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diff --git a/licenses/ccp4 b/licenses/ccp4 deleted file mode 100644 index 09c73a68e935..000000000000 --- a/licenses/ccp4 +++ /dev/null @@ -1,371 +0,0 @@ -CCP4 PROGRAM SUITE -LICENCE AGREEMENT -(Academic Use) -THIS LICENCE AGREEMENT is made BETWEEN: -1. THE COUNCIL FOR THE CENTRAL LABORATORY OF THE RESEARCH -COUNCILS, an executive Non-Departmental Public Body established as a Research -Council by Royal Charter under the Science and Technology Act 1965 (“CCLRC”); -and -2. [INSERT NAME OF ACADEMIC/RESEARCH INSTITUTION] whose administrative -offices are at [insert address] ("the Licensee"). -BACKGROUND -CCLRC has assembled the CCP4 suite of software applications and libraries with -support -from the Biotechnology and Biological Sciences Research Council, as part of the -Collaborative Computational Project Number 4. -The CCP4 Software Suite comprises: -a) applications and libraries distributed in source code, that the Licensee may -use -free of charge for Academic Purposes, subject to the terms of clauses 2.1-2.4 of -this Agreement; -b) applications and libraries distributed in source code, that the Licensee may -use, -free of charge, subject to the terms of the LGPL or the GPL; and -c) third party software that is included in the CCP4 suite of programs and that -is -licensed by a third party on that third party's terms and conditions. -1. DEFINITIONS AND INTERPRETATION -1.1 In this Agreement the following expressions have the meaning set opposite: -Academic Purposes: fundamental or basic research or academic teaching, -including any fundamental research that is funded by any -public or charitable body, but not any purpose that -generates revenue (as opposed to grant income) for the -Licensee or any third party. Any research that is wholly or -partially sponsored by any profit making organisation or -that is carried out for the benefit of any profit-making -organisation is not an Academic Purpose; -an Application: a software program designed to provide a specific function -for the user; -the CCP4 Software: the Libraries and Applications distributed by CCLRC from -time to time as part of the CCP4 Software Suite, except -the GNU Software and the Third Party Software; -the CCP4 Website: the website with the URL www.ccp4.ac.uk; -the Current Release: Version 5.0 of the Software, and all later versions that -CCLRC decides may be used under this Agreement; -a Derived Work: any modification of, or enhancement or improvement to, -any of the Software and any software or other work -developed or derived from, or based on, any of the -Software, or that incorporates any of the Software; -the LGPL: the GNU Lesser General Public Licence, a copy of which -appears in Appendix A to this Agreement; -the GPL: the GNU General Public Licence, a copy of which appears -in Appendix B to this Agreement; -the GNU Software: the open source Libraries and Applications that are listed -on the CCP4 Website from time to time as being subject -to, respectively, the terms of the LGPL or the GPL; -a Harmful Element: any virus, worm, time bomb, time lock, drop dead device, -trap and access code or anything else that might disrupt, -disable, harm or impede the operation of any information -system, or that might corrupt, damage, destroy or render -inaccessible any software, data or file on, or that may -allow any unauthorised person to gain access to, any -information system or any software, data or file on it; -Intellectual Property: patents, trade marks, service marks, registered designs, -copyrights, database rights, design rights, know-how, -confidential information, applications for any of the above, -and any similar right recognised from time to time in any -jurisdiction, together with all rights of action in relation to -the infringement of any of the above; -a Library: a collection of reusable programming routines, software -functions or data that may be linked to, or used with, an -Application; -the Licence Period: the period beginning when the Licensee posts or faxes the -completed and signed copy of this Agreement to CCLRC -2 -in accordance with clause 5.1, and ending on the -termination of this Agreement under clause 5.2; -the Software: the suite of programs known as CCP4, comprising the -GNU Software, the CCP4 Software and the Third Party -Software; and -the Third Party Software Procheck, FFTw, libjpeg, CBF, Astexviewer, Rasmol and -Phaser. -2. LICENCE -The CCP4 Software -2.1 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free -licence to use, -copy, modify, and enhance and distribute the CCP4 Libraries during the Licence -Period -on the terms and conditions of this Agreement provided that: -2.1.1 the Licensee may distribute, or supply any CCP4 Library or any Derived -Work -based on that Library, and may allow any third party to use any CCP4 Library or -any -Derived Work based on that Library, solely on condition that the recipient of -that -CCP4 Library or that Derived Work will comply with clause 2.1.2 below as though -it -were named instead of the Licensee in that clause; and -2.1.2 the Licensee will notify CCLRC of any Derived Work made by or for the -Licensee, or -by any of its employees or students, based on any CCP4 Library, and will provide -CCLRC with a copy of that Derived Work (in source code) within one year after it -was made. The Licensee grants CCLRC an irrevocable, indefinite licence to make -that Derived Work available to any third party on such terms and conditions as -CCLRC may from time to time decide. This clause does not apply to any -executable program based on or combined with a Library, or to any Derived Work -that the Licensee distributes under the LGPL or the GPL. -2.2 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free -licence to use -and copy