Gentoo Archives: gentoo-commits

From: "Ulrich Müller" <ulm@g.o>
To: gentoo-commits@l.g.o
Subject: [gentoo-commits] repo/gentoo:master commit in: licenses/
Date: Sat, 31 Oct 2015 16:21:50
Message-Id: 1446308463.8bc0899eb8382f727984aa3b17fcdb5a7a69eac1.ulm@gentoo
1 commit: 8bc0899eb8382f727984aa3b17fcdb5a7a69eac1
2 Author: Ulrich Müller <ulm <AT> gentoo <DOT> org>
3 AuthorDate: Sat Oct 31 16:21:03 2015 +0000
4 Commit: Ulrich Müller <ulm <AT> gentoo <DOT> org>
5 CommitDate: Sat Oct 31 16:21:03 2015 +0000
6 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=8bc0899e
7
8 licenses: Remove various licenses not used by any ebuild.
9
10 licenses/ArpWarp | 92 -------------
11 licenses/ccp4 | 371 ----------------------------------------------------
12 licenses/oasis | 55 --------
13 licenses/phaser | 280 ---------------------------------------
14 licenses/phaser-com | 290 ----------------------------------------
15 licenses/solve | 18 ---
16 6 files changed, 1106 deletions(-)
17
18 diff --git a/licenses/ArpWarp b/licenses/ArpWarp
19 deleted file mode 100644
20 index 8182252..0000000
21 --- a/licenses/ArpWarp
22 +++ /dev/null
23 @@ -1,92 +0,0 @@
24 -ACADEMIC SOFTWARE LICENSE AGREEMENT FOR END-USERS AT PUBLIC FUNDED ACADEMIC, EDUCATION OR RESEARCH INSTITUTIONS FOR THE USE OF ARP/WARP 7.0
25 -
26 -By clicking the Acceptance button for the ARP/wARP 7.0 Software ("Licensed 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.
27 -
28 -If you are not a member of a public funded academic and/or education and/or research institution you must obtain a commercial license from EMBLEM (Info@×××××××.de).
29 -
30 -This software license agreement is entered into by and between EMBL Enterprise Management GmbH (hereinafter "EMBLEM") located at Boxbergring 107, D-69126 Heidelberg, Germany and the "LICENSEE".
31 -
32 -WHEREAS EMBLEM has the right to license all copyrights and other property rights in the Licensed Software identified as ARP/wARP 7.0 and developed by EMBL (European Molecular Biology Laboratory, Meyerhofstrasse 1, D-69117 Heidelberg, Germany) in collaboration with the NKI (The Netherlands Cancer Institute, Plesmanlaan 121, 1066CX Amsterdam, The Netherlands), and EMBLEM desires to license the Software so that it becomes available for public use and benefit.
33 -
34 -WHEREAS LICENSEE is a public funded academic and/or education and/or research institution.
35 -
36 -WHEREAS LICENSEE desires to acquire a free non-exclusive license to use the Software for internal research purposes only.
37 -
38 -NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
39 -
40 -1. Definitions
41 -"Licensed Software", means the current version ARP/wARP 7.0 computer package developed by Victor Lamzin and Anastassis Perrakis, collectively the "Authors", pursuant to this Agreement.
42 -
43 -ARP/wARP 7.0 calls for the use of some CCP4 (Collaborative Computer Project 4, Daresbury Laboratory, UK) programs and specialized libraries. Therefore, LICENSEE of ARP/wARP must obtain a CCP4 license and must install CCP4 prior to installation of ARP/wARP.
44 -
45 -Any opinion, findings, conclusions or recommendations expressed in the ARP/wARP 7.0 suite are those of the authors and do not necessarily reflect the views of EMBL, NKI and EMBLEM.
46 -
47 -2. License
48 -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. The LICENSEE can use the Software only for academic research projects. This explicitly excludes projects which are contracted to the LICENSEE by third parties for a fee, or projects that are done in collaboration with a third party that is funding the research in whole or in part in exchange for commercial rights on the results and/or possible delay in publication of any relevant results to the academic community.
49 -
50 -This license does not entitle LICENSEE to receive from EMBLEM any copies of the Licensed Software including but not limited to Licensed Software on disks, tapes or CD's, hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Licensed Software.
51 -
52 -The user and any research assistants, co-workers or other workers who may use the Software agree to not give the source code to third parties or grant licenses on any software that includes the Licensed Software, alone or integrated into other software, to third parties. Modification of the Licensed Software code is prohibited without the prior written consent of EMBLEM.
53 -
54 -3. Ownership
55 -Except as expressly licensed in this Agreement, EMBL and NKI shall retain title to the Licensed Software, and any upgrades and modifications created by EMBL and NKI.
56 -
57 -4. Consideration
58 -In consideration for the license rights granted by EMBLEM, LICENSEE will obtain this academic license free of charge.
59 -
60 -5. Copies
61 -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.
62 -
63 -6. Support
64 -EMBLEM shall have no obligation to offer support services to LICENSEE, and nothing contained herein shall be interpreted as to require EMBLEM to provide maintenance, installation services, debugging, consultation, or end-user support of any kind.
65 -
66 -7. Software Protection
67 -LICENSEE acknowledges that ARP/wARP is proprietary to EMBL and NKI. The software code of the Licensed Software shall be treated as trade secrets and confidential information, and LICENSEE agrees to use their 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 is at its free disposal, or is independently developed by LICENSEE or its affiliates without the use of the confidential information disclosed by EMBL or NKI, or is required by law or legal process.
68 -
69 -Except as otherwise expressly permitted in this Agreement, LICENSEE may not (i) modify or create any derivative works of the Licensed Software or documentation to the Licensed Software, 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 EMBLEM's prior written consent.
70 -
71 -For the avoidance of doubt there is a note on the above: Customizations of the distributed ARP/wARP code (including but not limited to modifications of the ARP/wARP c-shell, tcl/tk and/or python scripts, as well as writing additional scripts or any other kind of computer code that use parts or the whole of the licensed software including but not limited to the so-called "software pipelines") are explicitly considered 'derivative work' as defined in (i). LICENSEE is not permitted to carry out such 'derivative work' for either local use or redistribution of changed code without the written consent of the authors and EMBLEM.
72 -
73 -8. Representations of EMBLEM to LICENSEE
74 -EMBLEM represents to LICENSEE that (i) EMBLEM has the right to grant the License on the Licensed Software and to enter into this agreement and (ii) EMBLEM 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.
75 -
76 -9. Indemnity and Disclaimer of Warranties
77 -Except as expressly set forth in this agreement, EMBLEM makes no representations or warranties, expressed or implied.
78 -
79 -The Licensed Software is provided free of charge, and, therefore, on an "as is" basis, without warranty of any kind, expressed 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.
80 -
81 -By way of example, but not limitation, EMBLEM makes no representations or warranties of merchantability or fitness for the Licensed Software and any particular application or that the use of the Licensed 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. EMBLEM 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.
82 -
83 -Should the Licensed Software prove defective in any respect, LICENSEE and not EMBL, NKI or their 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 Software is authorized hereunder except under this disclaimer.
84 -
85 -In no event will EMBL, NKI or their 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.
86 -
87 -LICENSEE has no right to claim any indemnification based on LICENSEE's use of Licensed Software.
