Gentoo Archives: gentoo-commits

From: Reinis Danne <rei4dan@×××××.com>
To: gentoo-commits@l.g.o
Subject: [gentoo-commits] proj/sci:master commit in: licenses/
Date: Tue, 21 Jan 2014 19:39:30
Message-Id: 1390322838.f929f91f1354ac08abfbec166a5d4b87ba13ed62.rei4dan@gentoo
1 commit: f929f91f1354ac08abfbec166a5d4b87ba13ed62
2 Author: Sébastien Fabbro <bicatali <AT> gentoo <DOT> org>
3 AuthorDate: Tue Jan 21 16:47:18 2014 +0000
4 Commit: Reinis Danne <rei4dan <AT> gmail <DOT> com>
5 CommitDate: Tue Jan 21 16:47:18 2014 +0000
6 URL: http://git.overlays.gentoo.org/gitweb/?p=proj/sci.git;a=commit;h=f929f91f
7
8 removed HSL license, now in tree
9
10 ---
11 licenses/HSL | 222 -----------------------------------------------------------
12 1 file changed, 222 deletions(-)
13
14 diff --git a/licenses/HSL b/licenses/HSL
15 deleted file mode 100644
16 index 0c2d133..0000000
17 --- a/licenses/HSL
18 +++ /dev/null
19 @@ -1,222 +0,0 @@
20 -HSL ACADEMIC LICENCE VERSION 1.2 MAY 2011
21 -
22 -
23 -1 DEFINITIONS AND INTERPRETATION
24 -
25 -In this Agreement the following expressions have the following meanings:
26 -
27 - "Harmful means any virus, worm, time bomb, time lock, drop dead
28 - Element" device, trap and access code or anything else that
29 - might disrupt, disable, harm or impede the operation of
30 - any information system, or that might corrupt, damage,
31 - destroy or render inaccessible any software, data or
32 - file, or that may allow any unauthorised person to gain
33 - access to, any information system or any software, data
34 - or file on it;
35 -
36 - "Intellectual means patents, trade marks, service marks, registered
37 - Property" designs, copyrights, database rights, design rights,
38 - know-how, confidential information, applications for
39 - any of the above, trade secrets and any similar right
40 - recognised from time to time in any jurisdiction,
41 - together with all rights of action in relation to the
42 - infringement of any of the above;
43 -
44 - "Software" means the software and any accompanying documentation
45 - downloaded by the Licensee; and
46 -
47 - "STFC" means the Science and Technology Facilities Council,
48 - one of whose principal offices is at Rutherford
49 - Appleton Laboratory, Harwell Oxford, Didcot, OX11 0QX.
50 -
51 -2 LICENCE
52 -
53 -2.1 In consideration of the confidentiality undertakings given by the Licensee
54 - pursuant to Clause 4, STFC grants the Licensee, for the duration of this
55 - agreement, an indefinite, non-exclusive, non-transferable licence to use
56 - the Software solely for personal use on the terms and conditions of this
57 - Agreement provided that:
58 -
59 - 2.1.1 the Licensee must be employed by, or a student of, a non-profit
60 - educational, academic or research institute;
61 -
62 - 2.1.2 the Licensee may not distribute any of the Software to any third
63 - party, or share its use with any third party (regardless of whether
64 - such third party is from the same institution), and the Licensee
65 - may not sub-license the use of any of the Software;
66 -
67 - 2.1.3 the Licensee may not use the Software for any commercial purposes;
68 - and
69 -
70 - 2.1.4 the Licensee may not copy any of the Software except for the
71 - purposes of making a reasonable number of back-up copies, nor may
72 - the Licensee modify the Software or incorporate or imbed it into
73 - any other software products, except to optimise its performance for
74 - the Licensee's use on a particular platform.
75 -
76 -2.2 The licence granted in clause 2.1 relates only to the release of the
77 - Software at the date of this Agreement. The Licensee must acquire a new
78 - licence from STFC to use any future release of the Software.
79 -
80 -2.3 The Licensee will not tamper with or remove any copyright or other
81 - proprietary notice or any disclaimer that appears on or in any part of
82 - the Software and will reproduce the same in all copies of the Software.
