diff options
Diffstat (limited to 'licenses')
| -rw-r--r-- | licenses/CeCILL-1.1 | 513 | ||||
| -rw-r--r-- | licenses/PGI | 262 | ||||
| -rw-r--r-- | licenses/ligplot+ | 138 | ||||
| -rw-r--r-- | licenses/polyphen | 7 | ||||
| -rw-r--r-- | licenses/signalp | 218 | ||||
| -rw-r--r-- | licenses/tmhmm | 217 |
6 files changed, 0 insertions, 1355 deletions
diff --git a/licenses/CeCILL-1.1 b/licenses/CeCILL-1.1 deleted file mode 100644 index b4efe1181..000000000 --- a/licenses/CeCILL-1.1 +++ /dev/null @@ -1,513 +0,0 @@ - FREE SOFTWARE LICENSING AGREEMENT CeCILL - ======================================== - - -Notice ------- - - -This Agreement is a free software license that is the result of discussions -between its authors in order to ensure compliance with the two main -principles guiding its drafting: - - firstly, its conformity with French law, both as regards the law of - torts and intellectual property law, and the protection that it offers - to authors and the holders of economic rights over software. - - secondly, compliance with the principles for the distribution of free - software: access to source codes, extended user-rights. - -The following bodies are the authors of this license CeCILL (Ce : CEA, C : -CNRS, I : INRIA, LL : Logiciel Libre): - -Commissariat à l'Energie Atomique - CEA, a public scientific, technical and -industrial establishment, having its principal place of business at 31-33 -rue de la Fédération, 75752 PARIS cedex 15, France. - -Centre National de la Recherche Scientifique - CNRS, a public scientific -and technological establishment, having its principal place of business at -3 rue Michel-Ange 75794 Paris cedex 16, France. - -Institut National de Recherche en Informatique et en Automatique - INRIA, a -public scientific and technological establishment, having its principal -place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le -Chesnay cedex. - - -PREAMBLE --------- - - -The purpose of this Free Software Licensing Agreement is to grant users the -right to modify and redistribute the software governed by this license -within the framework of an "open source" distribution model. - -The exercising of these rights is conditional upon certain obligations for -users so as to ensure that this status is retained for subsequent -redistribution operations. - -As a counterpart to the access to the source code and rights to copy, modify -and redistribute granted by the license, users are provided only with a -limited warranty and the software's author, the holder of the economic -rights, and the successive licensors only have limited liability. - -In this respect, it is brought to the user's attention that the risks -associated with loading, using, modifying and/or developing or reproducing -the software by the user given its nature of Free Software, that may -mean that it is complicated to manipulate, and that also therefore means -that it is reserved for developers and experienced professionals having -in-depth computer knowledge. Users are therefore encouraged to load and test -the Software's suitability as regards their requirements in conditions -enabling the security of their systems and/or data to be ensured and, more -generally, to use and operate it in the same conditions of security. -This Agreement may be freely reproduced and published, provided it is -not altered, and that no Articles are either added or removed herefrom. - -This Agreement may apply to any or all software for which the holder of the -economic rights decides to submit the operation thereof to its provisions. - - -Article 1 - DEFINITIONS ------------------------- - - -For the purposes of this Agreement, when the following expressions commence -with a capital letter, they shall have the following meaning: - -Agreement: means this Licensing Agreement, and any or all of its subsequent -versions. - -Software: means the software in its Object Code and/or Source Code form -and, where applicable, its documentation, "as is" at the time when the -Licensee accepts the Agreement. - -Initial Software: means the Software in its Source Code and/or Object Code -form and, where applicable, its documentation, "as is" at the time when it -is distributed for the first time under the terms and conditions of the -Agreement. - -Modified Software: means the Software modified by at least one -Contribution. - -Source Code: means all the Software's instructions and program lines to -which access is required so as to modify the Software. - -Object Code: means the binary files originating from the compilation of the -Source Code. - -Holder: means the holder of the economic rights over the Initial -Software. - -Licensee(s): mean(s) the Software user(s) having accepted the Agreement. - -Contributor: means a Licensee having made at least one Contribution. - -Licensor: means the Holder, or any or all other individual or legal entity, -that distributes the Software under the Agreement. - -Contributions: mean any or all modifications, corrections, translations, -adaptations and/or new functionalities integrated into the Software by any -or all Contributor, and the Static Modules. - -Module: means a set of sources files including their documentation that, -once compiled in executable form, enables supplementary functionalities or -services to be developed in addition to those offered by the Software. - -Dynamic Module: means any or all module, created by the Contributor, that -is independent of the Software, so that this module and the Software are in -two different executable forms that are run in separate address spaces, -with one calling the other when they are run. - -Static Module: means any or all module, created by the Contributor and -connected to the Software by a static link that makes their object codes -interdependent. This module and the Software to which it is connected, are -combined in a single executable. - -Parties: mean both the Licensee and the Licensor. - -These expressions may be used both in singular and plural form. - - -Article 2 - PURPOSE -------------------- - - -The purpose of the Agreement is to enable the Licensor to grant the -Licensee a free, non-exclusive, transferable and worldwide License for the -Software as set forth in Article 5 hereinafter for the whole term of -protection of the rights over said Software. - - -Article 3 - ACCEPTANCE ----------------------- - - -3.1. The Licensee shall be deemed as having accepted the terms and -conditions of this Agreement by the occurrence of the first of the -following events: -- (i) loading the Software by any or all means, notably, by downloading - from a remote server, or by loading from a physical medium; -- (ii) the first time the Licensee exercises any of the rights granted - hereunder. - -3.2. One copy of the Agreement, containing a notice relating to the -specific nature of the Software, to the limited warranty, and to the -limitation to use by experienced users has been provided to the Licensee -prior to its acceptance as set forth in Article 3.1 hereinabove, and the -Licensee hereby acknowledges that it is aware thereof. - - -Article 4 - EFFECTIVE DATE AND TERM ------------------------------------ - - -4.1. EFFECTIVE DATE - -The Agreement shall become effective on the date when it is accepted by the -Licensee as set forth in Article 3.1. - -4.2. TERM - -The Agreement shall remain in force during the whole legal term of -protection of the economic rights over the Software. - - -Article 5 - SCOPE OF THE RIGHTS GRANTED ---------------------------------------- - - -The Licensor hereby grants to the Licensee, that accepts such, the -following rights as regards the Software for any or all use, and for the -term of the Agreement, on the basis of the terms and conditions set forth -hereinafter. - -Otherwise, the Licensor grants to the Licensee free of charge exploitation -rights on the patents he holds