88 -
89 -10. Promotional Advertising & References
90 -LICENSEE may not use the name "ARP/wARP" 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 EMBL and/or NKI in any promotional advertising or other promotional materials to be disseminated to the public, or any portion thereof without EMBLEM's prior written consent. For the avoidance of doubt, scientific literature is not defined as advertising and promotional materials.
91 -
92 -LICENSEE agrees to cite the use of the Licensed Software on all related scientific publications, posters, grant applications, institutional reports or brochures. LICENSEE agrees further 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. EMBLEM, EMBL or NKI 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.
93 -
94 -11. Term
95 -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.
96 -
97 -EMBLEM may terminate this Agreement at any time.
98 -
99 -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.
100 -
101 -LICENSEE shall have the right, at any time, to terminate this Agreement without cause by written notice to EMBLEM specifying the date of termination.
102 -
103 -Upon termination, LICENSEE shall destroy all full and partial copies of the Licensed Software.
104 -
105 -12. Governing Law
106 -This Agreement shall be construed in accordance with the laws of Germany. Place of Jurisdiction shall be Mannheim.
107 -
108 -13. General
109 -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.
110 -
111 -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.
112 -
113 -IN WITNESS WHEREOF, the LICENSEE hereto has 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.
114 -
115 -I have read this License Agreement and I agree to uphold the terms and conditions of this license.
116 \ No newline at end of file
117
118 diff --git a/licenses/ccp4 b/licenses/ccp4
119 deleted file mode 100644
120 index 09c73a6..0000000
121 --- a/licenses/ccp4
122 +++ /dev/null
123 @@ -1,371 +0,0 @@
124 -CCP4 PROGRAM SUITE
125 -LICENCE AGREEMENT
126 -(Academic Use)
127 -THIS LICENCE AGREEMENT is made BETWEEN:
128 -1. THE COUNCIL FOR THE CENTRAL LABORATORY OF THE RESEARCH
129 -COUNCILS, an executive Non-Departmental Public Body established as a Research
130 -Council by Royal Charter under the Science and Technology Act 1965 (“CCLRC”);
131 -and
132 -2. [INSERT NAME OF ACADEMIC/RESEARCH INSTITUTION] whose administrative
133 -offices are at [insert address] ("the Licensee").
134 -BACKGROUND
135 -CCLRC has assembled the CCP4 suite of software applications and libraries with
136 -support
137 -from the Biotechnology and Biological Sciences Research Council, as part of the
138 -Collaborative Computational Project Number 4.
139 -The CCP4 Software Suite comprises:
140 -a) applications and libraries distributed in source code, that the Licensee may
141 -use
142 -free of charge for Academic Purposes, subject to the terms of clauses 2.1-2.4 of
143 -this Agreement;
144 -b) applications and libraries distributed in source code, that the Licensee may
145 -use,
146 -free of charge, subject to the terms of the LGPL or the GPL; and
147 -c) third party software that is included in the CCP4 suite of programs and that
148 -is
149 -licensed by a third party on that third party's terms and conditions.
150 -1. DEFINITIONS AND INTERPRETATION
151 -1.1 In this Agreement the following expressions have the meaning set opposite:
152 -Academic Purposes: fundamental or basic research or academic teaching,
153 -including any fundamental research that is funded by any
154 -public or charitable body, but not any purpose that
155 -generates revenue (as opposed to grant income) for the
156 -Licensee or any third party. Any research that is wholly or
157 -partially sponsored by any profit making organisation or
158 -that is carried out for the benefit of any profit-making
159 -organisation is not an Academic Purpose;
160 -an Application: a software program designed to provide a specific function
161 -for the user;
162 -the CCP4 Software: the Libraries and Applications distributed by CCLRC from
163 -time to time as part of the CCP4 Software Suite, except
164 -the GNU Software and the Third Party Software;
165 -the CCP4 Website: the website with the URL www.ccp4.ac.uk;
166 -the Current Release: Version 5.0 of the Software, and all later versions that
167 -CCLRC decides may be used under this Agreement;
168 -a Derived Work: any modification of, or enhancement or improvement to,
169 -any of the Software and any software or other work
170 -developed or derived from, or based on, any of the
171 -Software, or that incorporates any of the Software;
172 -the LGPL: the GNU Lesser General Public Licence, a copy of which
173 -appears in Appendix A to this Agreement;
174 -the GPL: the GNU General Public Licence, a copy of which appears
175 -in Appendix B to this Agreement;
176 -the GNU Software: the open source Libraries and Applications that are listed
177 -on the CCP4 Website from time to time as being subject
178 -to, respectively, the terms of the LGPL or the GPL;
179 -a Harmful Element: any virus, worm, time bomb, time lock, drop dead device,
180 -trap and access code or anything else that might disrupt,
181 -disable, harm or impede the operation of any information
182 -system, or that might corrupt, damage, destroy or render
183 -inaccessible any software, data or file on, or that may
184 -allow any unauthorised person to gain access to, any
185 -information system or any software, data or file on it;
186 -Intellectual Property: patents, trade marks, service marks, registered designs,
187 -copyrights, database rights, design rights, know-how,
188 -confidential information, applications for any of the above,
189 -and any similar right recognised from time to time in any
190 -jurisdiction, together with all rights of action in relation to
191 -the infringement of any of the above;
192 -a Library: a collection of reusable programming routines, software
193 -functions or data that may be linked to, or used with, an
194 -Application;
195 -the Licence Period: the period beginning when the Licensee posts or faxes the
196 -completed and signed copy of this Agreement to CCLRC
197 -2
198 -in accordance with clause 5.1, and ending on the
199 -termination of this Agreement under clause 5.2;
200 -the Software: the suite of programs known as CCP4, comprising the
201 -GNU Software, the CCP4 Software and the Third Party
202 -Software; and
203 -the Third Party Software Procheck, FFTw, libjpeg, CBF, Astexviewer, Rasmol and
204 -Phaser.
205 -2. LICENCE
206 -The CCP4 Software
207 -2.1 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free
208 -licence to use,
209 -copy, modify, and enhance and distribute the CCP4 Libraries during the Licence
210 -Period
211 -on the terms and conditions of this Agreement provided that:
212 -2.1.1 the Licensee may distribute, or supply any CCP4 Library or any Derived
213 -Work
214 -based on that Library, and may allow any third party to use any CCP4 Library or
215 -any
216 -Derived Work based on that Library, solely on condition that the recipient of
217 -that
218 -CCP4 Library or that Derived Work will comply with clause 2.1.2 below as though
219 -it
220 -were named instead of the Licensee in that clause; and
221 -2.1.2 the Licensee will notify CCLRC of any Derived Work made by or for the
222 -Licensee, or
223 -by any of its employees or students, based on any CCP4 Library, and will provide
224 -CCLRC with a copy of that Derived Work (in source code) within one year after it
225 -was made. The Licensee grants CCLRC an irrevocable, indefinite licence to make
226 -that Derived Work available to any third party on such terms and conditions as
227 -CCLRC may from time to time decide. This clause does not apply to any
228 -executable program based on or combined with a Library, or to any Derived Work
229 -that the Licensee distributes under the LGPL or the GPL.