83 -
84 -2.4 In any published work produced by the Licensee which includes results
85 - achieved by using the Software, the Licensee shall acknowledge that the
86 - Software was used in producing the results contained in such publication
87 - by including the following citation: "HSL, a collection of Fortran codes
88 - for large-scale scientific computation. See http://www.hsl.rl.ac.uk/".
89 -
90 -3 WARRANTIES AND LIABILITY
91 -
92 -3.1 The Software is supplied as is, including any faults.
93 -
94 -3.2 To the maximum extent permitted by the law, STFC excludes all warranties
95 - conditions or other terms that may be implied into this Agreement whether
96 - by law, statute or otherwise.
97 -
98 -3.3 STFC gives no condition, warranty or other term whatsoever, either
99 - express or implied including, without limitation, any condition, warranty
100 - or other term as to the condition of the Software, that the Software is
101 - free from any Harmful Element, or as to satisfactory quality, fitness for
102 - a particular purpose, non-infringement, or use of reasonable care and
103 - skill.
104 -
105 -3.4 To the extent permitted under applicable law, STFC shall not be liable in
106 - contract, tort or otherwise for any loss or damage, howsoever arising in
107 - connection with the Software. Accordingly, the Licensee acknowledges and
108 - accepts that it uses the Software at its own risk.
109 -
110 -3.5 STFC shall not be liable for any indirect, special, or consequential
111 - damages, or loss of profit, whether such damages or losses are known,
112 - foreseen, foreseeable or unforeseen. Nothing in this Agreement shall
113 - limit STFC's liability for negligently caused death or personal injury
114 - or fraud.
115 -
116 -4 NON-DISCLOSURE AGREEMENT
117 -
118 -4.1 In consideration of the disclosure by STFC to the Licensee of the
119 - Software, the Licensee undertakes that it will respect and preserve the
120 - confidentiality of the Software for a period of five years after the date
121 - of such disclosure (subject to clause 4.2 below).
122 -
123 -4.2 The obligations contained in this clause 4 shall not apply, or shall
124 - cease to apply, to such part of the Software as the Licensee can show to
125 - the reasonable satisfaction of STFC:
126 -
127 -4.2.1 has become public knowledge other than through the fault of the Licensee;
128 - or
129 -
130 -4.2.2 was already known to the Licensee prior to disclosure to it by STFC; or
131 -
132 -4.2.3 has been received from a third party who neither acquired it in
133 - confidence from STFC, nor owed STFC a duty of confidence in respect of it.
134 -
135 -5 PROPERTY RIGHTS
136 -
137 -5.1 The Software is proprietary to STFC. The Licensee acknowledges that any
138 - disclosure pursuant to this agreement shall not confer on the Licensee
139 - any Intellectual Property or other rights in relation to the Software.
140 -
141 -5.2 Ownership of all complete or partial copies of the Software shall at all
142 - times remain with STFC. The Licensee agrees to mark any copies of the
143 - Software which it may make in any tangible medium with a notice that such
144 - copy belongs to STFC.
145 -
146 -6 TERMINATION
147 -
148 -6.1 The Licensee may terminate the Agreement at any time by giving at least
149 - 30 days' prior written notice to STFC.
150 -
151 -6.2 The Agreement shall terminate automatically in the event that the
152 - Licensee no longer fulfils the requirements of clause 2.1.1.
153 -
154 -6.3 STFC may terminate the Agreement immediately on giving notice in writing
155 - to the Licensee if the Licensee commits any serious breach of any term of
156 - this Agreement and fails (in the case of a breach capable of being
157 - remedied), within 10 days after the receipt of a request in writing from
158 - the STFC to do so, to remedy the breach (such request to contain a
159 - warning of the STFC's intention to terminate).
160 -
161 -6.4 Immediately upon the termination of the Agreement the Licensee shall
162 - destroy the Software and all copies of the whole or any part thereof and
163 - certify in writing to STFC that they have been destroyed.