on whole or part of the inventions -implemented in the Software. - -5.1. RIGHTS OF USE - -The Licensee is authorized to use the Software, unrestrictedly, as regards -the fields of application, with it being hereinafter specified that this -relates to: -- permanent or temporary reproduction of all or part of the Software by - any or all means and in any or all form. -- loading, displaying, running, or storing the Software on any or all - medium. -- entitlement to observe, study or test the operation thereof so as to - establish the ideas and principles that form the basis for any or all - constituent elements of said Software. This shall apply when the - Licensee carries out any or all loading, displaying, running, - transmission or storage operation as regards the Software, that it is - entitled to carry out hereunder. - -5.2. entitlement to make CONTRIBUTIONS - -The right to make Contributions includes the right to translate, adapt, -arrange, or make any or all modification to the Software, and the right to -reproduce the resulting Software. - -The Licensee is authorized to make any or all Contribution to the Software -provided that it explicitly mentions its name as the author of said -Contribution and the date of the development thereof. - -5.3. DISTRIBUTION AND PUBLICATION RIGHTS - -In particular, the right of distribution and publication includes the right -to transmit and communicate the Software to the general public on any or -all medium, and by any or all means, and the right to market, either in -consideration of a fee, or free of charge, a copy or copies of the Software -by means of any or all process. -The Licensee is further authorized to redistribute copies of the modified -or unmodified Software to third parties according to the terms and -conditions set forth hereinafter. - -5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION - -The Licensee is authorized to redistribute true copies of the Software in -Source Code or Object Code form, provided that said redistribution complies -with all the provisions of the Agreement and is accompanied by: -- a copy of the Agreement, -- a notice relating to the limitation of both the Licensor's warranty - and liability as set forth in Articles 8 and 9, -and that, in the event that only the Software's Object Code is -redistributed, the Licensee allows future Licensees unhindered access to -the Software's full Source Code by providing them with the terms and -conditions for access thereto, it being understood that the additional cost -of acquiring the Source Code shall not exceed the cost of transferring the -data. - -5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE - -When the Licensee makes a Contribution to the Software, the terms and -conditions for the redistribution of the Modified Software shall then be -subject to all the provisions hereof. - -The Licensee is authorized to redistribute the Modified Software, in Source -Code or Object Code form, provided that said redistribution complies with -all the provisions of the Agreement and is accompanied by: -- a copy of the Agreement, -- a notice relating to the limitation of both the Licensor's warranty - and liability as set forth in Articles 8 and 9, -and that, in the event that only the Modified Software's Object Code is -redistributed, the Licensee allows future Licensees unhindered access to -the Modified Software's full Source Code by providing them with the terms -and conditions for access thereto, it being understood that the additional -cost of acquiring the Source Code shall not exceed the cost of transferring -the data. - - -5.3.3. redistribution OF DYNAMIC MODULES - -When the Licensee has developed a Dynamic Module, the terms and conditions -hereof do not apply to said Dynamic Module, that may be distributed under -a separate Licensing Agreement. - -5.3.4. COMPATIBILITY WITH THE GPL LICENSE - -In the event that the Modified or unmodified Software is included in a code -that is subject to the provisions of the GPL License, the Licensee is -authorized to redistribute the whole under the GPL License. - -In the event that the Modified Software includes a code that is subject to -the provisions of the GPL License, the Licensee is authorized to -redistribute the Modified Software under the GPL License. - - -Article 6 - INTELLECTUAL PROPERTY ----------------------------------- - - -6.1. OVER THE INITIAL SOFTWARE - -The Holder owns the economic rights over the Initial Software. Any or all -use of the Initial Software is subject to compliance with the terms and -conditions under which the Holder has elected to distribute its work and no -one shall be entitled to and it shall have sole entitlement to modify the -terms and conditions for the distribution of said Initial Software. - -The Holder undertakes to maintain the distribution of the Initial Software -under the conditions of the Agreement, for the duration set forth in -article 4.2.. - -6.2. OVER THE CONTRIBUTIONS - -The intellectual property rights over the Contributions belong to the -holder of the economic rights as designated by effective legislation. - -6.3. OVER THE DYNAMIC MODULES - -The Licensee having developed a Dynamic Module is the holder of the -intellectual property rights over said Dynamic Module and is free to choose -the agreement that shall govern its distribution. - -6.4. JOINT PROVISIONS - -6.4.1. The Licensee expressly undertakes: -- not to remove, or modify, in any or all manner, the intellectual - property notices affixed to the Software; -- to reproduce said notices, in an identical manner, in the copies of - the Software. - -6.4.2. The Licensee undertakes not to directly or indirectly infringe the -intellectual property rights of the Holder and/or Contributors and to take, -where applicable, vis-à-vis its staff, any or all measures required to -ensure respect for said intellectual property rights of the Holder and/or -Contributors. - - -Article 7 - RELATED SERVICES ------------------------------ - - -7.1. Under no circumstances shall the Agreement oblige the Licensor to -provide technical assistance or maintenance services for the Software. - -However, the Licensor is entitled to offer this type of service. The -terms and conditions of such technical assistance, and/or such -maintenance, shall then be set forth in a separate instrument. Only the -Licensor offering said maintenance and/or technical assistance services -shall incur liability therefor. - -7.2. Similarly, any or all Licensor shall be entitled to offer to its -Licensees, under its own responsibility, a warranty, that shall only be -binding upon itself, for the redistribution of the Software and/or the -Modified Software, under terms and conditions that it shall decide upon -itself. Said warranty, and the financial terms and conditions of its -application, shall be subject to a separate instrument executed between the -Licensor and the Licensee. - - -Article 8 - LIABILITY ----------------------- - - -8.1. Subject to the provisions of Article 8.2, should the Licensor fail to -fulfill all or part of its obligations hereunder, the Licensee shall be -entitled to claim compensation for the direct loss suffered as a result of -a fault on the part of the Licensor, subject to providing evidence of it. - -8.2. The Licensor's liability is limited to the commitments made under this -Licensing Agreement and shall not be incurred as a result , in particular: -(i) of loss due the Licensee's total or partial failure to fulfill its -obligations, (ii) direct or consequential loss due to the Software's use or -performance that is suffered by the Licensee, when the latter is a -professional using said Software for professional purposes and (iii) -consequential loss due to the Software's use or performance. The Parties -expressly agree that any or all pecuniary or business loss (i.e. loss of -data, loss of