230 -2.2 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free
231 -licence to use
232 -and copy the CCP4 Applications during the Licence Period on the terms and
233 -conditions of
234 -this Agreement provided that:
235 -2.2.1 the Licensee may not distribute any CCP4 Application or any Derived Work
236 -based
237 -on any CCP4 Application to any third party, or share their use with any third
238 -party
239 -(whether free of charge or otherwise); and
240 -2.2.2 the Licensee may not copy any CCP4 Application except for the purposes of
241 -making
242 -a reasonable number of back-up copies, nor may the Licensee modify any CCP4
243 -Application or create any Derived Work based on any CCP4 Application except for
244 -the purpose of error correction. The Licensee will provide CCLRC with a copy of
245 -any
246 -3
247 -correction made by the Licensee (in source code) within one year after it was
248 -made.
249 -The licensee grants CCLRC an irrevocable, indefinite licence to make that
250 -correction available to any third party on such terms and conditions as CCLRC
251 -may
252 -from time to time decide.
253 -2.3 The CCP4 Software and any Derived Work based on any part of the CCP4
254 -Software may
255 -be used by the Licensee and its employees and registered students for Academic
256 -Purposes only.
257 -2.4 The licences granted in this clause 2 relate only to the Current Release.
258 -The Licensee
259 -must acquire a new licence for any future version of the Software that CCLRC
260 -decides
261 -requires a new or further licence.
262 -The GNU Software
263 -2.5 The GNU Software is supplied to the Licensee on the terms and conditions of
264 -the LGPL
265 -or the GPL as indicated on the CCP4 Website from time to time. By entering into
266 -this
267 -Agreement the Licensee agrees to comply with the terms of the LGPL or the GPL
268 -as so
269 -indicated.
270 -The Third Party Software
271 -2.6 The Third Party Software is supplied to the Licensee on the terms and
272 -conditions imposed
273 -by the third party owner or licensor. By entering into this Agreement the
274 -Licensee agrees
275 -to comply with those terms and conditions.
276 -The Software
277 -2.7 The Licensee will not tamper with or remove any copyright or other
278 -proprietary notice or
279 -any disclaimer that appears on or in any part of the Software, and will
280 -reproduce the
281 -same in all copies of any of the Software and in all Derived Works.
282 -3. WARRANTIES AND LIABILITY
283 -3.1 The Software is provided for Academic Purposes free of charge. Therefore
284 -CCLRC and
285 -its licensors give no warranty and make no representation in relation to the
286 -Software or
287 -any assistance or advice that CCLRC may give in connection with the Software.
288 -The
289 -Licensee, its employees and students and anyone to whom the Licensee makes the
290 -Software or any Derived Work available, use them at their own risk. The Licensee
291 -will indemnify CCLRC against any claim made by any third party to whom the
292 -Licensee
293 -has made the Software or any Derived Work available.
294 -3.2 Before using any of the software, the Licensee will check that the Software
295 -does not
296 -contain any Harmful Element. Neither CCLRC nor its licensors warrants that the
297 -Software
298 -will run without interruption or be error free, or free from any Harmful
299 -Element. CCLRC is
300 -not obliged to provide any support or error correction service, assistance or
301 -advice in
302 -4
303 -relation to the Software. If it does provide that sort of service, assistance
304 -or advice,
305 -subject to clause 3.7, CCLRC will not be liable for any loss or damage suffered
306 -by the
307 -Licensee as a result.
308 -3.3 Neither CCLRC nor any of its licensors will be liable to the Licensee to
309 -the extent that any
310 -loss or damage is caused by the Licensee's failure to implement, or the
311 -Licensee's delay
312 -in implementing, any upgrade, update, new release, revision, version or
313 -modification of, or
314 -advice in relation to, the Software that would have remedied or mitigated the
315 -effects of
316 -any error, defect, bug or deficiency.
317 -3.4 The Licensee acknowledges that proper use of the Software and any Derived
318 -Work is
319 -dependent on the Licensee, its employees and students exercising proper skill
320 -and care
321 -in inputting data and interpreting the output provided by the Software or that
322 -Derived
323 -Work. CCLRC and its licensors will not be liable for the consequences of
324 -decisions taken
325 -by the Licensee or any other person on the basis of that output. CCLRC does not
326 -accept
327 -any responsibility for any use which may be made by the Licensee of that
328 -output, nor for
329 -any reliance which may be placed on that output, nor for advice or information
330 -given in
331 -connection with that output.
332 -3.5 Subject to clause 3.7, CCLRC's liability for any breach of this Agreement,
333 -any negligence
334 -or arising in any other way out of the subject matter of this Agreement, will
335 -not extend to
336 -any incidental or consequential damages or losses, or any loss of profits, loss
337 -of revenue,
338 -loss of data, loss of contracts or opportunity, whether direct or indirect,
339 -even if the
340 -Licensee has advised CCLRC of the possibility of those losses arising or if
341 -they were or
342 -are within CCLRC's contemplation. CCLRC’s licensors will not be liable to the
343 -Licensee
344 -for any loss or damage, however caused (including by negligence) and whether
345 -direct or
346 -indirect.
347 -3.6 Subject to clause 3.7, the aggregate liability of CCLRC for any breach of
348 -this Agreement,
349 -any negligence or arising in any other way out of the subject matter of this
350 -Agreement will
351 -not exceed £50,000.
352 -3.7 Nothing in this Agreement (including without limitation the LGPL or the
353 -GPL, as
354 -applicable) limits or excludes CCLRC's liability for death or personal injury
355 -caused by its
356 -negligence or for any fraud, or for any sort of liability that, by law, cannot
357 -be limited or
358 -excluded.
359 -3.8 In addition to the terms and conditions of the LGPL or the GPL (as
360 -applicable), and the
361 -terms that apply to any Third Party Software, the terms of this clause 3 apply
362 -as
363 -between CCLRC and the Licensee, and the validity of any part of this clause 3
364 -will not
365 -be affected by any part of the LGPL or the GPL or the terms that apply to any
366 -Third
367 -Party Software being held to be invalid by any court.
368 -5
369 -3.9 The express undertakings and given by CCLRC in this Agreement and the terms
370 -of this
371 -Agreement are in lieu of all warranties, conditions, terms, undertakings and
372 -obligations
373 -on the part of CCLRC, whether express or implied by statute, common law, custom,
374 -trade usage, course of dealing or in any other way. All of these are excluded
375 -to the
376 -fullest extent permitted by law.
377 -4. INTELLECTUAL PROPERTY RIGHTS AND ACKNOWLEDGEMENTS
378 -4.1 Nothing in this Agreement assigns or transfers any Intellectual Property
379 -Rights in any of
380 -the Software. Those rights are reserved to CCLRC or its licensors.
381 -4.2 The Licensee will ensure that, if any of its employees or students publish
382 -any article or
383 -other material resulting from, or relating to, a project or work undertaken
384 -with the
385 -assistance of any part of the Software, that publication will contain a proper
386 -acknowledgement or citation as indicated from time to time on the CCP4 Website.
387 -5. TERMINATION
388 -5.1 This Agreement will take effect and the Licence Period will start when a
389 -completed copy
390 -of this Agreement, signed on behalf of the Licensee, has been posted to the
391 -Secretary to
392 -CCP4, at CCLRC, Daresbury Laboratory, Warrington WA 4 4AD, or faxed to :+44 1925
393 -603825 (or to any other address or fax number given for this purpose on the CCP4
394 -website at the time the Licensee downloads this form of Licence Agreement from
395 -that
396 -website).