the CCP4 Applications during the Licence Period on the terms and -conditions of -this Agreement provided that: -2.2.1 the Licensee may not distribute any CCP4 Application or any Derived Work -based -on any CCP4 Application to any third party, or share their use with any third -party -(whether free of charge or otherwise); and -2.2.2 the Licensee may not copy any CCP4 Application except for the purposes of -making -a reasonable number of back-up copies, nor may the Licensee modify any CCP4 -Application or create any Derived Work based on any CCP4 Application except for -the purpose of error correction. The Licensee will provide CCLRC with a copy of -any -3 -correction made by the Licensee (in source code) within one year after it was -made. -The licensee grants CCLRC an irrevocable, indefinite licence to make that -correction available to any third party on such terms and conditions as CCLRC -may -from time to time decide. -2.3 The CCP4 Software and any Derived Work based on any part of the CCP4 -Software may -be used by the Licensee and its employees and registered students for Academic -Purposes only. -2.4 The licences granted in this clause 2 relate only to the Current Release. -The Licensee -must acquire a new licence for any future version of the Software that CCLRC -decides -requires a new or further licence. -The GNU Software -2.5 The GNU Software is supplied to the Licensee on the terms and conditions of -the LGPL -or the GPL as indicated on the CCP4 Website from time to time. By entering into -this -Agreement the Licensee agrees to comply with the terms of the LGPL or the GPL -as so -indicated. -The Third Party Software -2.6 The Third Party Software is supplied to the Licensee on the terms and -conditions imposed -by the third party owner or licensor. By entering into this Agreement the -Licensee agrees -to comply with those terms and conditions. -The Software -2.7 The Licensee will not tamper with or remove any copyright or other -proprietary notice or -any disclaimer that appears on or in any part of the Software, and will -reproduce the -same in all copies of any of the Software and in all Derived Works. -3. WARRANTIES AND LIABILITY -3.1 The Software is provided for Academic Purposes free of charge. Therefore -CCLRC and -its licensors give no warranty and make no representation in relation to the -Software or -any assistance or advice that CCLRC may give in connection with the Software. -The -Licensee, its employees and students and anyone to whom the Licensee makes the -Software or any Derived Work available, use them at their own risk. The Licensee -will indemnify CCLRC against any claim made by any third party to whom the -Licensee -has made the Software or any Derived Work available. -3.2 Before using any of the software, the Licensee will check that the Software -does not -contain any Harmful Element. Neither CCLRC nor its licensors warrants that the -Software -will run without interruption or be error free, or free from any Harmful -Element. CCLRC is -not obliged to provide any support or error correction service, assistance or -advice in -4 -relation to the Software. If it does provide that sort of service, assistance -or advice, -subject to clause 3.7, CCLRC will not be liable for any loss or damage suffered -by the -Licensee as a result. -3.3 Neither CCLRC nor any of its licensors will be liable to the Licensee to -the extent that any -loss or damage is caused by the Licensee's failure to implement, or the -Licensee's delay -in implementing, any upgrade, update, new release, revision, version or -modification of, or -advice in relation to, the Software that would have remedied or mitigated the -effects of -any error, defect, bug or deficiency. -3.4 The Licensee acknowledges that proper use of the Software and any Derived -Work is -dependent on the Licensee, its employees and students exercising proper skill -and care -in inputting data and interpreting the output provided by the Software or that -Derived -Work. CCLRC and its licensors will not be liable for the consequences of -decisions taken -by the Licensee or any other person on the basis of that output. CCLRC does not -accept -any responsibility for any use which may be made by the Licensee of that -output, nor for -any reliance which may be placed on that output, nor for advice or information -given in -connection with that output. -3.5 Subject to clause 3.7, CCLRC's liability for any breach of this Agreement, -any negligence -or arising in any other way out of the subject matter of this Agreement, will -not extend to -any incidental or consequential damages or losses, or any loss of profits, loss -of revenue, -loss of data, loss of contracts or opportunity, whether direct or indirect, -even if the -Licensee has advised CCLRC of the possibility of those losses arising or if -they were or -are within CCLRC's contemplation. CCLRC’s licensors will not be liable to the -Licensee -for any loss or damage, however caused (including by negligence) and whether -direct or -indirect. -3.6 Subject to clause 3.7, the aggregate liability of CCLRC for any breach of -this Agreement, -any negligence or arising in any other way out of the subject matter of this -Agreement will -not exceed £50,000. -3.7 Nothing in this Agreement (including without limitation the LGPL or the -GPL, as -applicable) limits or excludes CCLRC's liability for death or personal injury -caused by its -negligence or for any fraud, or for any sort of liability that, by law, cannot -be limited or -excluded. -3.8 In addition to the terms and conditions of the LGPL or the GPL (as -applicable), and the -terms that apply to any Third Party Software, the terms of this clause 3 apply -as -between CCLRC and the Licensee, and the validity of any part of this clause 3 -will not -be affected