profits, operating loss, loss of customers or orders, -opportunity cost, any disturbance to business activities) or any or all -legal proceedings instituted against the Licensee by a third party, shall -constitute consequential loss and shall not provide entitlement to any or -all compensation from the Licensor. - - -Article 9 - WARRANTY ---------------------- - - -9.1. The Licensee acknowledges that the current situation as regards -scientific and technical know-how at the time when the Software was -distributed did not enable all possible uses to be tested and verified, nor -for the presence of any or all faults to be detected. In this respect, the -Licensee's attention has been drawn to the risks associated with loading, -using, modifying and/or developing and reproducing the Software that are -reserved for experienced users. - -The Licensee shall be responsible for verifying, by any or all means, the -product's suitability for its requirements, its due and proper functioning, -and for ensuring that it shall not cause damage to either persons or -property. - -9.2. The Licensor hereby represents, in good faith, that it is entitled to -grant all the rights on the Software (including in particular the rights -set forth in Article 5 hereof over the Software). - -9.3. The Licensee acknowledges that the Software is supplied "as is" by the -Licensor without any or all other express or tacit warranty, other than -that provided for in Article 9.2 and, in particular, without any or all -warranty as to its market value, its secured, innovative or relevant -nature. - -Specifically, the Licensor does not warrant that the Software is free from -any or all error, that it shall operate continuously, that it shall be -compatible with the Licensee's own equipment and its software -configuration, nor that it shall meet the Licensee's requirements. - -9.4. The Licensor does not either expressly or tacitly warrant that the -Software does not infringe any or all third party intellectual right -relating to a patent, software or to any or all other property right. -Moreover, the Licensor shall not hold the Licensee harmless against any or -all proceedings for infringement that may be instituted in respect of the -use, modification and redistribution of the Software. Nevertheless, should -such proceedings be instituted against the Licensee, the Licensor shall -provide it with technical and legal assistance for its defense. Such -technical and legal assistance shall be decided upon on a case-by-case -basis between the relevant Licensor and the Licensee pursuant to a -memorandum of understanding. The Licensor disclaims any or all liability as -regards the Licensee's use of the Software's name. No warranty shall be -provided as regards the existence of prior rights over the name of the -Software and as regards the existence of a trademark. - - -Article 10 - TERMINATION -------------------------- - - -10.1. In the event of a breach by the Licensee of its obligations -hereunder, the Licensor may automatically terminate this Agreement thirty -(30) days after notice has been sent to the Licensee and has remained -ineffective. - -10.2. The Licensee whose Agreement is terminated shall no longer be -authorized to use, modify or distribute the Software. However, any or all -licenses that it may have granted prior to termination of the Agreement -shall remain valid subject to their having been granted in compliance with -the terms and conditions hereof. - - -Article 11 - MISCELLANEOUS PROVISIONS --------------------------------------- - - -11.1. EXCUSABLE EVENTS - -Neither Party shall be liable for any or all delay, or failure to perform -the Agreement, that may be attributable to an event of force majeure, an -act of God or an outside cause, such as, notably, defective functioning, or -interruptions affecting the electricity or telecommunications networks, -blocking of the network following a virus attack, the intervention of the -government authorities, natural disasters, water damage, earthquakes, fire, -explosions, strikes and labor unrest, war, etc. - -11.2. The fact that either Party may fail, on one or several occasions, to -invoke one or several of the provisions hereof, shall under no -circumstances be interpreted as being a waiver by the interested Party of -its entitlement to invoke said provision(s) subsequently. - -11.3. The Agreement cancels and replaces any or all previous agreement, -whether written or oral, between the Parties and having the same purpose, -and constitutes the entirety of the agreement between said Parties -concerning said purpose. No supplement or modification to the terms and -conditions hereof shall be effective as regards the Parties unless it is -made in writing and signed by their duly authorized representatives. - -11.4. In the event that one or several of the provisions hereof were to -conflict with a current or future applicable act or legislative text, said -act or legislative text shall take precedence, and the Parties shall make -the necessary amendments so as to be in compliance with said act or -legislative text. All the other provisions shall remain effective. -Similarly, the fact that a provision of the Agreement may be null and -void, for any reason whatsoever, shall not cause the Agreement as a whole -to be null and void. - -11.5. LANGUAGE - -The Agreement is drafted in both French and English. In the event of a -conflict as regards construction, the French version shall be deemed -authentic. - - -Article 12 - NEW VERSIONS OF THE AGREEMENT -------------------------------------------- - - -12.1. Any or all person is authorized to duplicate and distribute copies of -this Agreement. - -12.2. So as to ensure coherence, the wording of this Agreement is protected -and may only be modified by the authors of the License, that reserve the -right to periodically publish updates or new versions of the Agreement, -each with a separate number. These subsequent versions may address new issues -encountered by Free Software. - -12.3. Any or all Software distributed under a given version of the -Agreement may only be subsequently distributed under the same version of -the Agreement, or a subsequent version, subject to the provisions of -article 5.3.4. - - -Article 13 - GOVERNING LAW AND JURISDICTION -------------------------------------------- - - -13.1. The Agreement is governed by French law. The Parties agree to -endeavor to settle the disagreements or disputes that may arise during the -performance of the Agreement out-of-court. - -13.2. In the absence of an out-of-court settlement within two (2) months as -from their occurrence, and unless emergency proceedings are necessary, the -disagreements or disputes shall be referred to the Paris Courts having -jurisdiction, by the first Party to take action. - - - Version 1.1 of 10/26/2004 - - - - - - - - - - - diff --git a/licenses/PGI b/licenses/PGI deleted file mode 100644 index a54f86c9b..000000000 --- a/licenses/PGI +++ /dev/null @@ -1,262 +0,0 @@ -PGI End-User License Agreement
-
-NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING, COPYING OR
-USING THE LICENSED SOFTWARE. THIS END-USER LICENSE AGREEMENT ("ELA") IS A
-LEGAL AGREEMENT BETWEEN YOU, THE LICENSEE (A SINGLE PERSON, INSTITUTION, OR
-LEGAL ENTITY) ("YOU"), AND STMICROELECTRONICS, N.V., A DUTCH CORPORATION,
-HAVING ITS PRINCIPAL PLACE OF BUSINESS AT STRAWINSKYLAAN 1725, TOWER B 17TH
-FLOOR, 1077 XX AMSTERDAM, THE NETHERLANDS, ACTING FOR THE PURPOSE OF THIS
-ELA THROUGH ITS SWISS BRANCH, 39, CHEMIN DU CHAMP DES FILLES, C. P. 21, CH
-1228 PLAN-LES-OUATES, GENEVA, SWITZERLAND ("ST") FOR THE LICENSED SOFTWARE,
-ASSOCIATED MEDIA, PRINTED MATERIAL, ELECTRONIC DOCUMENTATION OR ANY PORTION
-THEREOF ("SOFTWARE"). ST IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY
-UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS ELA.
