Comet License for Non-Profit Institutions of Learning WHEREAS, the Center for Language Study of Yale University ("the CLS") has developed an application titled COMET (Course Materials and Exercise Templates) comprised of a series of nine templates titled ART (Annotated Reading Tool), CRAFT (Companion for Reading Authentic Foreign Texts), VISION (Video Software for Instruction On-Line), PICTURE DICTIONARY, LISTENING OPTIONS, LECTURE NOTES, DICTATION, EXERCISES, and GRAMMAR CONCEPTS AND REFERENCE for use in the teaching of foreign languages ("the Comet software"); and WHEREAS, the CLS owns all right, title and interest, including copyright, to the Comet software; and WHEREAS, the CLS wishes to make the Comet software available for use by other non-profit institutions of learning on a royalty-free basis pursuant to certain conditions set forth below; and WHEREAS, the entity agreeing to the terms of this License ("Licensee") desires to obtain such a royalty-free license; NOW, THEREFORE, the CLS and Licensee hereby agree as follows: 1. Licensee is hereby granted a royalty-free, non-exclusive license to download the source code for the Comet software from the CLS Website, to produce copies of the Comet software from such source code and to use the Comet software in connection with preparation of materials for foreign language instruction. 2. The source code for the Comet software is the preferred form of the Comet software for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. 3. Licensee may copy and distribute to other non-profit institutions of learning verbatim copies of the source code for the Comet software, provided that: (1) Licensee conspicuously displays on each copy an appropriate copyright notice and disclaimer of warranty as set forth below; (2) Licensee keeps intact all the notices that refer to this License and to the absence of any warranty; and (3) that Licensee gives any other recipients of the source code a copy of this License along with the source code. 4. Licensee may not charge a fee for the physical act of transferring a copy and may not offer warranty protection in exchange for a fee. 5. Licensee may modify its copies of the source code for the Comet software, thus forming a work based on the source code and may copy and may distribute such modifications under the terms of Paragraph 3 hereof, provided that Licensee meets all of the following conditions: a) Licensee must modify the source code files to carry prominent notices stating that the files have been modified by Licensee and setting forth the date of each change; b) Licensee must cause any modified source code to be distributed and licensed to other institutions of learning at no charge and under the terms of this License; and c) Licensee must furnish copies of any modified source code to the CLS by posting them on the web site from which copies of the source code are downloaded. 6. Licensee may copy and distribute the Comet software in object code or executable form under the terms of this License, provided that Licensee also does one of the following: a) accompanies it with the complete corresponding machine- readable source code, which must be distributed under the terms of this License on a medium customarily used for software interchange; or b) accompanies it with a written offer, valid for at least three years, to give any third party a complete machine-readable copy of the corresponding source code, to be distributed in accordance with the terms of this License on a medium customarily used for software interchange; or c) accompanies it with the information Licensee received as to the offer to distribute corresponding source code if the Licensee received the software in object code or executable form with an offer in accordance with Subsection b above. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 7. Licensee may not copy, modify or distribute the Comet software except as expressly provided under this License. Any attempt otherwise to copy, modify or distribute the Comet software is void, and will automatically terminate Licensee's rights under this License. However, parties who have received authorized copies, or rights, from Licensee under this License will not have their licenses terminated so long as such parties remain in full compliance with the terms of this License. 8. Licensee is not required to accept this License, since Licensee has not signed it. However, nothing else grants Licensee permission to use, modify or distribute the Comet software. These actions are prohibited by law if Licensee does not accept this License. Therefore, by using, modifying or distributing the Comet software, Licensee indicates acceptance of this License and all its terms and conditions for copying, distributing or modifying the Comet software. 9. Each recipient of a copy of the Comet software from Licensee in accordance with the terms and conditions of this License will automatically receive a license from the CLS to use, copy, distribute or modify the Comet software subject to the terms and conditions of this License. Licensee may not impose any further restrictions on a recipient's exercise of the rights granted herein. Licensee is not responsible for enforcing compliance by third parties with the terms of this License. 10. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on Licensee (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse Licensee from the conditions of this License. If Licensee cannot use, copy, modify or distribute the Comet software so as to satisfy simultaneously Licensee's obligations under this License and any other pertinent obligations, then as a consequence Licensee may no longer use, copy, modify or distribute the Comet software. For example, if a patent license would not permit royalty-free redistribution of the Comet software by all those receiving copies directly or indirectly through Licensee, then the only way to satisfy both the Patent License and this License would be to refrain entirely from using, copying, modifying and distributing the Comet software. 11. If any provision of this License is held invalid or unenforceable under any particular circumstance, the balance of the License will continue to govern the activities of Licensee as if the invalid or unenforceable provision were not a part of the License. 12. If the use, copying, modification and/or distribution of the Comet software is restricted in certain countries either by patent or by copyrighted interfaces, the CLS may add an explicit geographical limitation on use, copying, modification and/or distribution excluding those countries. In such case, this License will be deemed to incorporate the limitation as if written in the body of this License. NO WARRANTY 13. BECAUSE THE COMET SOFTWARE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, THE CLS AND/OR OTHER PARTIES PROVIDE THE COMET SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS TO BE BORNE BY LICENSEE. SHOULD THE COMET SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 14. IN NO EVENT, UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING, WILL THE CLS OR ANY OTHER PARTY WHO MAY USE, COPY, MODIFY AND/OR REDISTRIBUTE THE COMET SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO LICENSEE FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE COMET SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY LICENSEE OR THIRD PARTIES OR A FAILURE OF THE COMET SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. License updated: 02 April, 2007