397 -5.2 This Agreement will terminate immediately and automatically if:
398 -5.2.1 the Licensee is in breach of this Agreement; or
399 -5.2.2 the Licensee becomes insolvent, or if an order is made or a resolution is
400 -passed for
401 -its winding up (except voluntarily for the purpose of solvent amalgamation or
402 -reconstruction), or if an administrator, administrative receiver or receiver is
403 -appointed over the whole or any part of its assets, or if it makes any
404 -arrangement
405 -with its creditors.
406 -5.3 The Licensee's right to use the Software will cease immediately on the
407 -termination of this
408 -Agreement, and the Licensee will destroy all copies of the Software that it or
409 -any of its
410 -employees or students holds.
411 -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
412 -survive the expiry of
413 -the Licence Period and the termination of this Agreement, and will continue
414 -indefinitely.
415 -5.5 CCLRC may withdraw any of the Software from the CCP4 Suite at any time. If
416 -any third
417 -party owner of the Intellectual Property in any of the Software withdraws
418 -CCLRC’s right
419 -to distribute that software, the Licensee’s rights under this Agreement in
420 -relation to that
421 -6
422 -software will immediately terminate, and the Licensee will cease using that
423 -part of the
424 -Software
425 -6. GENERAL
426 -6.1 Headings: The headings in this Agreement are for ease of reference only;
427 -they do not
428 -affect its construction or interpretation.
429 -6.2 Assignment etc: The Licensee may not assign or transfer this Agreement as a
430 -whole, or
431 -any of its rights or obligations under it, without first obtaining the written
432 -consent of
433 -CCLRC.
434 -6.3 Illegal/unenforceable provisions: If the whole or any part of any provision
435 -of this
436 -Agreement is void or unenforceable in any jurisdiction, the other provisions of
437 -this
438 -Agreement, and the rest of the void or unenforceable provision, will continue
439 -in force in
440 -that jurisdiction, and the validity and enforceability of that provision in any
441 -other
442 -jurisdiction will not be affected.
443 -6.4 Waiver of rights: If CCLRC fails to enforce, or delays in enforcing, an
444 -obligation of the
445 -Licensee, or fails to exercise, or delays in exercising, a right under this
446 -Agreement, that
447 -failure or delay will not affect its right to enforce that obligation or
448 -constitute a waiver of
449 -that right. Any waiver by CCLRC of any provision of this Agreement will not,
450 -unless
451 -expressly stated to the contrary, constitute a waiver of that provision on a
452 -future occasion.
453 -6.5 Entire agreement: This Agreement constitutes the entire agreement between
454 -the parties
455 -relating to its subject matter. The Licensee acknowledges that it has not
456 -entered into this
457 -Agreement on the basis of any warranty, representation, statement, agreement or
458 -undertaking except those expressly set out in this Agreement. The Licensee
459 -waives any
460 -claim for breach of, or any right to rescind this Agreement in respect of, any
461 -representation which is not an express provision of this Agreement. However,
462 -this clause
463 -does not exclude any liability which CCLRC may have to the Licensee (or any
464 -right which
465 -the Licensee may have to rescind this Agreement) in respect of any fraudulent
466 -misrepresentation or fraudulent concealment before the signing of this
467 -Agreement.
468 -6.6 Amendments: No variation of, or amendment to, this Agreement will be
469 -effective unless
470 -it is made in writing and signed by each party's representative.
471 -6.7 Third parties: No one except a party to this Agreement has any right to
472 -prevent the
473 -amendment of this Agreement or its termination, and no one except a party to
474 -this
475 -Agreement may enforce any benefit conferred by this Agreement, unless this
476 -Agreement
477 -expressly provides otherwise.
478 -6.8 Governing law: This Agreement is governed by, and is to be construed in
479 -accordance
480 -with, English law. The English Courts will have exclusive jurisdiction to deal
481 -with any
482 -7
483 -dispute which has arisen or may arise out of or in connection with this
484 -Agreement, except
485 -that CCLRC may bring proceedings against the Licensee or for an injunction in
486 -any
487 -jurisdiction. [If the Licensee's usual place of business or registered office
488 -is not in
489 -England, the Licensee’s address for service in England is ____].
490 -SIGNED for and on behalf of the Licensee:
491 -Name:
492 -Position:
493 -Signature:
494 -Date:
495
496 diff --git a/licenses/oasis b/licenses/oasis
497 deleted file mode 100644
498 index 243a3a6..0000000
499 --- a/licenses/oasis
500 +++ /dev/null
501 @@ -1,55 +0,0 @@
502 - LICENSE of VEC, SAPI, DIMS and Associated Programs
503 -
504 -COPYRIGHT NOTICE:
505 -
506 -Copyright (c) 1985-2002,
507 - Research group on Methods of Solving Crystal Structures,
508 - Institute of Physics, Chinese Academy of Sciences.
509 - All rights reserved.
510 -Authors:
511 - VEC
512 - Wan Zheng-hua, Liu Yu-dong, Fu Zheng-qing, Li Yang,
513 - Cheng Ting-zhu, Li Fang-hua & Fan Hai-fu
514 - SAPI
515 - Zheng Chao-de, Gu Yuan-xin, Wan Zheng-hua, Yao Jia-xing &
516 - Fan Hai-fu
517 - DIMS
518 - Fu Zheng-qing, Li Yang, Liu Yu-dong & Fan Hai-fu
519 -
520 -LICENSE AGREEMENT:
521 -
522 -In consideration of being allowed to copy and/or use this software,
523 -the user agrees to be bound by the terms and conditions of this License
524 -Agreement as "Licensee." This Agreement gives you, the LICENSEE,
525 -certain rights and obligations. By using the software, you indicate
526 -that you have read, understood, and will comply with the following
527 -terms and conditions.
528 -
529 -Permission is hereby granted to use or copy these programs for academic
530 -purpose, provided the text of this NOTICE (to include COPYRIGHT
531 -NOTICE, LICENSE AGREEMENT, and DISCLAIMER) is retained with all
532 -copies. Permission to modify the code and to distribute modified code
533 -is granted, provided the text of this NOTICE is retained, a notice
534 -that the code was modified is included with the above COPYRIGHT NOTICE
535 -and with the COPYRIGHT NOTICE in any modified files, and that this
536 -file ("LICENSE") is distributed with the modified code.
537 -
538 -Title to copyright to this software and its derivatives and to any
539 -associated documentation shall at all times remain with Licensor and
540 -LICENSEE agrees to preserve the same. Nothing in this Agreement shall
541 -be construed as conferring rights to use in advertising, publicity or
542 -otherwise any trademark of the name of the Institute of Physics, Chinese
543 -Academy of Sciences.
544 -
545 -DISCLAIMER:
546 -
547 -THIS SOFTWARE IS PROVIDED BY THE AUTHORS "AS IS" AND ANY EXPRESS OR
548 -IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
549 -OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
550 -IN NO EVENT SHALL THE AUTHORS BE LIABLE FOR ANY DIRECT, INDIRECT,
551 -INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
552 -NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
553 -DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
554 -THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
555 -(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
556 -THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
557
558 diff --git a/licenses/phaser b/licenses/phaser
559 deleted file mode 100644
560 index e03a57a..0000000
561 --- a/licenses/phaser
562 +++ /dev/null
563 @@ -1,280 +0,0 @@
564 -Software: PHASER
565 -Version: 1.3
566 -
567 -This End User Licence Agreement is a legal agreement between you the
568 -"Licensee" (in your capacity as an individual and as an agent for your
569 -institution or other entity)
570 -and
571 -Cambridge University Technical Services Limited ("CUTS") whose registered
572 -office is at 16 Mill Lane, Cambridge, CB2 1SB UK.