-PLEASE READ THE ELA CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE,
-YOU ACCEPT ALL OF THE TERMS OF THE ELA. PLEASE INDICATE YOUR ACCEPTANCE OF
-ALL OF THE THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF
-THE ELA. IF YOU ARE UNWILLING TO BE BOUND BY ALL OF THE TERMS, PLEASE
-SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE ELA AND THE DOWNLOAD OR
-INSTALL PROCESS WILL STOP.
-
-
-1) Ownership
-
- The Software distributed and licensed to You hereunder, including, if
- and when provided, any updates furnished to You for free or for
- additional fees, is proprietary to ST or its licensors (ST and
- licensors hereafter referred to as "Licensor"). The Licensors retain
- title to and ownership of the Software, including the copy provided
- herein, and reserve all rights not expressly granted in this ELA.
-
-2) Granting of License
-
-2A) Except as set forth in Sections 3 and 4 below, under the terms and
- conditions of this ELA, You are hereby granted a limited, revocable,
- nontransferable, and nonexclusive license to use the Software subject
- to the restrictions and other terms within. That use must be
- (i) only by You,
- (ii) only on a computer system running a specific operating system
- on which the Software is designed to run and for which portions
- of the Software and subsequent components in the compilation
- process are intended to produce an executable image ("Target
- Systems") for which the corresponding fee has been paid,
- (iii) only on the network(s) and only by the number of users for
- which the corresponding fee has been paid, and
- (iv) only to target no more than the maximum number of CPUs, or
- the maximum number of processes, for which the corresponding
- fee has been paid.
- Except as set forth in Section 2B below, any other use of the
- Software is strictly prohibited.
-
-2B) You may distribute an end-user application that You build with the
- Software that provides significant functionality distinct from that
- included with the Software ("End-User Application") to users within
- Your organization as well as third party users outside Your
- organization ("Sublicensees") for only such uses and/or Target
- Systems for which the Software was designed and intended. You agree
- that any sublicense shall not relieve You from Your obligations under
- this ELA. The Software includes the run-time files, libraries and
- executables ("Run-Time Files") that are bound into Your application
- by the linker or otherwise required by Your application. You may
- also distribute separate dynamically-linked or executable Run-Time
- Files required during the execution of Your End-User Application.
- Whenever an End-User Application is used internally within Your
- organization or by outside third parties, You shall contractually
- require that all Sublicensees abide by the following restrictions:
- (i) they shall not use the "PGI", "The Portland Group", "ST", or
- "STMicroelectronics" name, logo, or trademarks in marketing the
- End-User Application without prior written permission from ST,
- (ii) they will maintain a valid copyright on the End-User
- Application,
- (iii) they will, without limitation, indemnify, hold harmless, and
- defend ST and other applicable Licensors and their respective
- affiliates and suppliers from and against any and all claims,
- lawsuits, costs, and expenses, including attorney's fees, that
- arise or result from their use or distribution of the End-User
- Application, and
- (iv) they shall strictly prohibit the further distribution of the
- Run-Time Files by the user of the End-User Application.
- Notwithstanding the above, the only Run-Time Files that may be
- distributed as noted in this Section 2B are in the folders or
- directories whose names begin with "REDIST".
-
-3) Software from Microsoft
-
- You acknowledge that as part of the Software You may receive Run-Time
- Files in the form of Microsoft Foundation Classes ("MFCs"), Active
- Template Libraries ("ATLs"), and/or "C" Runtime files ("CRTs") in
- binary form only ("Microsoft Distributable Code"). Notwithstanding
- any other provision of this ELA, You acknowledge and agree
- (A) that You have a limited right to use the Microsoft
- Distributable Code to design, develop, or test for use with the
- Software only,
- (B) that You or Your end-users of the Microsoft Distributable Code
- may only use it to create programs that run natively on
- Microsoft platforms, and
- (C) to the following restrictions: You and Your end-users:
- (i) will not alter any copyright, trademark, patent, or other
- legal notice or disclaimer in the Microsoft Distributable
- Code,
- (ii) will not run the Microsoft Distributable Code on a
- platform other than a Microsoft platform, and
- (iii) will not include Microsoft Distributable Code in
- malicious, deceptive, or unlawful programs.
- Further, You will require end users of the Microsoft Distributable
- Code to agree to terms at least as protective as this ELA.
-
-4) Software from Sun Microsystems and/or Oracle America, Inc.
-
- You acknowledge that as part of the Software you are receiving access
- to Java(tm) 2 Runtime Environment (J2RE), version 1.4.2 or subsequent
- versions ("Java Code"). Notwithstanding any other provision of this
- ELA, You are hereby granted a limited, revocable, nontransferable,
- and nonexclusive license, without the right to sublicense, to use the
- Java Code complete and unmodified for the sole purpose of running
- Java applets and applications intended to run on the JavaTM 2
- Platform Standard Edition 5.0 (J2SE 5.0) or subsequent versions on
- Java-enabled general purpose desktop computers and servers.
-
-5) Restrictions
-
-5A) You may make one (1) copy of the Software in machine-readable form,
- solely for archival or backup purposes, provided the copyright notice
- and other proprietary legends on the Software are included on any
- archival/backup copies. You may not modify, adapt, translate,
- reverse engineer, de-compile, disassemble, or create derivative
- works, in whole or in part, based on the Software. You may not rent,
- lease, loan, share, or electronically transfer the Software to
- others.
-
-5B) The term "proprietary" as used in this ELA or in the Software does
- not establish a confidential relationship between the Licensor and
- You and does not in itself provide You any rights to the Software.
- You acknowledge that the Licensors have valuable intellectual
- property rights in the Software and agree to respect and protect such
- intellectual property rights. No right, title, or interest in or to
- any trademark, service mark, logo or trade name of the Licensors is
- granted under this ELA.
-
-5C) You acknowledge and agree that the Software is not designed or
- intended for use in nuclear activities or life support systems. The
- Licensors disclaim any express or implied warranty of fitness for
- such uses.
-
-5D) You will not modify or distribute any of the Software so that any
- part of it becomes subject to an Excluded License. As used in this
- ELA, an "Excluded License" is one that requires, as a condition of
- use, modification, or distribution, that
- (i) the Software be disclosed or distributed in source code form; or
- (ii) others have a right to modify it, or
- (iii) the Software loses its proprietary nature.
- Therefore, without the prior written permission of the applicable
- Licensors, You may not modify the Software directly in any way. In
- particular, You may not introduce or commingle with the Software any
- source or object code that is governed by an open source or public
- license of any kind.
