END-USER:

Any person, entity, company or organization that uses THE PRODUCT for their own internal use, in their capacity as such, but specifically excluding those who pass THE PRODUCT on to third parties.

NODE:

Either a physical or a virtual computer whose IP address is configured to be part of a MOSIX cluster or grid. For example, computers with more than one symmetric processors (SMP) are counted as one node, because they share the same IP address, but two instances of virtual-machines running on a single-processor computer are counted as two nodes because they have different IP addresses.

GRID:

A collection of cooperating clusters (also known as 'multi-cluster')

CONTRIBUTION:

A suggestion to add to, delete from, improve or modify THE PRODUCT, including, but not limited to, in descriptive language or algorithm specification.

THE PRODUCT is the intellectual property of the Copyright owner (currently, Amnon Barak or Amnon Shiloh or both). You agree that THE PRODUCT, in whole or in part, including any derivative, is, and shall at all times remain the property of the Copyright owner. You shall have no right, title or interest therein or thereto except as expressly set forth in this LICENSE.

You may use THE PRODUCT only as an END-USER and only to run and make backup copies of THE PRODUCT in association with computer devices.

You may run THE PRODUCT on up to _______ nodes at any given time.

You acknowledge that in case you configure more than the above number of nodes as part of your cluster and/or grid, the MOSIX software may stop functioning (fully or partially) - even if the number of nodes that actually run THE PRODUCT has not exceeded the above limit (however, the fact that MOSIX functions correctly does not necessarily indicate that the number of permitted nodes was not exceeded).

Any use of THE PRODUCT not specifically permitted by the Copyright owner is hereby excluded from this License Agreement. In particular, this also implies that you are not allowed to rent, lease, sell, sublicense, assign, modify, re-distribute, reverse-engineer, make commercial products based on THE PRODUCT, or otherwise transfer or provide copies of THE PRODUCT or any part of THE PRODUCT to any other party without the prior written permission of the Copyright owner.

You have no obligation to send the Copyright owner any CONTRIBUTION to THE PRODUCT. By sending CONTRIBUTIONS to the Copyright owner, you relinquish your rights to those CONTRIBUTIONS, and make them the intellectual property of the Copyright owner (with all the legal implications). The Copyright owner will not be obliged to include the CONTRIBUTIONS or any parts thereof in future releases of THE PRODUCT.

Before sending any CONTRIBUTION, IT IS YOUR RESPONSIBILITY to make sure that your CONTRIBUTION is your own creation and that it is free from any conflicting License, Patent, Trademark, trade-secret, or other intellectual-property rights.

Reverse-engineering of THE PRODUCT is not allowed.

THE COPYRIGHT OWNER, AS WELL AS ANY PREVIOUS COPYRIGHT OWNER, MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU ACKNOWLEDGE THAT THE PRODUCT IS BEING SUPPLIED ``AS IS'', WITHOUT ANY ACCOMPANYING SERVICES. THE COPYRIGHT OWNER, AS WELL AS ANY PREVIOUS COPYRIGHT OWNER, DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.

You agree to indemnify, defend and hold harmless the Copyright owner, any previous Copyright owners and their officers, and employees, either in their individual capacities or by reason of their relationship to the Copyright owner or any previous Copyright owner, with respect to any expense, claim, liability, loss or damages, including any direct, indirect, special, incidental or consequential damages (including lost profits), whether incurred, made or suffered by LICENSEE or by other third parties, in connection with or in any way arising out of the furnishing, performance or use of THE PRODUCT in connection with this agreement. Your obligations include, but are not limited to, your obligation to indemnify, defend, and hold the Copyright owner as well as any previous Copyright owner, their agents, officers and employees harmless in the case of any claim of copyright, trade secret, patent, or any other type of proprietary rights infringement based in any manner on your use of THE PRODUCT as well as your failure for whatever reason to disclose such infringements relating to your CONTRIBUTIONS.

THE COPYRIGHT OWNER, AS WELL AS ANY PREVIOUS COPYRIGHT OWNER, SHALL NOT BE LIABLE FOR ANY COSTS, DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING LOST PROFITS), FEES INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, OR OTHER LIABILITY WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING FROM THIS AGREEMENT OR USE OF THE PRODUCT.

This agreement shall be governed by and construed in accordance with the laws of AUSTRALIA only. The courts of Australia and specifically and uniquely the courts in the state of South Australia, Australia shall have the sole and only jurisdiction to adjudicate any matter or dispute related to or in connection with this License Agreement.