by any part of the LGPL or the GPL or the terms that apply to any -Third -Party Software being held to be invalid by any court. -5 -3.9 The express undertakings and given by CCLRC in this Agreement and the terms -of this -Agreement are in lieu of all warranties, conditions, terms, undertakings and -obligations -on the part of CCLRC, whether express or implied by statute, common law, custom, -trade usage, course of dealing or in any other way. All of these are excluded -to the -fullest extent permitted by law. -4. INTELLECTUAL PROPERTY RIGHTS AND ACKNOWLEDGEMENTS -4.1 Nothing in this Agreement assigns or transfers any Intellectual Property -Rights in any of -the Software. Those rights are reserved to CCLRC or its licensors. -4.2 The Licensee will ensure that, if any of its employees or students publish -any article or -other material resulting from, or relating to, a project or work undertaken -with the -assistance of any part of the Software, that publication will contain a proper -acknowledgement or citation as indicated from time to time on the CCP4 Website. -5. TERMINATION -5.1 This Agreement will take effect and the Licence Period will start when a -completed copy -of this Agreement, signed on behalf of the Licensee, has been posted to the -Secretary to -CCP4, at CCLRC, Daresbury Laboratory, Warrington WA 4 4AD, or faxed to :+44 1925 -603825 (or to any other address or fax number given for this purpose on the CCP4 -website at the time the Licensee downloads this form of Licence Agreement from -that -website). -5.2 This Agreement will terminate immediately and automatically if: -5.2.1 the Licensee is in breach of this Agreement; or -5.2.2 the Licensee becomes insolvent, or if an order is made or a resolution is -passed for -its winding up (except voluntarily for the purpose of solvent amalgamation or -reconstruction), or if an administrator, administrative receiver or receiver is -appointed over the whole or any part of its assets, or if it makes any -arrangement -with its creditors. -5.3 The Licensee's right to use the Software will cease immediately on the -termination of this -Agreement, and the Licensee will destroy all copies of the Software that it or -any of its -employees or students holds. -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 -survive the expiry of -the Licence Period and the termination of this Agreement, and will continue -indefinitely. -5.5 CCLRC may withdraw any of the Software from the CCP4 Suite at any time. If -any third -party owner of the Intellectual Property in any of the Software withdraws -CCLRC’s right -to distribute that software, the Licensee’s rights under this Agreement in -relation to that -6 -software will immediately terminate, and the Licensee will cease using that -part of the -Software -6. GENERAL -6.1 Headings: The headings in this Agreement are for ease of reference only; -they do not -affect its construction or interpretation. -6.2 Assignment etc: The Licensee may not assign or transfer this Agreement as a -whole, or -any of its rights or obligations under it, without first obtaining the written -consent of -CCLRC. -6.3 Illegal/unenforceable provisions: If the whole or any part of any provision -of this -Agreement is void or unenforceable in any jurisdiction, the other provisions of -this -Agreement, and the rest of the void or unenforceable provision, will continue -in force in -that jurisdiction, and the validity and enforceability of that provision in any -other -jurisdiction will not be affected. -6.4 Waiver of rights: If CCLRC fails to enforce, or delays in enforcing, an -obligation of the -Licensee, or fails to exercise, or delays in exercising, a right under this -Agreement, that -failure or delay will not affect its right to enforce that obligation or -constitute a waiver of -that right. Any waiver by CCLRC of any provision of this Agreement will not, -unless -expressly stated to the contrary, constitute a waiver of that provision on a -future occasion. -6.5 Entire agreement: This Agreement constitutes the entire agreement between -the parties -relating to its subject matter. The Licensee acknowledges that it has not -entered into this -Agreement on the basis of any warranty, representation, statement, agreement or -undertaking except those expressly set out in this Agreement. The Licensee -waives any -claim for breach of, or any right to rescind this Agreement in respect of, any -representation which is not an express provision of this Agreement. However, -this clause -does not exclude any liability which CCLRC may have to the Licensee (or any -right which -the Licensee may have to rescind this Agreement) in respect of any fraudulent -misrepresentation or fraudulent concealment before the signing of this -Agreement. -6.6 Amendments: No variation of, or amendment to, this Agreement will be -effective unless -it is made in writing and signed by each party's representative. -6.7 Third parties: No one except a party to this Agreement has any right to -prevent the -amendment of this Agreement or its termination, and no one except a party to -this -Agreement may enforce any benefit conferred by this Agreement, unless this -Agreement -expressly provides otherwise. -6.8 Governing law: This Agreement is governed by, and is to be construed in -accordance -with, English law. The English Courts will have exclusive jurisdiction to deal -with any -7 -dispute which has arisen or may arise out of or in connection with this -Agreement, except -that CCLRC may bring proceedings against the Licensee or for an injunction in -any -jurisdiction. [If the Licensee's usual place of business or registered office -is not in -England, the Licensee’s address for service in England is ____]. -SIGNED for and on behalf of the Licensee: -Name: -Position: -Signature: -Date: |