-
-6) Limited Warranty
-
- THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO
- THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSORS FURTHER
- DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
- NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR
- PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO
- THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
- THE LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
- SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
- LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
- INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER
- PECUNIARY LOSS) ARISING OUT OF THIS ELA OR THE USE OF OR INABILITY TO
- USE THE SOFTWARE, EVEN IF THE LICENSORS HAVE BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TO THE
- EXTENT THAT ST MAY BE HELD LEGALLY LIABLE TO YOU BY A COURT OF
- COMPETENT JURISDICTION UNDER CONTRACT, TORT, OR ANY OTHER LEGAL
- THEORY, THE MAXIMUM LIABILITY OF THE LICENSORS SHALL NOT EXCEED THE
- APPLICABLE PURCHASE PRICE OF THE SOFTWARE OR ONE THOUSAND DOLLARS
- ($1,000), WHICHEVER IS GREATER.
-
-7) Indemnity and Audit
-
-7A) You agree to indemnify, defend, and hold the Licensors harmless from
- and against any and all claims, liabilities, damages, penalties,
- settlements, and costs and expenses (including, without limitation,
- reasonable attorneys' fees and court or arbitration costs), asserted
- by any and all third parties (collectively "Claims") against the
- Licensors, and their respective employees, directors, officers, and
- agents alleging or resulting from:
- (i) Your breach of any term or condition of this ELA;
- (ii) alleged or actual infringement of the intellectual property or
- other proprietary rights of a third party by You or Your
- sublicensees; unauthorized alteration of the Software or
- derivative products by You or Your sublicensees;
- (iii) combination of the Software or derivative products with other
- software, products or materials not in accordance with the
- terms of this ELA; or
- (iv) any acts or omissions by You, Your employees, directors,
- officers, and agents or sublicensees either under this ELA or
- outside its scope, including personal injury, death, or
- property damage to anyone or anything.
-
-7B) ST reserves the right, upon reasonable prior written notice to You
- and during Your normal business hours, to audit Your use of the
- Software and any derivative products made therefrom to confirm Your
- compliance with the terms of this ELA.
-
-8) Software Export
-
- All Software and technical data delivered under this ELA are subject
- to US export control laws and may be subject to export or import
- regulations in other countries. You agree to comply strictly with
- all such laws and regulations and acknowledge that You have the
- responsibility to obtain such licenses to export, re-export, or
- import as may be required after delivery to You.
-
-9) Software Manuals
-
- All proprietary documentation provided with the Software is copyrighted
- and may not be copied, photographed, reproduced, translated or reduced
- to any electronic medium or machine-readable form in whole or in part
- without the express, written, prior approval of ST.
-
-10) Government Use
-
- The Software is a "commercial item," as that term is defined at 48
- C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software"
- and "commercial computer software documentation," as such terms are
- used in 48 C.F.R. 12.212 (SEPT 1995) and is provided to the U.S.
- Government only as a commercial end item. Consistent with 48 C.F.R.
- 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all
- U.S. Government licensees and end users acquire the Software with
- only those rights set forth herein.
-
-11) Termination
-
- The license granted to You in this ELA is effective until terminated.
- The license may be terminated by ST at any time without prior notice.
- You may terminate the license at any time by returning and/or
- destroying the Software together with all copies. Upon termination
- of the license for any reason, you agree to destroy all copies of the
- Software.
-
-12) Surviving Terms
-
- In the event this ELA is terminated for any reason, the following
- provisions shall survive termination and shall remain in full force
- and effect: 1, 5, 6, 7, 8, 9, 10, 12, and 13.
-
-13) Controlling Law and Complete Agreement
-
- This Agreement shall be construed and interpreted under the laws of
- the state of New York, not including its conflict of laws principles.
- If any provision of this ELA, or portion thereof, is found to be
- unenforceable, that provision shall be enforced to the maximum extent
- possible and the remainder of this ELA shall continue in full force
- and effect.
-
-YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ELA AND AGREE TO BE BOUND BY ITS
-TERMS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT
-OF AGREEMENT BETWEEN YOU AND ST AND THAT IT SUPERSEDES ANY PRIOR AGREEMENT,
-ORAL OR WRITTEN, ANY PROPOSAL, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND
-ST RELATING TO THE SUBJECT MATTER OF THIS ELA.
-
diff --git a/licenses/ligplot+ b/licenses/ligplot+ deleted file mode 100644 index 7457f6622..000000000 --- a/licenses/ligplot+ +++ /dev/null @@ -1,138 +0,0 @@ -LIGPLOT - Automated representation of protein-ligand interactions - ---------------------------------------------------------------- - - CONFIDENTIALITY AGREEMENT - ------------------------- - - - -In regard to the LIGPLOT , specified in the Appendix herewith -(the Software) supplied to us, the copyright and other -intellectual property rights to which belong to the authors, we - - - __________________________________________________________________ - -undertake to the authors that we shall be bound by the following terms -and conditions:- - -1. We will receive the Software and any related documentation in -confidence and will not use the same except for the purpose of the -department's own research. The Software will be used only by such of -our officers or employees to whom it must reasonably be communicated -to enable us to undertake our research and who agree to be bound by -the same confidence. The department shall procure and enforce such -agreement from its staff for the benefit of the authors. - -2. The publication of research using the Software must reference -"Wallace A C, Laskowski R A, Thornton J M (1995). LIGPLOT: A program -to generate schematic diagrams of protein-ligand interactions. Protein -Engineering, 8, 127-134." - -3. Research shall take place solely at the department's premises at - - - __________________________________________________________________ - -4. All forms of the Software will be kept in a reasonably secure place - to prevent unauthorised access. - -5. Each copy of the Software or, if not practicable then, any package -associated therewith shall be suitably marked (and such marking -maintained) with the following copyright notice: " Copyright 1994 -A C Wallace, R A Laskowski, & J M Thornton All Rights Reserved". - -6. The Software may be modified but any changes made shall be made -available to the authors. - -7. The Software shall be used exclusively for academic teaching and -research. The Software will not be used for any commercial research or -research associated with an industrial company. - -8. The confidentiality obligation in paragraph one shall not apply: - - (i) to information and data known to the department at the time of - receipt hereunder (as evidenced by its written records); - - (ii) to information and data which was at the time of receipt in the - public domain or thereafter becomes so through no wrongful act of - the department; - - (iii) to information and data which the department receives from a third - party not in breach of any obligation of confidentiality owed to - the authors. - -Please sign this Undertaking and return a copy of it to indicate that you -have read, understood and accepted the above terms. - - - - For and on behalf of _____________________________ - - _________________________________________________ - - .................................................. - - Dated ............................................ - - - -e-mail address ___________________________ - - - -Please complete the above form, sign it, and then send it, or fax it, to:- - - -Roman Laskowski -European Bioinformatics Institute, -Wellcome Trust Genome Campus, -Hinxton, -Cambridge, CB10 1SD, -United Kingdom - -Fax:- +44 (0)1223 494 468 - -roman@ebi.ac.uk - - -If you have any problems either installing the software or running it, -please e-mail your problems to:- - - roman@ebi.ac.uk - - -APPENDIX - Files supplied as part of the LIGPLOT program --------------------------------------------------------- - -Source program files:- -1. ligplot.c -2. ligplot.h -3. hbadd.c -4. hbadd.h -5. dimer.c -6. dimer.h - -Script files:- -1. ligplot.scr -2. ligonly.scr -3. dimplot.scr -4. dimonly.scr - -Parameter file:- -1. ligplot.prm - -Installation instructions:- -1. install.doc - -Documentation:- -1. manual.tar.Z -2. README - -Confidentiality Agreement:- -1. confid.txt - - - - v.4.4.2 - 7 Mar 2003 - diff --git a/licenses/polyphen b/licenses/polyphen deleted file mode 100644 index 250b86ed7..000000000 --- a/licenses/polyphen +++ /dev/null @@ -1,7 +0,0 @@ -The software provided herein is free for academic instruction and research -use only. Commercial licenses are available to legal entities, including -companies and organizations (both for-profit and non-profit), requiring the -software for general commercial use. To obtain a commercial license please, -contact us via e-mail. - -e-mail: iadzhubey@rics.bwh.harvard.edu
\ No newline at end of file diff --git a/licenses/signalp b/licenses/signalp deleted file mode 100644 index 7e5b15f19..000000000 --- a/licenses/signalp +++ /dev/null @@ -1,218 +0,0 @@ - ACADEMIC SOFTWARE LICENSE AGREEMENT FOR END-USERS AT PUBLICLY FUNDED - ACADEMIC, EDUCATION OR RESEARCH INSTITUTIONS FOR THE USE OF SignalP 3.0 - - By downloading the Software you are consenting to be bound by and become - a party to this agreement as the "Licensee". If you do not agree to all - of the terms of this agreement, you must not click the Acceptance - button, not install the product nor use the product, and you do not - become a LICENSEE under this agreement. - - If you are not a member of a publicly funded Academic and/or Education - and/or Research Institution you must obtain a commercial license, please - send mail to (software@cbs.dtu.dk). This software license agreement is - entered into by and between Center for Biological Sequence Analysis, - Technical University of Denmark (hereinafter "CBS") and the "LICENSEE". - - WHEREAS CBS has the right to license all copyrights and other property - rights in the Licensed Software identified as SignalP 3.0 and developed - by CBS and CBS desires to license the Software so that it becomes - available for public use and benefit. - - WHEREAS LICENSEE is a public funded Academic and/or Education and/or - Research Institution. - - WHEREAS LICENSEE desires to acquire a free non-exclusive license to use - the Software for internal research purposes only. - - NOW, THEREFORE, in consideration of the mutual promises and covenants - contained herein, the parties agree as follows: - - 1. Definitions - - "Licensed Software" means the specific version SignalP 3.0 pursuant - to this Agreement. Any opinion, findings, conclusions or recommendations - expressed in the Licensed Software are those of the authors and do not - necessarily reflect the views of CBS. - - 2. License - - Subject to the terms and conditions of this Agreement a non-exclusive, - non-transferable License to use and copy the Licensed Software is made - available free of charge for the LICENSEE which is a non-profit - educational, academic and/or research institution. The License is only - granted for personal and internal use in research only at one Site, - where a Site is defined as a set of contiguous buildings in one - location. The software will be used at only one location of LICENSEE. - - This license does not entitle Licensee to receive from CBS copies of the - Licensed software on disks, tapes or CD's, hard-copy documentation, - technical support, telephone assistance, or enhancements or updates to - the Licensed Software. - - The user and any research assistants, co-workers or other workers who - may use the Software agree to not give the program to third parties or - grant licenses on software, which include the Software, alone or - integrated into other software, to third parties. Modification of the - source code is prohibited without the prior written consent of CBS. - - 3. Ownership - - Except as expressly licensed in this Agreement, CBS shall retain title - to the Licensed Software, and any upgrades and modifications created by - CBS. - - 4. Consideration - - In consideration for the license rights granted by CBS, LICENSEE will - obtain this academic license free of charge. - - 5. Copies - - LICENSEE shall have the right to make copies of the Licensed Software - for internal use at the Site and for back-up purposes under this - Agreement, but agrees that all such copies shall contain the copyright - notices and all other reasonable and appropriate proprietary markings or - confidential legends that appear on the Licensed Software provided - hereunder. - - 6. Support - - CBS shall have no obligation to offer support services to LICENSEE, and - nothing contained herein shall be interpreted as to require CBS to - provide maintenance, installation services, version updates, debugging, - consultation or end-user support of any kind. - - 7. Software Protection - - LICENSEE acknowledges that the Licensed Software is proprietary to CBS. - The software code shall be treated as trade secrets and confidential - information of CBS, and LICENSEE agrees to use best efforts to hold the - same in confidence. LICENSEE's obligation for confidentiality shall not - extend to any information which is or becomes generally available to the - public, is already known to or subsequently disclosed by third parties - to LICENSEE and at its free disposal, or is independently developed by - LICENSEE or its affiliates without the use of the confidential - information disclosed by CBS, or is required by law or legal process. - - Except as other wise expressly permitted in this Agreement, Licensee my - not (i) modify or create any derivative works of the Licensed Software - or documentation, including customization, translation or localization; - (ii) decompile, disassemble, reverse engineer, or otherwise attempt to - derive the source code for the Product; (iii) redistribute, encumber, - sell, rent, lease, sublicense, or otherwise transfer rights to the - Licensed Software; (iv) remove or alter any trademark, logo, copyright - or other proprietary notices, legends, symbols or labels in the Product; - or (v) publish any results of benchmark tests run on the Product to a - third party without CBS's prior written consent. - - 8. Representations of CBS to LICENSEE - - CBS represents to LICENSEE that (i) CBS has the right to grant the - License and to enter into this agreement, (ii) that, to the best of - CBS's knowledge, the Licensed software does not infringe any patent, - copyright or trade secrets of any third party, provided however that - such representation and warranty shall not apply to any addition to, or - modifications or adaptation of, the Licensed Software made by LICENSEE - and (iii) CBS undertakes to use best efforts to cooperate with and - assist LICENSEE, at LICENSEE's expense, in defending itself against any - action based on the alleged infringement of any third party patent, - copyright or trade secret rights resulting from or relating to the use - or licensing of the Licensed Software by LICENSEE. - - 9. Indemnity and Disclaimer