573 -
574 -CUTS is a company wholly owned by the Chancellor, Masters and Scholars of the
575 -University of Cambridge which holds title in intellectual property rights
576 -including in the Software and carries on trading, business and technology
577 -transfer transactions on behalf of the University of Cambridge.
578 -
579 -CUTS is the entire legal and beneficial owner and licensor of the Software and
580 -desires to grant on the Software non-exclusive, restricted-use licences for
581 -in-house use to appropriate academic and non-commercial third parties.
582 -
583 -Downloading the Software from its internet publication site (restricted access
584 -via user ID and password) at
585 -http://www-structmed.cimr.cam.ac.uk/phaser/download.html, installing, or
586 -using of the Software by you indicates your agreement to be bound by the terms
587 -and conditions of this Agreement. If you do not agree to these terms and
588 -conditions, do not download, install or use the Software.
589 -
590 -AGREED TERMS
591 -
592 -1. DEFINITIONS
593 -
594 -1.1 In this Agreement the following words and phrases shall, unless the
595 -context otherwise requires, have the following meanings:
596 -
597 -Commencement Date means the initial date of download of the Software from its
598 -internet publication site by the Licensee;
599 -
600 -Derivatives means computer programs in machine readable object code or source
601 -code form developed or otherwise acquired by the Licensee which are a
602 -modification of, enhancement to, derived from or based upon the Software;
603 -
604 -Intellectual Property Rights means all patents, copyrights, design rights,
605 -trade marks, service marks, trade secrets, know-how, database rights and other
606 -rights in the nature of intellectual property rights (whether registered or
607 -unregistered) and all applications for the same, anywhere in the world;
608 -
609 -Parties means CUTS and the Licensee and "Party" shall mean either of them;
610 -
611 -Software means the computer program and version listed at the head of this
612 -Agreement.
613 -
614 -2. GRANT OF LICENCE
615 -
616 -2.1 CUTS hereby grants to the Licensee and the Licensee hereby accepts a
617 -non-exclusive, non-transferable, royalty-free licence, commencing on the
618 -Commencement Date and for a term of five years therefrom, to download, install
619 -and use the Software subject to the following terms and conditions:
620 -
621 -(a) the Licensee may use the Software solely for its internal use and the
622 -Licensee shall not sell, give, disclose, lend, transfer, sublicense or
623 -otherwise distribute the Software to any third party, or allow the Software to
624 -be accessed over the internet or in any other manner that would allow access
625 -to the Software by anyone other than the Licensee's employees (and consultants
626 -and contractors provided such use is solely for the Licensee's internal use
627 -and subject to the provisions of this Agreement);
628 -
629 -(b) the Licensee may create Derivatives solely for its own internal use but
630 -shall not distribute the Software or any Derivatives in whole or in part to
631 -any third party;
632 -
633 -(c) the Software may be installed and used only on computers owned or leased
634 -by the Licensee;
635 -
636 -(d) the Licensee may copy the Software solely to the extent necessary to
637 -exercise this Licence, and for backup, disaster recovery and archival
638 -purposes, provided that the Licensee shall retain on all copies of the
639 -Software the following copyright notice: © 2000-2005. Cambridge University
640 -Technical Services Limited. All rights reserved.
641 -
642 -3. INTELLECTUAL PROPERTY RIGHTS
643 -
644 -3.1 The Licensee acknowledges that all Intellectual Property Rights in the
645 -Software and any copies thereof belong and shall belong to CUTS and the
646 -Licensee shall have no rights in or to the Software other than the right to
647 -use it in accordance with the terms of the Licence in this Agreement.
648 -
649 -3.2 Title to and ownership of any portion of the Software incorporated into
650 -Derivatives shall at all times remain with CUTS and the Licensee shall not
651 -have any title or ownership interest therein.
652 -
653 -3.3 Title to and ownership of any portion of Derivatives created by the
654 -Licensee and not owned by CUTS pursuant to Clauses 3.1 and 3.2 above shall be
655 -held by the Licensee. Nothing contained in this Licence shall be construed to
656 -limit CUTS rights to modify or to develop other derivatives of the Software
657 -which are similar to or offer the same or similar improvements as any
658 -Derivatives developed by the Licensee.
659 -
660 -3.4 Error fixes, bug fixes, technical suggestions, comments and suggested
661 -improvements to the Software and its code are welcome by the authors of the
662 -Software and CUTS, and in agreeing to provide these to the authors or to CUTS
663 -the Licensee hereby assigns the Intellectual Property Rights in error fixes,
664 -bug fixes, or technical improvements to CUTS which are communicated in any
665 -manner or medium to the authors of the Software or CUTS with a reservation of
666 -use of those improvements and suggestions by the Licensee subject to the terms
667 -and conditions of the Licence in this Agreement.
668 -
669 -4. NO MAINTENANCE OR SUPPORT
670 -
671 -4.1 CUTS is under no obligation whatsoever to:
672 -
673 -(a) provide maintenance or support for the Software; or
674 -
675 -(b) notify the Licensee of error fixes, bug fixes, patches, or upgrades to
676 -the features, functionality or performance of the Software ("Enhancements")
677 -(if any), whether developed by CUTS or third parties. If, in its sole
678 -discretion, CUTS makes an Enhancement available to the Licensee and CUTS does
679 -not separately enter into a written licence agreement with the Licensee
680 -relating to such bug fix, patch or upgrade, then it shall be deemed
681 -incorporated into the Software and subject to this Agreement.
682 -
683 -5. DISCLAIMER OF WARRANTIES
684 -
685 -5.1 CUTS warrants that the Software will conform substantially with its
686 -functional specifications. Otherwise the Software is supplied "as is" without
687 -warranty of any kind. CUTS, its licensors and its employees:
688 -
689 -(a) disclaim any warranties, express or implied, including but not limited to
690 -any implied warranties of merchantability, fitness for a particular purpose,
691 -title or non-infringement of third party rights;
692 -
693 -(b) do not assume any legal liability or responsibility for the accuracy,
694 -completeness, or usefulness of the Software;
695 -
696 -(c) do not represent that use of the Software will not infringe privately
697 -owned rights;
698 -
699 -(d) do not warrant that the Software will function uninterrupted, that it is
700 -error-free or that any errors will be corrected.
701 -
702 -6. LIMITATION OF LIABILITY
703 -
704 -6.1 The Software is provided for academic non-commercial purposes only.
705 -Therefore, in no event will CUTS or its licensors or its employees be liable
706 -to the Licensee for any indirect, incidental, consequential, special or
707 -punitive damages of any kind or nature, including but not limited to loss of
708 -profits or loss of data, for any reason whatsoever, whether such liability is
709 -asserted on the basis of contract, tort (including negligence or strict
710 -liability), or otherwise, even if CUTS has been warned of the possibility of
711 -such loss or damages.
712 -
713 -6.2 The limitations and exclusions in this Agreement shall not apply in
714 -respect of claims for personal injury or death caused by the negligence of
715 -CUTS, its licensors or its employees or in respect of fraud or fraudulent
716 -misrepresentation.
