commit: 3e103d61fbead2f6cfc07fed707633100c60a0fc
Author: Andrew Ammerlaan <andrewammerlaan <AT> gentoo <DOT> org>
AuthorDate: Tue May 2 12:36:00 2023 +0000
Commit: Andrew Ammerlaan <andrewammerlaan <AT> gentoo <DOT> org>
CommitDate: Tue May 2 12:36:00 2023 +0000
URL: https://gitweb.gentoo.org/proj/sci.git/commit/?id=3e103d61
licenses: cleanup old licenses
Signed-off-by: Andrew Ammerlaan <andrewammerlaan <AT> gentoo.org>
licenses/CeCILL-1.1 | 513 ----------------------------------------------------
licenses/PGI | 262 ---------------------------
licenses/ligplot+ | 138 --------------
licenses/polyphen | 7 -
licenses/signalp | 218 ----------------------
licenses/tmhmm | 217 ----------------------
6 files changed, 1355 deletions(-)
diff --git a/licenses/CeCILL-1.1 b/licenses/CeCILL-1.1
deleted file mode 100644
index b4efe1181..000000000
--- a/licenses/CeCILL-1.1
+++ /dev/null
@@ -1,513 +0,0 @@
- FREE SOFTWARE LICENSING AGREEMENT CeCILL
- ========================================
-
-
-Notice
-------
-
-
-This Agreement is a free software license that is the result of discussions
-between its authors in order to ensure compliance with the two main
-principles guiding its drafting:
- - firstly, its conformity with French law, both as regards the law of
- torts and intellectual property law, and the protection that it offers
- to authors and the holders of economic rights over software.
- - secondly, compliance with the principles for the distribution of free
- software: access to source codes, extended user-rights.
-
-The following bodies are the authors of this license CeCILL (Ce : CEA, C :
-CNRS, I : INRIA, LL : Logiciel Libre):
-
-Commissariat � l'Energie Atomique - CEA, a public scientific, technical and
-industrial establishment, having its principal place of business at 31-33
-rue de la F�d�ration, 75752 PARIS cedex 15, France.
-
-Centre National de la Recherche Scientifique - CNRS, a public scientific
-and technological establishment, having its principal place of business at
-3 rue Michel-Ange 75794 Paris cedex 16, France.
-
-Institut National de Recherche en Informatique et en Automatique - INRIA, a
-public scientific and technological establishment, having its principal
-place of business at Domaine de Voluceau, Rocquencourt, BP 105, 78153 Le
-Chesnay cedex.
-
-
-PREAMBLE
---------
-
-
-The purpose of this Free Software Licensing Agreement is to grant users the
-right to modify and redistribute the software governed by this license
-within the framework of an "open source" distribution model.
-
-The exercising of these rights is conditional upon certain obligations for
-users so as to ensure that this status is retained for subsequent
-redistribution operations.
-
-As a counterpart to the access to the source code and rights to copy, modify
-and redistribute granted by the license, users are provided only with a
-limited warranty and the software's author, the holder of the economic
-rights, and the successive licensors only have limited liability.
-
-In this respect, it is brought to the user's attention that the risks
-associated with loading, using, modifying and/or developing or reproducing
-the software by the user given its nature of Free Software, that may
-mean that it is complicated to manipulate, and that also therefore means
-that it is reserved for developers and experienced professionals having
-in-depth computer knowledge. Users are therefore encouraged to load and test
-the Software's suitability as regards their requirements in conditions
-enabling the security of their systems and/or data to be ensured and, more
-generally, to use and operate it in the same conditions of security.
-This Agreement may be freely reproduced and published, provided it is
-not altered, and that no Articles are either added or removed herefrom.
-
-This Agreement may apply to any or all software for which the holder of the
-economic rights decides to submit the operation thereof to its provisions.
-
-
-Article 1 - DEFINITIONS
-------------------------
-
-
-For the purposes of this Agreement, when the following expressions commence
-with a capital letter, they shall have the following meaning:
-
-Agreement: means this Licensing Agreement, and any or all of its subsequent
-versions.
-
-Software: means the software in its Object Code and/or Source Code form
-and, where applicable, its documentation, "as is" at the time when the
-Licensee accepts the Agreement.
-
-Initial Software: means the Software in its Source Code and/or Object Code
-form and, where applicable, its documentation, "as is" at the time when it
-is distributed for the first time under the terms and conditions of the
-Agreement.
-
-Modified Software: means the Software modified by at least one
-Contribution.
-
-Source Code: means all the Software's instructions and program lines to
-which access is required so as to modify the Software.
-
-Object Code: means the binary files originating from the compilation of the
-Source Code.
-
-Holder: means the holder of the economic rights over the Initial
-Software.
-
-Licensee(s): mean(s) the Software user(s) having accepted the Agreement.
-
-Contributor: means a Licensee having made at least one Contribution.
-
-Licensor: means the Holder, or any or all other individual or legal entity,
-that distributes the Software under the Agreement.
-
-Contributions: mean any or all modifications, corrections, translations,
-adaptations and/or new functionalities integrated into the Software by any
-or all Contributor, and the Static Modules.
-
-Module: means a set of sources files including their documentation that,
-once compiled in executable form, enables supplementary functionalities or
-services to be developed in addition to those offered by the Software.
-
-Dynamic Module: means any or all module, created by the Contributor, that
-is independent of the Software, so that this module and the Software are in
-two different executable forms that are run in separate address spaces,
-with one calling the other when they are run.
-
-Static Module: means any or all module, created by the Contributor and
-connected to the Software by a static link that makes their object codes
-interdependent. This module and the Software to which it is connected, are
-combined in a single executable.
-
-Parties: mean both the Licensee and the Licensor.
-
-These expressions may be used both in singular and plural form.
-
-
-Article 2 - PURPOSE
--------------------
-
-
-The purpose of the Agreement is to enable the Licensor to grant the
-Licensee a free, non-exclusive, transferable and worldwide License for the
-Software as set forth in Article 5 hereinafter for the whole term of
-protection of the rights over said Software.
-
-
-Article 3 - ACCEPTANCE
-----------------------
-
-
-3.1. The Licensee shall be deemed as having accepted the terms and
-conditions of this Agreement by the occurrence of the first of the
-following events:
-- (i) loading the Software by any or all means, notably, by downloading
- from a remote server, or by loading from a physical medium;
-- (ii) the first time the Licensee exercises any of the rights granted
- hereunder.
-
-3.2. One copy of the Agreement, containing a notice relating to the
-specific nature of the Software, to the limited warranty, and to the
-limitation to use by experienced users has been provided to the Licensee
-prior to its acceptance as set forth in Article 3.1 hereinabove, and the
-Licensee hereby acknowledges that it is aware thereof.
-
-
-Article 4 - EFFECTIVE DATE AND TERM
------------------------------------
-
-
-4.1. EFFECTIVE DATE
-
-The Agreement shall become effective on the date when it is accepted by the
-Licensee as set forth in Article 3.1.
-
-4.2. TERM
-
-The Agreement shall remain in force during the whole legal term of
-protection of the economic rights over the Software.
-
-
-Article 5 - SCOPE OF THE RIGHTS GRANTED
----------------------------------------
-
-
-The Licensor hereby grants to the Licensee, that accepts such, the
-following rights as regards the Software for any or all use, and for the
-term of the Agreement, on the basis of the terms and conditions set forth
-hereinafter.
-
-Otherwise, the Licensor grants to the Licensee free of charge exploitation
-rights on the patents he holds on whole or part of the inventions
-implemented in the Software.
-
-5.1. RIGHTS OF USE
-
-The Licensee is authorized to use the Software, unrestrictedly, as regards
-the fields of application, with it being hereinafter specified that this
-relates to:
-- permanent or temporary reproduction of all or part of the Software by
- any or all means and in any or all form.
-- loading, displaying, running, or storing the Software on any or all
- medium.
-- entitlement to observe, study or test the operation thereof so as to
- establish the ideas and principles that form the basis for any or all
- constituent elements of said Software. This shall apply when the
- Licensee carries out any or all loading, displaying, running,
- transmission or storage operation as regards the Software, that it is
- entitled to carry out hereunder.
-
-5.2. entitlement to make CONTRIBUTIONS
-
-The right to make Contributions includes the right to translate, adapt,
-arrange, or make any or all modification to the Software, and the right to
-reproduce the resulting Software.
-
-The Licensee is authorized to make any or all Contribution to the Software
-provided that it explicitly mentions its name as the author of said
-Contribution and the date of the development thereof.
-
-5.3. DISTRIBUTION AND PUBLICATION RIGHTS
-
-In particular, the right of distribution and publication includes the right
-to transmit and communicate the Software to the general public on any or
-all medium, and by any or all means, and the right to market, either in
-consideration of a fee, or free of charge, a copy or copies of the Software
-by means of any or all process.
-The Licensee is further authorized to redistribute copies of the modified
-or unmodified Software to third parties according to the terms and
-conditions set forth hereinafter.
-
-5.3.1. REDISTRIBUTION OF SOFTWARE WITHOUT MODIFICATION
-
-The Licensee is authorized to redistribute true copies of the Software in
-Source Code or Object Code form, provided that said redistribution complies
-with all the provisions of the Agreement and is accompanied by:
-- a copy of the Agreement,
-- a notice relating to the limitation of both the Licensor's warranty
- and liability as set forth in Articles 8 and 9,
-and that, in the event that only the Software's Object Code is
-redistributed, the Licensee allows future Licensees unhindered access to
-the Software's full Source Code by providing them with the terms and
-conditions for access thereto, it being understood that the additional cost
-of acquiring the Source Code shall not exceed the cost of transferring the
-data.
-
-5.3.2. REDISTRIBUTION OF MODIFIED SOFTWARE
-
-When the Licensee makes a Contribution to the Software, the terms and
-conditions for the redistribution of the Modified Software shall then be
-subject to all the provisions hereof.
-
-The Licensee is authorized to redistribute the Modified Software, in Source
-Code or Object Code form, provided that said redistribution complies with
-all the provisions of the Agreement and is accompanied by:
-- a copy of the Agreement,
-- a notice relating to the limitation of both the Licensor's warranty
- and liability as set forth in Articles 8 and 9,
-and that, in the event that only the Modified Software's Object Code is
-redistributed, the Licensee allows future Licensees unhindered access to
-the Modified Software's full Source Code by providing them with the terms
-and conditions for access thereto, it being understood that the additional
-cost of acquiring the Source Code shall not exceed the cost of transferring
-the data.
-
-
-5.3.3. redistribution OF DYNAMIC MODULES
-
-When the Licensee has developed a Dynamic Module, the terms and conditions
-hereof do not apply to said Dynamic Module, that may be distributed under
-a separate Licensing Agreement.
-
-5.3.4. COMPATIBILITY WITH THE GPL LICENSE
-
-In the event that the Modified or unmodified Software is included in a code
-that is subject to the provisions of the GPL License, the Licensee is
-authorized to redistribute the whole under the GPL License.
-
-In the event that the Modified Software includes a code that is subject to
-the provisions of the GPL License, the Licensee is authorized to
-redistribute the Modified Software under the GPL License.
-
-
-Article 6 - INTELLECTUAL PROPERTY
-----------------------------------
-
-
-6.1. OVER THE INITIAL SOFTWARE
-
-The Holder owns the economic rights over the Initial Software. Any or all
-use of the Initial Software is subject to compliance with the terms and
-conditions under which the Holder has elected to distribute its work and no
-one shall be entitled to and it shall have sole entitlement to modify the
-terms and conditions for the distribution of said Initial Software.
-
-The Holder undertakes to maintain the distribution of the Initial Software
-under the conditions of the Agreement, for the duration set forth in
-article 4.2..
-
-6.2. OVER THE CONTRIBUTIONS
-
-The intellectual property rights over the Contributions belong to the
-holder of the economic rights as designated by effective legislation.
-
-6.3. OVER THE DYNAMIC MODULES
-
-The Licensee having developed a Dynamic Module is the holder of the
-intellectual property rights over said Dynamic Module and is free to choose
-the agreement that shall govern its distribution.
-
-6.4. JOINT PROVISIONS
-
-6.4.1. The Licensee expressly undertakes:
-- not to remove, or modify, in any or all manner, the intellectual
- property notices affixed to the Software;
-- to reproduce said notices, in an identical manner, in the copies of
- the Software.