of Warranties - - Except as expressly set forth in this agreement, CBS makes no - representations or warranties, express or implied. - - The product is provided free of charge, and, therefore, on an "as is" - basis, without warranty of any kind, express or implied, including - without limitation the warranties that it is free of defects, virus - free, able to operate on an uninterrupted basis, merchantable, fit for a - particular purpose or non-interfering. The entire risk as to the quality - and performance of the Licensed Software is borne by LICENSEE. - - By way of example, but not limitation, CBS makes no representations or - warranties of merchantability or fitness for any particular application - or, except as set forth in paragraph 8, that the use of the Software - will not infringe any patents, copyrights or trademarks or other rights - of third parties. The entire risk as to the quality and performance of - the product is borne by LICENSEE. CBS shall not be liable for any - liability or damages with respect to any claim by LICENSEE or any third - party on account of, or arising from the license or use of the Software. - - Should the Licensed Software prove defective in any respect, LICENSEE - and not LICENSOR or it's affiliates should assume the entire cost of any - service and repair. This disclaimer of warranty constitutes an essential - part of this agreement. No use of the licensed product is authorized - hereunder except under this disclaimer. - - In no event will LICENSOR or its affiliates be liable for any indirect, - special, incidental or consequential damages arising out of the use of - or inability to use the product, including, without limitation, damages - for lost profits, loss of goodwill, work stoppage, computer failure or - malfunction, or any and all other commercial damages or losses, even if - advised of the possibility thereof, and regardless of the legal or - equitable theory (contract, tort or otherwise) upon which the claim is - based. - - 10. Promotional Advertising & References - - LICENSEE may not use the name of the Licensed Software in its - promotional advertising, product literature, and other similar - promotional materials to be disseminated to the public or any portion - thereof. LICENSEE agrees not to identify CBS in any promotional - advertising or other promotional materials to be disseminated to the - public, or any portion thereof without CBS's prior written consent. - LICENSEE agrees that any reference to the software for crystallographic - computations will cite one or more publications as set forth in the - manual and in agreement with common scientific practice. CBS shall not - use LICENSEE's name in publicity or advertising involving this Agreement - or otherwise without LICENSEE's prior written consent which may be - withheld at LICENSEE's sole discretion. - - 11. Term - - This Agreement and the license rights granted herein shall become - effective as of the date this Agreement is executed by both parties and - shall be perpetual unless terminated in accordance with this Section. - - CBS may terminate this Agreement at any time. - - Either party may terminate this Agreement at any time effective upon the - other party's breach of any agreement, covenant, or representation made - in this Agreement, such breach remaining uncorrected sixty (60) days - after written notice thereof. - - LICENSEE shall have the right, at any time, to terminate this Agreement - without cause by written notice to CBS specifying the date of - termination. - - Upon termination, LICENSEE shall destroy all full and partial copies of - the Licensed Software. - - 12. Governing Law - - This Agreement shall be construed in accordance with the laws of - Denmark. - - 13. General - - The parties agree that this Agreement is the complete and exclusive - agreement among the parties and supersedes all proposals and prior - agreements whether written or oral, and all other communications among - the parties relating to the subject matter of this Agreement. This - Agreement cannot be modified except in writing and signed by both - parties. Failure by either party at any time to enforce any of the - provisions of this Agreement shall not constitute a waiver by such party - of such provision nor in any way affect the validity of this Agreement. - - The invalidity of singular provisions does not affect the validity of - the entire understanding. The parties are obligated, however, to replace - the invalid provisions by a regulation which comes closest to the - economic intent of the invalid provision. The same shall apply mutatis - mutandis in case of a gap. - - IN WITNESS WHEREOF, the LICENSEE hereto have caused this Agreement to be - duly executed on the date of the download of the software and by - accepting the license conditions by pressing the Acceptance button. - diff --git a/licenses/tmhmm b/licenses/tmhmm deleted file mode 100644 index 529d135d5..000000000 --- a/licenses/tmhmm +++ /dev/null @@ -1,217 +0,0 @@ - ACADEMIC SOFTWARE LICENSE AGREEMENT FOR END-USERS AT PUBLICLY FUNDED - ACADEMIC, EDUCATION OR RESEARCH INSTITUTIONS FOR THE USE OF TMHMM 2.0c - - By downloading the Software you are consenting to be bound by and become - a party to this agreement as the "Licensee". If you do not agree to all - of the terms of this agreement, you must not click the Acceptance - button, not install the product nor use the product, and you do not - become a LICENSEE under this agreement. - - If you are not a member of a publicly funded Academic and/or Education - and/or Research Institution you must obtain a commercial license, please - send mail to (software@cbs.dtu.dk). This software license agreement is - entered into by and between Center for Biological Sequence Analysis, - Technical University of Denmark (hereinafter "CBS") and the "LICENSEE". - - WHEREAS CBS has the right to license all copyrights and other property - rights in the Licensed Software identified as TMHMM 2.0c and developed - by CBS and CBS desires to license the Software so that it becomes - available for public use and benefit. - - WHEREAS LICENSEE is a public funded Academic and/or Education and/or - Research Institution. - - WHEREAS LICENSEE desires to acquire a free non-exclusive license to use - the Software for internal research purposes only. - - NOW, THEREFORE, in consideration of the mutual promises and covenants - contained herein, the parties agree as follows: - - 1. Definitions - - "Licensed Software" means the specific version TMHMM 2.0c pursuant - to this Agreement. Any opinion, findings, conclusions or recommendations - expressed in the Licensed Software are those of the authors and do not - necessarily reflect the views of CBS. - - 2. License - - Subject to the terms and conditions of this Agreement a non-exclusive, - non-transferable License to use and copy the Licensed Software is made - available free of charge for the LICENSEE which is a non-profit - educational, academic and/or research institution. The License is only - granted for personal and internal use in research only at one Site, - where a Site is defined as a set of contiguous buildings in one - location. The software will be used at only one location of LICENSEE. - - This license does not entitle Licensee to receive from CBS copies of the - Licensed software on disks, tapes or CD's, hard-copy documentation, - technical support, telephone assistance, or enhancements or updates to - the Licensed Software. - - The user and any research assistants, co-workers or other workers who - may use the Software agree to not give the program to third parties or - grant licenses on software, which include the Software, alone or - integrated into other software, to third parties. Modification of the - source code is prohibited without the prior written consent of CBS. - - 3. Ownership - - Except as expressly licensed in this Agreement, CBS shall retain title - to the Licensed