717 -
718 -7. INDEMNITY
719 -
720 -7.1 The Licensee shall indemnify CUTS, the Software authors, the Software
721 -sponsors, and their agents, officers, and employees, against any and all
722 -claims, suits, losses, damages, costs, fees, and expenses arising out of or in
723 -connection with any claim or threatened claim by any third party relating to
724 -or arising from the use of the Software by the Licensee. The Licensee shall
725 -pay all costs incurred by CUTS in enforcing this provision.
726 -
727 -8. TERM AND TERMINATION
728 -
729 -8.1 This Agreement and the Licence granted herein shall come into effect
730 -on the Commencement Date and will continue for the duration of five years
731 -therefrom unless terminated by CUTS in accordance with this Agreement. If the
732 -Licensee breaches any term of this Agreement, and fails to cure such breach
733 -within thirty (30) days of the date of written notice, this Agreement shall
734 -immediately terminate. Upon such termination the Licensee shall immediately
735 -cease using the Software, return to CUTS or destroy all copies of the
736 -Software, and provide CUTS with written certification of the Licensee's
737 -compliance with the foregoing. Termination shall not relieve the Licensee
738 -from its obligations arising prior to such termination. Notwithstanding any
739 -provision of this Agreement to the contrary, Sections 3, 5, 6, 7, 8, 9, 10,
740 -13, 14 and 18 shall survive termination of this Agreement.
741 -
742 -9. CONFIDENTIALITY
743 -
744 -9.1 The Licensee agrees and undertakes that during the term of the Licence in
745 -this Agreement and thereafter it will keep confidential all, and will not use
746 -for its own purposes nor without the prior written consent of CUTS disclose to
747 -any third party any information of a confidential nature (including trade
748 -secrets and information of commercial value) which may become known to the
749 -Licensee and which relates to CUTS unless such information is public knowledge
750 -or already known to the Licensee at the time of disclosure or subsequently
751 -becomes public knowledge other by breach of the Licence in this Agreement or
752 -subsequently comes lawfully into the possession of the Licensee from a third
753 -party.
754 -
755 -10. NO SUBLICENSING AND NO ASSIGNMENT
756 -
757 -10.1 The Licensee shall have no right to sub-license or to assign,
758 -transfer, charge or deal in any other manner the benefit or burden of the
759 -Licence in this Agreement in whole or in part or to allow the Software to
760 -become the subject of any charge, lien or encumbrance without the prior
761 -written consent of CUTS such consent may be withheld without giving any
762 -reasons.
763 -
764 -11. WAIVER
765 -
766 -11.1 No forbearance or delay by either party in enforcing its rights will
767 -prejudice or restrict the rights of that party, and no waiver of any such
768 -rights or of any breach of any contractual terms will be deemed to be a waiver
769 -of any other right or of any later breach.
770 -
771 -12. SEVERABILITY
772 -
773 -12.1 If any provision of the Licence in this Agreement is judged to be
774 -illegal or unenforceable, the continuation in full force and effect of the
775 -remainder of the provisions will not be prejudiced.
776 -
777 -13. NO AGENCY OR PARTNERSHIP
778 -
779 -13.1 Nothing contained or implied in this Agreement constitutes a Party the
780 -partner, agent, or legal representative of another party or of the other Party
781 -for any purpose or creates any partnership, agency or trust, and no Party has
782 -any authority to bind the other Party in any way.
783 -
784 -14. THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
785 -
786 -14.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to
787 -this Agreement and nothing in this Agreement shall confer or purport to confer
788 -on or operate to give any third Party any benefit or any right to enforce any
789 -term of this Agreement.
790 -
791 -15. NOTICES
792 -
793 -15.1 Any notice to be given under this Agreement shall be in writing and
794 -delivered by hand, prepaid registered post or facsimile to a Party at the
795 -address set out at the head of this Agreement or to such other address or fax
796 -number as any Party may specify in writing to another. Notices are deemed to
797 -have been given:
798 -
799 -(a) if delivered by hand, at the time of delivery unless delivered after 5pm
800 -in the place of receipt or on a non-business day, in which case the notice is
801 -deemed to have been given at 9am the next business day;
802 -
803 -(b) if sent by registered post from within the United Kingdom, three
804 -business days after posting (or seven business days if posted from outside the
805 -United Kingdom); and
806 -
807 -(c) if sent by facsimile, at the time the facsimile is received shown in
808 -the transmission report as the time that the whole facsimile was sent unless
809 -received after 5pm in the place of receipt or on a non-business day, in which
810 -case the notice is deemed to have been given at 9am the next business day.
811 -Any notice served by facsimile transmission shall be confirmed by post.
812 -
813 -16. ENTIRE AGREEMENT
814 -
815 -16.1 This Agreement constitutes the entire agreement and understanding of the
816 -Parties and supersedes all negotiations, understandings or previous agreement
817 -between the Parties relating to the subject matter of this Agreement.
818 -
819 -17. GOVERNING LAW
820 -
821 -17.1 This Agreement and any documents to be entered into pursuant to it
822 -shall be governed by and construed in accordance with English law and each
823 -Party irrevocably submits to the exclusive jurisdiction of the courts of
824 -England over any claim or matter arising under or in connection with this
825 -Agreement and the documents entered into pursuant to it.
826 -
827 -18. EXPORT CONTROL REGULATIONS
828 -
829 -18.1 'Export Control Regulations' means any United Nations trade sanctions
830 -or EU or UK legislation or regulation, from time to time in force, which
831 -impose arms embargoes or control of export of goods, technology or software.
832 -
833 -18.2 The Licensee shall ensure that, in using the Software it shall not and
834 -nor shall its employees breach or compromise directly of indirectly compliance
835 -with any Export Control Regulations.
836 -
837 -
838 -
839 -If you have any questions or feedback concerning the Software, contact
840 -University of Cambridge, Department of Haematology, Cambridge Institute for
841 -Medical Research, Wellcome Trust/MRC Building, Cambridge CB2 0XY UK.
842 -Attn: Professor Randy Read, or via email at cimr-phaser@××××××××××××.uk
843 -
844
845 diff --git a/licenses/phaser-com b/licenses/phaser-com
846 deleted file mode 100644
847 index 3c1b3a0..0000000
848 --- a/licenses/phaser-com
849 +++ /dev/null
850 @@ -1,290 +0,0 @@
851 -Software: PHASER
852 -Version: 1.3
853 -
854 -This End User Licence Agreement ("Agreement") is a legal agreement between
855 -your company the "Licensee"
856 -and
857 -CAMBRIDGE UNIVERSITY TECHNICAL SERVICES LIMITED ("CUTS") whose registered
858 -office is at 16 Mill Lane, Cambridge, CB2 1SB UK.
859 -
860 -CUTS is a company wholly owned by the Chancellor, Masters and Scholars of the
861 -University of Cambridge which holds title in intellectual property rights
862 -including in the Software and carries on trading, business and technology
863 -transfer transactions on behalf of the University of Cambridge.
864 -
865 -CUTS is the entire legal and beneficial owner and licensor of the Software and
866 -is willing to license use of the Software by the Licensee. As a condition
867 -precedent to the execution and performance of this Licence, the Licensee
868 -(and/or any of its Affiliates, if applicable, the Licensee and its Affiliates
869 -collectively referred to as the "Licensee" for the purposes of this Agreement)
870 -will have paid up annual fees to the PHENIX Industry Consortium for use of
871 -software, including the Software which is the subject of the Licence in this
872 -Agreement, which has been assembled for the PHENIX Industry Consortium.
