LICENSE

Volpe Center
End User License Agreement 
For Freight and Fuel Transportation Optimization Tool (FTOT)
IMPORTANT- READ CAREFULLY:   THIS END USER LICENSE AGREEMENT 
(“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (IN YOUR CAPACITY 
AS AN INDIVIDUAL AND AS AN AGENT FOR YOUR COMPANY, INSTITUTION OR 
OTHER ENTITY) (COLLECTIVELY, “YOU” OR “LICENSEE”) AND THE U.S.  
DEPARTMENT OF TRANSPORTATION, JOHN A. VOLPE NATIONAL 
TRANSPORTATION SYSTEMS CENTER (“VOLPE CENTER”).   DOWNLOADING, 
INSTALLING, USING, OR COPYING OF THE SOFTWARE (AS DEFINED BELOW) 
BY YOU OR BY A THIRD PARTY ON YOUR BEHALF INDICATES YOUR 
AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS 
AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO 
NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

Description of FTOT:
“Freight and Fuel Transportation Optimization Tool (FTOT)” is the software tool that the 
Volpe Center created to facilitate freight and fuel commodity scenario exploration to 
evaluate optimal routing, flows, costs, emissions, and fuel demand for supply chains and 
transportation analyses.
1.	LICENSE.  The Volpe Center grants you, and you hereby accept, a non-exclusive, non-
transferable, royalty-free license to install and use  the software, in executable code 
format only, together with any associated media, printed materials, and electronic 
documentation (if any) provided by the Volpe Center (collectively, the “Software” or 
“FTOT”), subject to the following terms and conditions:

a)	You may use the Software solely for your own internal use.  You agree that you will not 
use the Software for any commercial purpose.    If  you  desire  to  use  the  Software  
in  any  purpose  other  than  use  as  described  in  this paragraph, you must 
seek written permission from the Volpe Center by contacting by email 
addressed to: kristin.lewis@dot.gov.
b)	The software may be used solely by the individual downloading the software who has 
agreed to the terms of this license.  You may not transfer a copy of the Software to any 
third party, nor may you allow the Software to be accessed over a network or the internet 
in a manner that would allow users to access the Software who are not employed by you, 
without the prior written consent of the Volpe Center;
c)	You may copy  the Software  solely  to the extent  reasonably  necessary  to exercise  the 
foregoing  license,  and for backup  and archival purposes; provided however that (i) you 
must reproduce all proprietary notices on any copies of the Software and you must not 
remove or alter those notices; (ii) all copies of the Software shall be subject to the terms 
of this Agreement; and (iii) you may not otherwise copy or allow copies of the Software 
to be made; (iv) you may not use the Volpe Center, U.S. Department of Transportation, 
or U.S. government name nor any adaptation thereof, nor the names of any their 
employees in any advertising, promotional or sales literature, except that you as the 
licensee shall give appropriate credits in professional journals and publications as 
follows: “Volpe, The National Transportation Systems Center.  2019. Freight and Fuel 
Transportation Optimization Tool (FTOT).  Cambridge, MA.”; and
d)	You may not modify, alter, or create derivative works of the Software in any manner. You 
may not rent, lease, loan, sublicense, distribute or transfer the Software to any third 
party.

