COPYRIGHT LICENSE AGREEMENT
This agreement (“AGREEMENT”) is made by and between
and The Regents Of The University Of California, a California corporation having its statewide administrative offices at 1111 Franklin Street,
Oakland, California 94607-5200 (“UNIVERSITY”), represented by its San Diego campus having an address at University of California, San
Diego, Technology Transfer & Intellectual Property Services, Mail-code 0910, 9500 Gilman Drive, La Jolla, California 92093-0910 (“UCSD”).
This Agreement is effective on the date of the last signature required below to complete this Agreement (“EFFECTIVE DATE”).
Whereas certain work disclosed in UCSD Disclosure Docket No. SD2005-815 and titled “HDDERASE” (“WORK”), was created in the course
of research at UCSD by Dr. Gordon Hughes and his associates ("Authors");
Whereas Authors are employees of UNIVERSITY and has assigned all titles and rights, including copyrights ("UNIVERSITY COPYRIGHTS"),
that subsist in WORK to UNIVERSITY;
Whereas UNIVERSITY is desirous that WORK and UNIVERSITY COPYRIGHTS be used by the public and has made WORK available in a
machine loadable and executable form (“MATERIAL”).
By the signatures below, UNIVERSITY hereby grants and LICENSEE hereby accepts a nonexclusive, non-transferable license for LICENSEE
to possess and use MATERIAL for the sole purpose of erasing hard drives in its facilities ("Purpose") under UNIVERSITY COPYRIGHTS.
LICENSEE shall not use MATERIAL for any other purpose and shall not transfer MATERIAL to any third party without the express written
consent of UNIVERSITY. LICENSEE shall safeguard MATERIAL against unauthorized transfer with the same degree of care as it exercises
with its own materials of a similar nature. The UNIVERSITY explicitly reserves all other proprietary rights including copyrights and patent
rights to the WORK and to the MATERIAL.
As consideration for the license, LICENSEE shall pay UNIVERSITY a license fee of Twenty-Five US Dollars (US$25). Payment shall be
made within 30 days after execution of this AGREEMENT. Upon receipt of the payment, UNIVERSITY shall deliver to LICENSEE a copy of
the MATERIAL. The license fee is non-refundable and shall be made with a check drawn on a US bank payable in US Dollars to “The
Regents of the University of California” and mailed to the UCSD Technology Transfer & Intellectual Property Services Office, 9500 Gilman Dr.
La Jolla, CA 92093-0910. (Please reference taxpayer identification number: 95-6006144 and docket number SD2005-815).
IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS MATERIAL, EVEN IF THE
UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE MATERIAL PROVIDED HEREIN IS ON AN "AS IS" BASIS, AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA HAS NO
OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS. THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER IMPLIED OR
EXPRESS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THAT THE USE OF MATERIAL WILL NOT INFRINGE ANY PATENT, TRADEMARK OR OTHER RIGHTS
OTHER THAN UNIVERSITY COPYRIGHTS.
IN WITNESS WHEREOF, both UNIVERSITY and LICENSEE have executed this AGREEMENT, in duplicate originals, by their respective and
duly authorized officers on the day and year written.
LICENSEE: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA:
Name: Name: Jane C. Moores, Ph.D.
Title: Title: Interim Director
Date: ___________________________________ Date:________________________________