873 -
874 -Downloading the Software from its internet publication site (restricted access
875 -via user ID and password) at
876 -http://www-structmed.cimr.cam.ac.uk/phaser/download.html, installing, or use
877 -of the Software by the Licensee indicates the Licensee's agreement to be bound
878 -by the terms and conditions of this Agreement. If the Licensee does not agree
879 -to these terms and conditions, the Licensee may not download, install or use
880 -the Software.
881 -
882 -AGREED TERMS
883 -
884 -1. DEFINITIONS
885 -
886 -1.1 In this Agreement the following words and phrases shall, unless the
887 -context otherwise requires, have the following meanings:
888 -
889 -Commencement Date means the initial date of download of the Software from its
890 -internet publication site by the Licensee;
891 -
892 -Derivatives means computer programs in machine readable object code or source
893 -code form developed or otherwise acquired by the Licensee which are a
894 -modification of, enhancement to, derived from or based upon the Software;
895 -
896 -Fee means the annual licence fee payable by the Licensee to the PHENIX
897 -Industry Consortium;
898 -
899 -Intellectual Property Rights means all patents, copyrights, design rights,
900 -trade marks, service marks, trade secrets, know-how, database rights and other
901 -rights in the nature of intellectual property rights (whether registered or
902 -unregistered) and all applications for the same, anywhere in the world;
903 -
904 -Parties means CUTS and the Licensee and "Party" shall mean either of them;
905 -
906 -Software means the computer program and version listed at the head of this
907 -Agreement.
908 -
909 -2. GRANT OF LICENCE
910 -
911 -2.1 In consideration of the Fee, CUTS hereby grants to the Licensee a
912 -non-exclusive, non-transferable, royalty-free licence, commencing on the
913 -Commencement Date and for the duration of payment of the Fee, to download,
914 -install and use the Software subject to the following terms and conditions:
915 -
916 -(a) the Licensee may use the Software solely for its internal use and the
917 -Licensee shall not sell, give, disclose, lend, transfer, sublicense or
918 -otherwise distribute the Software to any third party, or allow the Software to
919 -be accessed over the internet or in any other manner that would allow access
920 -to the Software by anyone other than the Licensee's employees (and consultants
921 -and contractors provided such use is solely for the Licensee's internal use
922 -and subject to the provisions of this Agreement);
923 -
924 -(b) the Licensee may create Derivatives solely for its own internal use but
925 -shall not distribute the Software or any Derivatives in whole or in part to
926 -any third party;
927 -
928 -(c) the Software may be installed and used only on computers owned or leased
929 -by the Licensee;
930 -
931 -(d) the Licensee may copy the Software solely to the extent necessary to
932 -exercise this Licence, and for backup, disaster recovery and archival
933 -purposes, provided that the Licensee shall retain on all copies of the
934 -Software the following copyright notice: © 2000-2005. Cambridge University
935 -Technical Services Limited. All rights reserved.
936 -
937 -3. INTELLECTUAL PROPERTY RIGHTS
938 -
939 -3.1 The Licensee acknowledges that all Intellectual Property Rights in the
940 -Software belong and shall belong to CUTS and the Licensee shall have no rights
941 -in or to the Software other than the right to use it in accordance with the
942 -terms of the Licence in this Agreement.
943 -
944 -3.2 Title to and ownership of any portion of the Software incorporated into
945 -Derivatives shall at all times remain with CUTS and the Licensee shall not
946 -have any title or ownership interest therein.
947 -
948 -3.3 Title to and ownership of any portion of Derivatives created by the
949 -Licensee and not owned by CUTS pursuant to Clauses 3.1 and 3.2 above shall be
950 -held by the Licensee. Nothing contained in this Licence shall be construed to
951 -limit CUTS rights to modify or to develop other derivatives of the Software
952 -which are similar to or offer the same or similar improvements as any
953 -Derivatives developed by the Licensee.
954 -
955 -3.4 Error fixes, bug fixes, technical suggestions, comments and suggested
956 -improvements to the Software and its code are welcome by the authors of the
957 -Software and CUTS, and in agreeing to provide these to the authors or to CUTS
958 -the Licensee hereby assigns the Intellectual Property Rights in error fixes,
959 -bug fixes, or technical improvements to CUTS which are communicated in any
960 -manner or medium to the authors of the Software or CUTS with a reservation of
961 -use of those improvements and suggestions by the Licensee subject to the terms
962 -and conditions of the Licence in this Agreement.
963 -
964 -4. NO MAINTENANCE OR SUPPORT
965 -
966 -4.1 CUTS is under no obligation whatsoever to:
967 -
968 -(a) provide maintenance or support for the Software; or
969 -
970 -(b) notify the Licensee of error fixes, bug fixes, patches, or upgrades to
971 -the features, functionality or performance of the Software ("Enhancements")
972 -(if any), whether developed by CUTS or third parties. If, in its sole
973 -discretion, CUTS makes an Enhancement available to the Licensee and CUTS does
974 -not separately enter into a written licence agreement with the Licensee
975 -relating to such bug fix, patch or upgrade, then it shall be deemed
976 -incorporated into the Software and subject to this Agreement.
977 -
978 -5. DISCLAIMER OF WARRANTIES
979 -
980 -5.1 CUTS warrants that the Software will conform substantially with its
981 -functional specifications. Otherwise the Software is supplied "as is" without
982 -warranty of any kind. CUTS, its licensors and its employees:
983 -
984 -(a) disclaim any warranties, express or implied, including but not limited to
985 -any implied warranties of merchantability, fitness for a particular purpose,
986 -title or non-infringement of third party rights;
987 -
988 -(b) do not assume any legal liability or responsibility for the accuracy,
989 -completeness, or usefulness of the Software;
990 -
991 -(c) do not represent that use of the Software will not infringe privately
992 -owned rights;
993 -
994 -(d) do not warrant that the Software will function uninterrupted, that it is
995 -error-free or that any errors will be corrected.
996 -
997 -6. LIMITATION OF LIABILITY
998 -
999 -6.1 In no event will CUTS or its licensors or its employees be liable to
1000 -the Licensee for any indirect, incidental, consequential, special or punitive
1001 -damages of any kind or nature, including but not limited to loss of profits or
1002 -loss of data, for any reason whatsoever, whether such liability is asserted on
1003 -the basis of contract, tort (including negligence or strict liability), or
1004 -otherwise, even if CUTS has been warned of the possibility of such loss or
1005 -damages. In no event shall CUTS' liability arising from or in connection with
1006 -this Agreement exceed a sum equivalent to the annual Fee paid by the Licensee
1007 -to the PHENIX Industry Consortium for use of the Software.
1008 -
1009 -6.2 The limitations and exclusions in this Agreement shall not apply in
1010 -respect of claims for personal injury or death caused by the negligence of
1011 -CUTS, its licensors or its employees or in respect of fraud or fraudulent
1012 -misrepresentation.
1013 -
1014 -7. INDEMNITY
1015 -
1016 -7.1 The Licensee shall indemnify CUTS, the Software authors, the Software
1017 -sponsors, and their agents, officers, and employees, against any and all
1018 -claims, suits, losses, damages, costs, fees, and expenses arising out of or in
1019 -connection with any claim or threatened claim by any third party relating to
1020 -or arising from the use of the Software by the Licensee. The Licensee shall
1021 -pay all costs incurred by CUTS in enforcing this provision.