2.	NO MAINTENANCE OR SUPPORT.  The Volpe Center is under no obligation 
whatsoever to: (i) provide maintenance or support for the Software; or (ii) to notify you 
of bug fixes, patches or upgrades to the Software (if any).  If, in its sole discretion, the 
Volpe Center makes a Software bug fix, patch or upgrade available to you and the Volpe 
Center does not separately enter into a written license agreement with you relating to 
such bug fix, patch or upgrade, then it shall be deemed incorporated into the Software 
and subject to this Agreement. 
3.	LICENSE FEE.  The software is provided at no cost to the licensee.
4.	U.S. GOVERNMENT RIGHTS.  The Software was developed by the Volpe 
Center. The U.S. Department of Transportation and U.S. 
Government  hereby  reserve  all rights,  title and  interest  in  and  to the  
Software  which  are not explicitly  granted  to you  herein;  and without  limiting  the 
generality  of the foregoing,  you do not acquire any rights, express or implied, in the 
Software, other than those specifically set forth in this Agreement.
5.	WARRANTY DISCLAIMER.  THE SOFTWARE   IS SUPPLIED   “AS  IS”  
WITHOUT   WARRANTY   OF  ANY  KIND.  THE VOLPE CENTER, THE  UNITED  
STATES,  THE  UNITED  STATES  DEPARTMENT  OF  TRANSPORTATION,  AND 
THEIR EMPLOYEES:  (1) DISCLAIM  ANY WARRANTIES,  EXPRESS  OR IMPLIED,  
INCLUDING  BUT NOT LIMITED  TO ANY IMPLIED WARRANTIES OF 
MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON- 
INFRINGEMENT,   (2) DO   NOT   ASSUME   ANY   LEGAL   LIABILITY   OR   
RESPONSIBILITY   FOR   THE   ACCURACY, COMPLETENESS,  OR USEFULNESS  
OF THE  SOFTWARE,  (3) DO  NOT  REPRESENT  THAT  USE  OF THE 
SOFTWARE WOULD   NOT  INFRINGE   PRIVATELY   OWNED   RIGHTS,   (4) DO  
NOT  WARRANT   THAT   THE  SOFTWARE   WILL FUNCTION 
UNINTERRUPTED,  THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE 
CORRECTED.
6.	LIMITATION OF LIABILITY.   IN  NO  EVENT  WILL  THE VOLPE CENTER, U.S. 
DEPARTMENT OF TRANSPORTATION, UNITED STATES BE  LIABLE  FOR  ANY 
INDIRECT,   INCIDENTAL,   CONSEQUENTIAL,   SPECIAL   OR  PUNITIVE   
DAMAGES   OF  ANY   KIND   OR  NATURE, INCLUDING  BUT  NOT  LIMITED  
TO  LOSS  OF  PROFITS  OR  LOSS  OF  DATA,  FOR  ANY  REASON  
WHATSOEVER, WHETHER  SUCH  LIABILITY  IS  ASSERTED  ON  THE  BASIS  
OF  CONTRACT,  TORT  (INCLUDING  NEGLIGENCE  OR STRICT LIABILITY), OR 
OTHERWISE, EVEN IF THE VOLPE CENTER HAS BEEN WARNED OF THE 
POSSIBILITY OF SUCH LOSS OR DAMAGES.   IN NO EVENT SHALL THE VOLPE 
CENTER’S LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH 
THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
7.	INDEMNITY.  You shall indemnify, defend, and hold harmless the Volpe 
Center, the U.S. Department of Transportation, the U.S. 
Government,  the Software developers, the Software sponsors, and their agents, 
officers, and employees,  against any and all claims, suits, losses, damage, costs, 
fees, and expenses arising out of or in connection  with this Agreement.   You shall 
pay all costs incurred by the Volpe Center in enforcing this provision, including 
reasonable attorney fees.
8.	TERM AND TERMINATION.   The license granted to you under this Agreement will 
continue perpetually unless terminated by the Volpe Center in accordance with this 
Agreement.   If you breach any term of this Agreement, and fail to cure such breach 
within thirty (30) days of the date of written notice, this Agreement shall immediately 
terminate. Upon any such termination, you shall immediately cease using the Software 
and destroy all copies of the Software.  Termination shall not relieve you from your 
obligations arising prior to such termination. Notwithstanding any provision of this 
Agreement to the contrary, Sections 4 through 10 shall survive termination of this 
Agreement.
9.	EXPORT CONTROLS.  You shall observe all applicable United States and foreign laws 
and regulations (if any) with respect to the export,  re-export,  diversion  or transfer  of 
the Software,  related  technical  data and direct products  thereof,  including,  without 
limitation,  the International  Traffic  in Arms  Regulations  (ITAR)  and  the Export  
Administration  Regulations.  The export of any technology from the United States, 
including without limitation the Software and related technical data, may require some 
form of export control license from the U.S. Government and, pursuant to U.S. laws, and 
failure to obtain any required export control license may result in criminal liability under 
U.S. laws.
 10. GENERAL.   This Agreement shall be governed by the laws of the United States.  No 
provision in either party's purchase orders, or in any other business forms employed by 
either party will supersede the terms of this Agreement, and no modification or 
amendment of this Agreement is binding, unless in writing signed by a duly authorized 
representative of each party.   This Agreement is binding upon and shall inure to the 
benefit of the Volpe Center, its successors and assigns.  This Agreement represents the 
entire understanding of the parties, and supersedes all previous communications, 
written or oral, relating to the subject of this Agreement.    If you have  questions  
concerning  FTOT including, but not limited to  1) seeking permission for other uses; 2) 
your interest in collaborating with the Volpe Center; and 3) providing feedback regarding 
the software,  please  contact  the Volpe Center via the GitHub repository by submitting 
an Issue on the site.
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU ARE 
INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN.