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commit: 08287a03ed55f9c9ca35f44f336c203d85250810 |
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Author: Marius Brehler <marbre <AT> linux <DOT> sungazer <DOT> de> |
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AuthorDate: Mon Nov 2 08:30:50 2015 +0000 |
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Commit: Marius Brehler <marbre <AT> linux <DOT> sungazer <DOT> de> |
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CommitDate: Mon Nov 2 08:30:50 2015 +0000 |
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URL: https://gitweb.gentoo.org/proj/sci.git/commit/?id=08287a03 |
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|
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licenses: Add ccp4 license to overlay |
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|
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licenses/ccp4 | 371 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ |
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1 file changed, 371 insertions(+) |
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|
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diff --git a/licenses/ccp4 b/licenses/ccp4 |
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new file mode 100644 |
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index 0000000..09c73a6 |
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--- /dev/null |
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+++ b/licenses/ccp4 |
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@@ -0,0 +1,371 @@ |
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+CCP4 PROGRAM SUITE |
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+LICENCE AGREEMENT |
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+(Academic Use) |
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+THIS LICENCE AGREEMENT is made BETWEEN: |
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+1. THE COUNCIL FOR THE CENTRAL LABORATORY OF THE RESEARCH |
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+COUNCILS, an executive Non-Departmental Public Body established as a Research |
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+Council by Royal Charter under the Science and Technology Act 1965 (“CCLRC”); |
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+and |
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+2. [INSERT NAME OF ACADEMIC/RESEARCH INSTITUTION] whose administrative |
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+offices are at [insert address] ("the Licensee"). |
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+BACKGROUND |
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+CCLRC has assembled the CCP4 suite of software applications and libraries with |
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+support |
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+from the Biotechnology and Biological Sciences Research Council, as part of the |
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+Collaborative Computational Project Number 4. |
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+The CCP4 Software Suite comprises: |
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+a) applications and libraries distributed in source code, that the Licensee may |
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+use |
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+free of charge for Academic Purposes, subject to the terms of clauses 2.1-2.4 of |
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+this Agreement; |
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+b) applications and libraries distributed in source code, that the Licensee may |
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+use, |
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+free of charge, subject to the terms of the LGPL or the GPL; and |
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+c) third party software that is included in the CCP4 suite of programs and that |
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+is |
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+licensed by a third party on that third party's terms and conditions. |
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+1. DEFINITIONS AND INTERPRETATION |
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+1.1 In this Agreement the following expressions have the meaning set opposite: |
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+Academic Purposes: fundamental or basic research or academic teaching, |
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+including any fundamental research that is funded by any |
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+public or charitable body, but not any purpose that |
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+generates revenue (as opposed to grant income) for the |
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+Licensee or any third party. Any research that is wholly or |
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+partially sponsored by any profit making organisation or |
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+that is carried out for the benefit of any profit-making |
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+organisation is not an Academic Purpose; |
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+an Application: a software program designed to provide a specific function |
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+for the user; |
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+the CCP4 Software: the Libraries and Applications distributed by CCLRC from |
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+time to time as part of the CCP4 Software Suite, except |
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+the GNU Software and the Third Party Software; |
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+the CCP4 Website: the website with the URL www.ccp4.ac.uk; |
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+the Current Release: Version 5.0 of the Software, and all later versions that |
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+CCLRC decides may be used under this Agreement; |
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+a Derived Work: any modification of, or enhancement or improvement to, |
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+any of the Software and any software or other work |
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+developed or derived from, or based on, any of the |
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+Software, or that incorporates any of the Software; |
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+the LGPL: the GNU Lesser General Public Licence, a copy of which |
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+appears in Appendix A to this Agreement; |
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+the GPL: the GNU General Public Licence, a copy of which appears |
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+in Appendix B to this Agreement; |
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+the GNU Software: the open source Libraries and Applications that are listed |
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+on the CCP4 Website from time to time as being subject |
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+to, respectively, the terms of the LGPL or the GPL; |
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+a Harmful Element: any virus, worm, time bomb, time lock, drop dead device, |
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+trap and access code or anything else that might disrupt, |
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+disable, harm or impede the operation of any information |
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+system, or that might corrupt, damage, destroy or render |
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+inaccessible any software, data or file on, or that may |
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+allow any unauthorised person to gain access to, any |
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+information system or any software, data or file on it; |
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+Intellectual Property: patents, trade marks, service marks, registered designs, |
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+copyrights, database rights, design rights, know-how, |
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+confidential information, applications for any of the above, |
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+and any similar right recognised from time to time in any |
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+jurisdiction, together with all rights of action in relation to |
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+the infringement of any of the above; |
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+a Library: a collection of reusable programming routines, software |
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+functions or data that may be linked to, or used with, an |
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+Application; |
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+the Licence Period: the period beginning when the Licensee posts or faxes the |
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+completed and signed copy of this Agreement to CCLRC |
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+2 |
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+in accordance with clause 5.1, and ending on the |
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+termination of this Agreement under clause 5.2; |
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+the Software: the suite of programs known as CCP4, comprising the |
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+GNU Software, the CCP4 Software and the Third Party |
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+Software; and |
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+the Third Party Software Procheck, FFTw, libjpeg, CBF, Astexviewer, Rasmol and |
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+Phaser. |
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+2. LICENCE |
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+The CCP4 Software |
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+2.1 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free |
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+licence to use, |
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+copy, modify, and enhance and distribute the CCP4 Libraries during the Licence |
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+Period |
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+on the terms and conditions of this Agreement provided that: |
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+2.1.1 the Licensee may distribute, or supply any CCP4 Library or any Derived |
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+Work |
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+based on that Library, and may allow any third party to use any CCP4 Library or |
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+any |
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+Derived Work based on that Library, solely on condition that the recipient of |
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+that |
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+CCP4 Library or that Derived Work will comply with clause 2.1.2 below as though |
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+it |
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+were named instead of the Licensee in that clause; and |
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+2.1.2 the Licensee will notify CCLRC of any Derived Work made by or for the |
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+Licensee, or |
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+by any of its employees or students, based on any CCP4 Library, and will provide |
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+CCLRC with a copy of that Derived Work (in source code) within one year after it |
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+was made. The Licensee grants CCLRC an irrevocable, indefinite licence to make |
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+that Derived Work available to any third party on such terms and conditions as |
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+CCLRC may from time to time decide. This clause does not apply to any |
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+executable program based on or combined with a Library, or to any Derived Work |
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+that the Licensee distributes under the LGPL or the GPL. |
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+2.2 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free |
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+licence to use |
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+and copy the CCP4 Applications during the Licence Period on the terms and |
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+conditions of |
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+this Agreement provided that: |
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+2.2.1 the Licensee may not distribute any CCP4 Application or any Derived Work |
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+based |
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+on any CCP4 Application to any third party, or share their use with any third |
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+party |
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+(whether free of charge or otherwise); and |
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+2.2.2 the Licensee may not copy any CCP4 Application except for the purposes of |
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+making |
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+a reasonable number of back-up copies, nor may the Licensee modify any CCP4 |
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+Application or create any Derived Work based on any CCP4 Application except for |
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+the purpose of error correction. The Licensee will provide CCLRC with a copy of |
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+any |
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+3 |
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+correction made by the Licensee (in source code) within one year after it was |
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+made. |
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+The licensee grants CCLRC an irrevocable, indefinite licence to make that |
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+correction available to any third party on such terms and conditions as CCLRC |
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+may |
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+from time to time decide. |
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+2.3 The CCP4 Software and any Derived Work based on any part of the CCP4 |
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+Software may |
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+be used by the Licensee and its employees and registered students for Academic |
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+Purposes only. |
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+2.4 The licences granted in this clause 2 relate only to the Current Release. |
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+The Licensee |
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+must acquire a new licence for any future version of the Software that CCLRC |
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+decides |
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+requires a new or further licence. |
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+The GNU Software |
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+2.5 The GNU Software is supplied to the Licensee on the terms and conditions of |
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+the LGPL |
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+or the GPL as indicated on the CCP4 Website from time to time. By entering into |
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+this |
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+Agreement the Licensee agrees to comply with the terms of the LGPL or the GPL |
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+as so |
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+indicated. |
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+The Third Party Software |
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+2.6 The Third Party Software is supplied to the Licensee on the terms and |
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+conditions imposed |
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+by the third party owner or licensor. By entering into this Agreement the |
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+Licensee agrees |
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+to comply with those terms and conditions. |
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+The Software |
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+2.7 The Licensee will not tamper with or remove any copyright or other |
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+proprietary notice or |
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+any disclaimer that appears on or in any part of the Software, and will |
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+reproduce the |
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+same in all copies of any of the Software and in all Derived Works. |
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+3. WARRANTIES AND LIABILITY |
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+3.1 The Software is provided for Academic Purposes free of charge. Therefore |
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+CCLRC and |
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+its licensors give no warranty and make no representation in relation to the |
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+Software or |
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+any assistance or advice that CCLRC may give in connection with the Software. |
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+The |
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+Licensee, its employees and students and anyone to whom the Licensee makes the |
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+Software or any Derived Work available, use them at their own risk. The Licensee |
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+will indemnify CCLRC against any claim made by any third party to whom the |
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+Licensee |
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+has made the Software or any Derived Work available. |
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+3.2 Before using any of the software, the Licensee will check that the Software |
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+does not |
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+contain any Harmful Element. Neither CCLRC nor its licensors warrants that the |
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+Software |
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+will run without interruption or be error free, or free from any Harmful |
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+Element. CCLRC is |
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+not obliged to provide any support or error correction service, assistance or |
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+advice in |
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+4 |
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+relation to the Software. If it does provide that sort of service, assistance |
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+or advice, |
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+subject to clause 3.7, CCLRC will not be liable for any loss or damage suffered |
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+by the |
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+Licensee as a result. |
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+3.3 Neither CCLRC nor any of its licensors will be liable to the Licensee to |
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+the extent that any |
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+loss or damage is caused by the Licensee's failure to implement, or the |
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+Licensee's delay |
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+in implementing, any upgrade, update, new release, revision, version or |
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+modification of, or |
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+advice in relation to, the Software that would have remedied or mitigated the |
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+effects of |
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+any error, defect, bug or deficiency. |
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+3.4 The Licensee acknowledges that proper use of the Software and any Derived |
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+Work is |
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+dependent on the Licensee, its employees and students exercising proper skill |
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+and care |
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+in inputting data and interpreting the output provided by the Software or that |
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+Derived |
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+Work. CCLRC and its licensors will not be liable for the consequences of |
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+decisions taken |
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+by the Licensee or any other person on the basis of that output. CCLRC does not |
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+accept |
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+any responsibility for any use which may be made by the Licensee of that |
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+output, nor for |
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+any reliance which may be placed on that output, nor for advice or information |
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+given in |
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+connection with that output. |
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+3.5 Subject to clause 3.7, CCLRC's liability for any breach of this Agreement, |
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+any negligence |
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+or arising in any other way out of the subject matter of this Agreement, will |
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+not extend to |
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+any incidental or consequential damages or losses, or any loss of profits, loss |
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+of revenue, |
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+loss of data, loss of contracts or opportunity, whether direct or indirect, |
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+even if the |
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+Licensee has advised CCLRC of the possibility of those losses arising or if |
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+they were or |
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+are within CCLRC's contemplation. CCLRC’s licensors will not be liable to the |
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+Licensee |
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+for any loss or damage, however caused (including by negligence) and whether |
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+direct or |
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+indirect. |
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+3.6 Subject to clause 3.7, the aggregate liability of CCLRC for any breach of |
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+this Agreement, |
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+any negligence or arising in any other way out of the subject matter of this |
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+Agreement will |
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+not exceed £50,000. |
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+3.7 Nothing in this Agreement (including without limitation the LGPL or the |
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+GPL, as |
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+applicable) limits or excludes CCLRC's liability for death or personal injury |
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+caused by its |
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+negligence or for any fraud, or for any sort of liability that, by law, cannot |
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+be limited or |
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+excluded. |
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+3.8 In addition to the terms and conditions of the LGPL or the GPL (as |
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+applicable), and the |
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+terms that apply to any Third Party Software, the terms of this clause 3 apply |
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+as |
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+between CCLRC and the Licensee, and the validity of any part of this clause 3 |
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+will not |
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+be affected by any part of the LGPL or the GPL or the terms that apply to any |
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+Third |
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+Party Software being held to be invalid by any court. |
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+5 |
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+3.9 The express undertakings and given by CCLRC in this Agreement and the terms |
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+of this |
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+Agreement are in lieu of all warranties, conditions, terms, undertakings and |
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+obligations |
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+on the part of CCLRC, whether express or implied by statute, common law, custom, |
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+trade usage, course of dealing or in any other way. All of these are excluded |
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+to the |
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+fullest extent permitted by law. |
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+4. INTELLECTUAL PROPERTY RIGHTS AND ACKNOWLEDGEMENTS |
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+4.1 Nothing in this Agreement assigns or transfers any Intellectual Property |
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+Rights in any of |
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+the Software. Those rights are reserved to CCLRC or its licensors. |
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+4.2 The Licensee will ensure that, if any of its employees or students publish |
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+any article or |
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+other material resulting from, or relating to, a project or work undertaken |
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+with the |
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+assistance of any part of the Software, that publication will contain a proper |
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+acknowledgement or citation as indicated from time to time on the CCP4 Website. |
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+5. TERMINATION |
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+5.1 This Agreement will take effect and the Licence Period will start when a |
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+completed copy |
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+of this Agreement, signed on behalf of the Licensee, has been posted to the |
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+Secretary to |
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+CCP4, at CCLRC, Daresbury Laboratory, Warrington WA 4 4AD, or faxed to :+44 1925 |
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+603825 (or to any other address or fax number given for this purpose on the CCP4 |
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+website at the time the Licensee downloads this form of Licence Agreement from |
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+that |
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+website). |
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+5.2 This Agreement will terminate immediately and automatically if: |
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+5.2.1 the Licensee is in breach of this Agreement; or |
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+5.2.2 the Licensee becomes insolvent, or if an order is made or a resolution is |
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+passed for |
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+its winding up (except voluntarily for the purpose of solvent amalgamation or |
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+reconstruction), or if an administrator, administrative receiver or receiver is |
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+appointed over the whole or any part of its assets, or if it makes any |
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+arrangement |
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+with its creditors. |
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+5.3 The Licensee's right to use the Software will cease immediately on the |
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+termination of this |
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+Agreement, and the Licensee will destroy all copies of the Software that it or |
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+any of its |
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+employees or students holds. |
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+5.4 Clauses 1, 2.1.2, 2.3, 2.4, 2.5, 2.6, 2.7, 3, 4, 5.3, 5.4, 5.5 and 6 will |
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+survive the expiry of |
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+the Licence Period and the termination of this Agreement, and will continue |
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+indefinitely. |
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+5.5 CCLRC may withdraw any of the Software from the CCP4 Suite at any time. If |
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+any third |
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+party owner of the Intellectual Property in any of the Software withdraws |
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+CCLRC’s right |
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+to distribute that software, the Licensee’s rights under this Agreement in |
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+relation to that |
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+6 |
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+software will immediately terminate, and the Licensee will cease using that |
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+part of the |
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+Software |
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+6. GENERAL |
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+6.1 Headings: The headings in this Agreement are for ease of reference only; |
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+they do not |
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+affect its construction or interpretation. |
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+6.2 Assignment etc: The Licensee may not assign or transfer this Agreement as a |
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+whole, or |
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+any of its rights or obligations under it, without first obtaining the written |
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+consent of |
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+CCLRC. |
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+6.3 Illegal/unenforceable provisions: If the whole or any part of any provision |
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+of this |
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+Agreement is void or unenforceable in any jurisdiction, the other provisions of |
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+this |
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+Agreement, and the rest of the void or unenforceable provision, will continue |
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+in force in |
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+that jurisdiction, and the validity and enforceability of that provision in any |
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+other |
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+jurisdiction will not be affected. |
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+6.4 Waiver of rights: If CCLRC fails to enforce, or delays in enforcing, an |
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+obligation of the |
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+Licensee, or fails to exercise, or delays in exercising, a right under this |
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+Agreement, that |
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+failure or delay will not affect its right to enforce that obligation or |
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+constitute a waiver of |
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+that right. Any waiver by CCLRC of any provision of this Agreement will not, |
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+unless |
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+expressly stated to the contrary, constitute a waiver of that provision on a |
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+future occasion. |
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+6.5 Entire agreement: This Agreement constitutes the entire agreement between |
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+the parties |
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+relating to its subject matter. The Licensee acknowledges that it has not |
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+entered into this |
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+Agreement on the basis of any warranty, representation, statement, agreement or |
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+undertaking except those expressly set out in this Agreement. The Licensee |
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+waives any |
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+claim for breach of, or any right to rescind this Agreement in respect of, any |
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+representation which is not an express provision of this Agreement. However, |
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+this clause |
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+does not exclude any liability which CCLRC may have to the Licensee (or any |
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+right which |
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+the Licensee may have to rescind this Agreement) in respect of any fraudulent |
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+misrepresentation or fraudulent concealment before the signing of this |
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+Agreement. |
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+6.6 Amendments: No variation of, or amendment to, this Agreement will be |
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+effective unless |
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+it is made in writing and signed by each party's representative. |
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+6.7 Third parties: No one except a party to this Agreement has any right to |
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+prevent the |
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+amendment of this Agreement or its termination, and no one except a party to |
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+this |
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+Agreement may enforce any benefit conferred by this Agreement, unless this |
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+Agreement |
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+expressly provides otherwise. |
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+6.8 Governing law: This Agreement is governed by, and is to be construed in |
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+accordance |
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+with, English law. The English Courts will have exclusive jurisdiction to deal |
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+with any |
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+7 |
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+dispute which has arisen or may arise out of or in connection with this |
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+Agreement, except |
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+that CCLRC may bring proceedings against the Licensee or for an injunction in |
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+any |
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+jurisdiction. [If the Licensee's usual place of business or registered office |
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+is not in |
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+England, the Licensee’s address for service in England is ____]. |
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+SIGNED for and on behalf of the Licensee: |
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+Name: |
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+Position: |
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+Signature: |
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+Date: |