Software, and any upgrades and modifications created by - CBS. - - 4. Consideration - - In consideration for the license rights granted by CBS, LICENSEE will - obtain this academic license free of charge. - - 5. Copies - - LICENSEE shall have the right to make copies of the Licensed Software - for internal use at the Site and for back-up purposes under this - Agreement, but agrees that all such copies shall contain the copyright - notices and all other reasonable and appropriate proprietary markings or - confidential legends that appear on the Licensed Software provided - hereunder. - - 6. Support - - CBS shall have no obligation to offer support services to LICENSEE, and - nothing contained herein shall be interpreted as to require CBS to - provide maintenance, installation services, version updates, debugging, - consultation or end-user support of any kind. - - 7. Software Protection - - LICENSEE acknowledges that the Licensed Software is proprietary to CBS. - The software code shall be treated as trade secrets and confidential - information of CBS, and LICENSEE agrees to use best efforts to hold the - same in confidence. LICENSEE's obligation for confidentiality shall not - extend to any information which is or becomes generally available to the - public, is already known to or subsequently disclosed by third parties - to LICENSEE and at its free disposal, or is independently developed by - LICENSEE or its affiliates without the use of the confidential - information disclosed by CBS, or is required by law or legal process. - - Except as other wise expressly permitted in this Agreement, Licensee my - not (i) modify or create any derivative works of the Licensed Software - or documentation, including customization, translation or localization; - (ii) decompile, disassemble, reverse engineer, or otherwise attempt to - derive the source code for the Product; (iii) redistribute, encumber, - sell, rent, lease, sublicense, or otherwise transfer rights to the - Licensed Software; (iv) remove or alter any trademark, logo, copyright - or other proprietary notices, legends, symbols or labels in the Product; - or (v) publish any results of benchmark tests run on the Product to a - third party without CBS's prior written consent. - - 8. Representations of CBS to LICENSEE - - CBS represents to LICENSEE that (i) CBS has the right to grant the - License and to enter into this agreement, (ii) that, to the best of - CBS's knowledge, the Licensed software does not infringe any patent, - copyright or trade secrets of any third party, provided however that - such representation and warranty shall not apply to any addition to, or - modifications or adaptation of, the Licensed Software made by LICENSEE - and (iii) CBS undertakes to use best efforts to cooperate with and - assist LICENSEE, at LICENSEE's expense, in defending itself against any - action based on the alleged infringement of any third party patent, - copyright or trade secret rights resulting from or relating to the use - or licensing of the Licensed Software by LICENSEE. - - 9. Indemnity and Disclaimer of Warranties - - Except as expressly set forth in this agreement, CBS makes no - representations or warranties, express or implied. - - The product is provided free of charge, and, therefore, on an "as is" - basis, without warranty of any kind, express or implied, including - without limitation the warranties that it is free of defects, virus - free, able to operate on an uninterrupted basis, merchantable, fit for a - particular purpose or non-interfering. The entire risk as to the quality - and performance of the Licensed Software is borne by LICENSEE. - - By way of example, but not limitation, CBS makes no representations or - warranties of merchantability or fitness for any particular application - or, except as set forth in paragraph 8, that the use of the Software - will not infringe any patents, copyrights or trademarks or other rights - of third parties. The entire risk as to the quality and performance of - the product is borne by LICENSEE. CBS shall not be liable for any - liability or damages with respect to any claim by LICENSEE or any third - party on account of, or arising from the license or use of the Software. - - Should the Licensed Software prove defective in any respect, LICENSEE - and not LICENSOR or it's affiliates should assume the entire cost of any - service and repair. This disclaimer of warranty constitutes an essential - part of this agreement. No use of the licensed product is authorized - hereunder except under this disclaimer. - - In no event will LICENSOR or its affiliates be liable for any indirect, - special, incidental or consequential damages arising out of the use of - or inability to use the product, including, without limitation, damages - for lost profits, loss of goodwill, work stoppage, computer failure or - malfunction, or any and all other commercial damages or losses, even if - advised of the possibility thereof, and regardless of the legal or - equitable theory (contract, tort or otherwise) upon which the claim is - based. - - 10. Promotional Advertising & References - - LICENSEE may not use the name of the Licensed Software in its - promotional advertising, product literature, and other similar - promotional materials to be disseminated to the public or any portion - thereof. LICENSEE agrees not to identify CBS in any promotional - advertising or other promotional materials to be disseminated to the - public, or any portion thereof without CBS's prior written consent. - LICENSEE agrees that any reference to the software for crystallographic - computations will cite one or more publications as set forth in the - manual and in agreement with common scientific practice. CBS shall not - use LICENSEE's name in publicity or advertising involving this Agreement - or otherwise without LICENSEE's prior written consent which may be - withheld at LICENSEE's sole discretion. - - 11. Term - - This Agreement and the license rights granted herein shall become - effective as of the date this Agreement is executed by both parties and - shall be perpetual unless terminated in accordance with this Section. - - CBS may terminate this Agreement at any time. - - Either party may terminate this Agreement at any time effective upon the - other party's breach of any agreement, covenant, or representation made - in this Agreement, such breach remaining uncorrected sixty (60) days - after written notice thereof. - - LICENSEE shall have the right, at any time, to terminate this Agreement - without cause by written notice to CBS specifying the date of - termination. - - Upon termination, LICENSEE shall destroy all full and partial copies of - the Licensed Software. - - 12. Governing Law - - This Agreement shall be construed in accordance with the laws of - Denmark. - - 13. General - - The parties agree that this Agreement is the complete and exclusive - agreement among the parties and supersedes all proposals and prior - agreements whether written or oral, and all other communications among - the parties relating to the subject matter of this Agreement. This - Agreement cannot be modified except in writing and signed by both - parties. Failure by either party at any time to enforce any of the - provisions of this Agreement shall not constitute a waiver by such party - of such provision nor in any way affect the validity of this Agreement. - - The invalidity of singular provisions does not affect the validity of - the entire understanding. The parties are obligated, however, to replace - the invalid provisions by a regulation which comes closest to the - economic intent of the invalid provision. The same shall apply mutatis - mutandis in case of a gap. - - IN WITNESS WHEREOF, the LICENSEE hereto have caused this Agreement to be - duly executed on the date of the download of the software and by - accepting the license conditions by pressing the Acceptance button. |