license the software under the non-commercial use license below. The term ‘commercial use’ is defined broadly: if the software is used for commercial gain or to further any commercial purpose, a commercial use license is required. If you have any question about whether your use would be considered commercial, or if you would like to negotiate a non-exclusive commercial use license, please contact us. Our addresses as of February 2010 are:

Alexander J. Hartemink, Ph.D.
Associate Professor
Department of Computer Science
Duke University
Box 90129
Durham, NC 27708-0129

Henry Berger, Ph.D.
Licensing Director for Pratt School of Engineering
Office of Licensing & Ventures
Duke University
Box 90083
Durham, NC 27708-0083


Non-Commercial License Agreement

IMPORTANT NOTICE: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE PROCEEDING TO USE THE SOFTWARE.

1. DEFINITIONS:

“Licensor” means Duke University.

“Licensee” means You, if you accept the terms of this Agreement.

“Authors” means Jurgen Sladeczek and Alexander J. Hartemink.

“Software” means the Banjo (Bayesian Network Inference with Java Objects) software package, including executable and source code versions, and any subsequent upgrades, updates, or modifications to Banjo provided by Authors or Licensor.

“Commercial Use” means any attempt, whether intentional or not, to copy, use, modify, or distribute, in whole or in part, Software or related documentation for financial or commercial gain, or to further the aims of any company, including but not limited to use of Software in the research division of a company, use of Software to improve a business or financial model, production of derivative works based on Software that will be sold or offered for sale, incorporation of Software into a product or collection of products that will be sold or offered for sale, or distribution of Software commercially.

2. LICENSE GRANT.

Licensor grants to Licensee a non-exclusive, worldwide, royalty-free, perpetual, non-transferable, single-user license to copy, use, modify, and distribute executable and source code versions of Software and related documentation for any use that is not Commercial Use. Licensee is free to make modified versions of Software, provided that executable and source code versions of such derivative works are made readily available to others on these same terms, without fee or any other charge. Unmodified Software or related documentation should be distributed by providing a link to Licensor's Software website (the URL is http://www.cs.duke.edu/~amink/software/banjo/). This license does not entitle Licensee to any installation support, technical support, telephone assistance, maintenance, or enhancements, modifications, or updates to Software.

3. RESTRICTIONS.

Except as otherwise expressly permitted in this Agreement, Licensee may not (i) sell, rent, lease, or sublicense rights in Software; (ii) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in Software or related documentation; or (iii) use the name of Licensor or Authors in any manner related to Software without their prior written permission.

4. FEES.

Software is provided without fee, provided that Licensee's use is not Commercial Use. If Licensee is interested in Commercial Use of Software, Licensee shall contact Licensor to negotiate a non-exclusive commercial use license, which may include a license fee. If Licensee fails to negotiate such a license, but nevertheless uses Software for any Commercial Use, Licensee shall be deemed in material breach of this Agreement and agrees to pay monetary damages to Licensor, compensatory and possibly punitive. In the event of a successful action brought to enforce this provision, Licensor shall be further entitled to recover reasonable attorney's fees and costs.

5. TERMINATION.

License and the rights granted hereunder shall terminate automatically if Licensee breaches any of the terms or conditions of this Agreement, unless Licensee receives written permission from Licensor to exercise rights under the license in spite of a breach. Upon termination, Licensee agrees to destroy all copies of Software and related documentation, including copies made for backup purposes.

6. PROPRIETARY RIGHTS.

Software and related documentation constitute published works and are protected by copyright and other intellectual property laws and by international treaties. All rights, title to, and ownership interest in Software, including all intellectual property rights therein, belong to and shall remain with Licensor. Licensee acknowledges such ownership and intellectual property rights and agrees not to take any action that jeopardizes, limits, undermines, or in any manner interferes with Licensor's ownership and intellectual property rights with respect to Software.

7. MANDATORY NOTICE.

Both the notice below and the full terms of this Agreement shall be embedded in any location or medium in which Software or related documentation is stored, copied, or reproduced, and shall be loaded into computer memory for use, display, or reproduction in any copy of Software or related documentation, including derivative works. The notice to accompany the full terms of this Agreement shall state:

“Banjo is licensed from Duke University.
Copyright © 2005-2014 by Alexander J. Hartemink.
All rights reserved.”

8. DISCLAIMER OF WARRANTY.

SOFTWARE IS PROVIDED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT ON AN “AS IS” BASIS. LICENSOR MAKES NO REPRESENTATIONS OF AND SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES THAT SOFTWARE IS MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, NON-INFRINGING, ACCURATE, OR FREE FROM DEFECTS, WHETHER DISCOVERABLE OR NOT. LICENSEE BEARS THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE. SHOULD SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE ASSUMES SOLE RESPONSIBILITY AND LIABILITY FOR THE ENTIRE COST OF ANY SERVICE AND REPAIR IN CONNECTION THEREWITH. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

9. LIMITATION OF LIABILITY.

IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL LICENSOR BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PORTION OF SOFTWARE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND WITHOUT REGARD TO WHETHER SUCH CLAIM OR ALLEGATION IS BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY).

10. MISCELLANEOUS.

(a) This Agreement constitutes the entire Agreement between the parties concerning the subject matter hereof. (b) This Agreement may be amended only by mutual written agreement, signed by both parties. (c) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of North Carolina, U.S.A., excluding its conflict of law provisions. (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (e) If any provision in this Agreement should be held invalid or unenforceable by a court having jurisdiction, such provision shall be modified to the minimum extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (f) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (g) The provisions of this Agreement which require or contemplate performance after the termination of this Agreement shall be enforceable notwithstanding said termination. (h) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. (i) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, and permitted assigns. (j) The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way. (k) The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning.


I hereby acknowledge that I have read and agree to the above licensing agreement.