1022 -
1023 -8. TERM AND TERMINATION
1024 -
1025 -8.1 This Agreement and the Licence granted herein shall come into effect
1026 -on the Commencement Date and will continue for the duration of payment of the
1027 -Fee unless terminated by CUTS in accordance with this Agreement. If the
1028 -Licensee breaches any term of this Agreement, and fails to cure such breach
1029 -within thirty (30) days of the date of written notice, this Agreement shall
1030 -immediately terminate. Upon such termination the Licensee shall immediately
1031 -cease using the Software, return to CUTS or destroy all copies of the
1032 -Software, and provide CUTS with written certification of the Licensee's
1033 -compliance with the foregoing. Termination shall not relieve the Licensee
1034 -from its obligations arising prior to such termination. Notwithstanding any
1035 -provision of this Agreement to the contrary, Sections 3, 5, 6, 7, 8, 9, 10,
1036 -13, 14 and 18 shall survive termination of this Agreement.
1037 -
1038 -9. CONFIDENTIALITY
1039 -
1040 -9.1 The Licensee agrees and undertakes that during the term of the Licence in
1041 -this Agreement and thereafter it will keep confidential all, and will not use
1042 -for its own purposes nor without the prior written consent of CUTS disclose to
1043 -any third party any information of a confidential nature (including trade
1044 -secrets and information of commercial value) which may become known to the
1045 -Licensee and which relates to CUTS unless such information is public knowledge
1046 -or already known to the Licensee at the time of disclosure or subsequently
1047 -becomes public knowledge other by breach of the Licence in this Agreement or
1048 -subsequently comes lawfully into the possession of the Licensee from a third
1049 -party.
1050 -
1051 -10. NO SUBLICENSING AND NO ASSIGNMENT
1052 -
1053 -10.1 The Licensee shall have no right to sub-license or to assign,
1054 -transfer, charge or deal in any other manner the benefit or burden of the
1055 -Licence in this Agreement in whole or in part or to allow the Software to
1056 -become the subject of any charge, lien or encumbrance without the prior
1057 -written consent of CUTS such consent may be withheld without giving any
1058 -reasons.
1059 -
1060 -11. WAIVER
1061 -
1062 -11.1 No forbearance or delay by either party in enforcing its rights will
1063 -prejudice or restrict the rights of that party, and no waiver of any such
1064 -rights or of any breach of any contractual terms will be deemed to be a waiver
1065 -of any other right or of any later breach.
1066 -
1067 -12. SEVERABILITY
1068 -
1069 -12.1 If any provision of the Licence in this Agreement is judged to be
1070 -illegal or unenforceable, the continuation in full force and effect of the
1071 -remainder of the provisions will not be prejudiced.
1072 -
1073 -13. NO AGENCY OR PARTNERSHIP
1074 -
1075 -13.1 Nothing contained or implied in this Agreement constitutes a Party the
1076 -partner, agent, or legal representative of another party or of the other Party
1077 -for any purpose or creates any partnership, agency or trust, and no Party has
1078 -any authority to bind the other Party in any way.
1079 -
1080 -14. THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
1081 -
1082 -14.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to
1083 -this Agreement and nothing in this Agreement shall confer or purport to confer
1084 -on or operate to give any third Party any benefit or any right to enforce any
1085 -term of this Agreement except as expressly provided in this Agreement.
1086 -
1087 -15. NOTICES
1088 -
1089 -15.1 Any notice to be given under this Agreement shall be in writing and
1090 -delivered by hand, prepaid registered post or facsimile to a Party at the
1091 -address set out at the head of this Agreement or to such other address or fax
1092 -number as any Party may specify in writing to another. Notices are deemed to
1093 -have been given:
1094 -
1095 -(a) if delivered by hand, at the time of delivery unless delivered after 5pm
1096 -in the place of receipt or on a non-business day, in which case the notice is
1097 -deemed to have been given at 9am the next business day;
1098 -
1099 -(b) if sent by registered post from within the United Kingdom, three
1100 -business days after posting (or seven business days if posted from outside the
1101 -United Kingdom); and
1102 -
1103 -(c) if sent by facsimile, at the time the facsimile is received shown in
1104 -the transmission report as the time that the whole facsimile was sent unless
1105 -received after 5pm in the place of receipt or on a non-business day, in which
1106 -case the notice is deemed to have been given at 9am the next business day.
1107 -Any notice served by facsimile transmission shall be confirmed by post.
1108 -
1109 -16. ENTIRE AGREEMENT
1110 -
1111 -16.1 This Agreement constitutes the entire agreement and understanding of
1112 -the Parties and supersedes all negotiations, understandings or previous
1113 -agreement between the Parties relating to the subject matter of this
1114 -Agreement.
1115 -
1116 -17. GOVERNING LAW
1117 -
1118 -17.1 This Agreement and any documents to be entered into pursuant to it
1119 -shall be governed by and construed in accordance with English law and each
1120 -Party irrevocably submits to the exclusive jurisdiction of the courts of
1121 -England over any claim or matter arising under or in connection with this
1122 -Agreement and the documents entered into pursuant to it.
1123 -
1124 -18. EXPORT CONTROL REGULATIONS
1125 -
1126 -18.1 'Export Control Regulations' means any United Nations trade sanctions
1127 -or EU or UK legislation or regulation, from time to time in force, which
1128 -impose arms embargoes or control of export of goods, technology or software.
1129 -
1130 -18.2 The Licensee shall ensure that, in using the Software it shall not and
1131 -nor shall its employees or consultants or contractors breach or compromise
1132 -directly of indirectly compliance with any Export Control Regulations.
1133 -
1134 -
1135 -
1136 -If you have any questions or feedback concerning the Software, contact
1137 -University of Cambridge, Department of Haematology, Cambridge Institute for
1138 -Medical Research, Wellcome Trust/MRC Building, Cambridge CB2 0XY UK.
1139 -Attn: Professor Randy Read, or via email at cimr-phaser@××××××××××××.uk
1140 -
1141
1142 diff --git a/licenses/solve b/licenses/solve
1143 deleted file mode 100644
1144 index 1dc2c27..0000000
1145 --- a/licenses/solve
1146 +++ /dev/null
1147 @@ -1,18 +0,0 @@
1148 -
1149 -SOLVE/RESOLVE Licensing Information
1150 -U.S. Universities, non-profits, other non-governmental institutions
1151 -
1152 -A one-time $500 license fee is good for versions 2.00 to 2.99 for all machines at your institution. You can get a free 45-day trial license, too.
1153 -U.S. Government institutions
1154 -
1155 -For U.S. government institutions, the SOLVE/RESOLVE license is free of charge. One license is good for versions 2.00 to 2.99 for all machines at your institution.
1156 -U.S. Commercial institutions
1157 -
1158 -Contact the Los Alamos Technology Transfer Division for commercial licenses. You can get a free 45-day trial license if you wish.
1159 -Non-U.S. Non-commercial institutions
1160 -
1161 -A one-time $600 license and export fee is good for versions 2.00 to 2.99 for all machines at your institution.
1162 -Non-U.S. Commercial institutions
1163 -
1164 -Contact the Los Alamos Technology Transfer Division for non-U.S. commercial licenses.
1165 -