164 -
165 -6.5 Any termination of this Agreement (howsoever occasioned) shall not affect
166 - any accrued rights or liabilities of either party nor shall it affect the
167 - coming into force or the continuance in force of any provision in this
168 - Agreement which is expressly or by implication intended to come into or
169 - continue in force on or after such termination.
170 -
171 -7 GENERAL
172 -
173 -7.1 STFC may assign any of its rights and obligations under this Agreement,
174 - upon written notice, to any affiliated organization or to a statutory
175 - successor. Any assignment shall be subject to the assignee undertaking to
176 - observe the terms and conditions of this Agreement.
177 -
178 -7.2 The Licensee may not assign, transfer, charge, sublicense or otherwise
179 - deal in or dispose of in whole or in part any of its rights or
180 - obligations under this Agreement without the prior written consent of
181 - STFC (such consent not to be unreasonably withheld or delayed).
182 -
183 -7.3 Nothing in this Agreement will constitute or will be deemed to constitute
184 - between the parties a partnership, association, joint venture or other
185 - co-operative entity, or constitute the relationship of principal and
186 - agent.
187 -
188 -7.4 Neither party shall have any liability under or be deemed in breach of
189 - this Agreement for any delays or failures in performance of this
190 - Agreement which result from circumstances beyond the reasonable control
191 - of that party including, without limitation, fire, explosion, flood,
192 - tempest, unusually adverse weather conditions, failure or shortage of
193 - power supplies, war, hostilities, riot or acts of terrorism. The party
194 - affected by such circumstances shall promptly notify the other party in
195 - writing when such circumstances cause a delay or failure in performance
196 - and when they cease to do so. If circumstances continue for a continuous
197 - period of one (1) month, either party may terminate this Agreement by
198 - written notice to the other party.
199 -
200 -7.5 No forbearance, delay or indulgence by either party in enforcing the
201 - provisions of this Agreement shall prejudice or restrict the rights of
202 - that party nor shall any waiver of its rights operate as a waiver of any
203 - subsequent breach and no right, power or remedy herein conferred upon or
204 - reserved for either party is exclusive of any other right, power or
205 - remedy available to that party and each such right, power or remedy shall
206 - be cumulative.
207 -
208 -7.6 This Agreement supersedes all prior agreements, arrangements and
209 - understandings between the parties and constitutes the entire agreement
210 - between the parties relating to the subject matter hereof (save that
211 - neither party seeks to exclude liability for any fraudulent
212 - pre-contractual misrepresentation upon which the other party can be shown
213 - to have relied). The Licensee hereby warrants to STFC that the Licensee
214 - has not been induced to enter into this Agreement by any prior
215 - representations or warranties, whether oral or in writing, except as
216 - specifically contained in this Agreement and the Licensee hereby
217 - irrevocably and unconditionally waives any right it may have to claim
218 - damages for any misrepresentation not contained in this Agreement or for
219 - breach of any warranty not contained herein (unless such
220 - misrepresentation or warranty was made fraudulently and was relied upon
221 - by the Licensee) and/or to rescind this Agreement. No addition to or
222 - modification of any provision of this Agreement shall be binding upon the
223 - parties unless made by a written instrument signed by a duly authorised
224 - representative of each of the parties.
225 -
226 -7.7 Notwithstanding that the whole or any part of any provision of this
227 - Agreement may prove to be illegal or unenforceable the other provisions
228 - of this Agreement and the remainder of the provision in question shall
229 - remain in full force and effect.
230 -
231 -7.8 The parties confirm their intent not to confer any rights on any third
232 - parties by virtue of this Agreement and accordingly the Contracts (Rights
233 - of Third parties) Act 1999 shall not apply to this Agreement.
234 -
235 -7.9 This agreement shall be interpreted and construed in accordance with the
236 - laws of England and Wales. The English Courts will have exclusive
237 - jurisdiction to deal with any dispute which has arisen or may arise out
238 - of or in connection with this Agreement, however STFC may enforce the
239 - Licensee's obligation of confidence in the courts of any jurisdiction
240 - having competence to issue an injunction directly enforceable against
241 - the Licensee.