-
-6.4.2. The Licensee undertakes not to directly or indirectly infringe the
-intellectual property rights of the Holder and/or Contributors and to take,
-where applicable, vis-�-vis its staff, any or all measures required to
-ensure respect for said intellectual property rights of the Holder and/or
-Contributors.
-
-
-Article 7 - RELATED SERVICES
------------------------------
-
-
-7.1. Under no circumstances shall the Agreement oblige the Licensor to
-provide technical assistance or maintenance services for the Software.
-
-However, the Licensor is entitled to offer this type of service. The
-terms and conditions of such technical assistance, and/or such
-maintenance, shall then be set forth in a separate instrument. Only the
-Licensor offering said maintenance and/or technical assistance services
-shall incur liability therefor.
-
-7.2. Similarly, any or all Licensor shall be entitled to offer to its
-Licensees, under its own responsibility, a warranty, that shall only be
-binding upon itself, for the redistribution of the Software and/or the
-Modified Software, under terms and conditions that it shall decide upon
-itself. Said warranty, and the financial terms and conditions of its
-application, shall be subject to a separate instrument executed between the
-Licensor and the Licensee.
-
-
-Article 8 - LIABILITY
-----------------------
-
-
-8.1. Subject to the provisions of Article 8.2, should the Licensor fail to
-fulfill all or part of its obligations hereunder, the Licensee shall be
-entitled to claim compensation for the direct loss suffered as a result of
-a fault on the part of the Licensor, subject to providing evidence of it.
-
-8.2. The Licensor's liability is limited to the commitments made under this
-Licensing Agreement and shall not be incurred as a result , in particular:
-(i) of loss due the Licensee's total or partial failure to fulfill its
-obligations, (ii) direct or consequential loss due to the Software's use or
-performance that is suffered by the Licensee, when the latter is a
-professional using said Software for professional purposes and (iii)
-consequential loss due to the Software's use or performance. The Parties
-expressly agree that any or all pecuniary or business loss (i.e. loss of
-data, loss of profits, operating loss, loss of customers or orders,
-opportunity cost, any disturbance to business activities) or any or all
-legal proceedings instituted against the Licensee by a third party, shall
-constitute consequential loss and shall not provide entitlement to any or
-all compensation from the Licensor.
-
-
-Article 9 - WARRANTY
----------------------
-
-
-9.1. The Licensee acknowledges that the current situation as regards
-scientific and technical know-how at the time when the Software was
-distributed did not enable all possible uses to be tested and verified, nor
-for the presence of any or all faults to be detected. In this respect, the
-Licensee's attention has been drawn to the risks associated with loading,
-using, modifying and/or developing and reproducing the Software that are
-reserved for experienced users.
-
-The Licensee shall be responsible for verifying, by any or all means, the
-product's suitability for its requirements, its due and proper functioning,
-and for ensuring that it shall not cause damage to either persons or
-property.
-
-9.2. The Licensor hereby represents, in good faith, that it is entitled to
-grant all the rights on the Software (including in particular the rights
-set forth in Article 5 hereof over the Software).
-
-9.3. The Licensee acknowledges that the Software is supplied "as is" by the
-Licensor without any or all other express or tacit warranty, other than
-that provided for in Article 9.2 and, in particular, without any or all
-warranty as to its market value, its secured, innovative or relevant
-nature.
-
-Specifically, the Licensor does not warrant that the Software is free from
-any or all error, that it shall operate continuously, that it shall be
-compatible with the Licensee's own equipment and its software
-configuration, nor that it shall meet the Licensee's requirements.
-
-9.4. The Licensor does not either expressly or tacitly warrant that the
-Software does not infringe any or all third party intellectual right
-relating to a patent, software or to any or all other property right.
-Moreover, the Licensor shall not hold the Licensee harmless against any or
-all proceedings for infringement that may be instituted in respect of the
-use, modification and redistribution of the Software. Nevertheless, should
-such proceedings be instituted against the Licensee, the Licensor shall
-provide it with technical and legal assistance for its defense. Such
-technical and legal assistance shall be decided upon on a case-by-case
-basis between the relevant Licensor and the Licensee pursuant to a
-memorandum of understanding. The Licensor disclaims any or all liability as
-regards the Licensee's use of the Software's name. No warranty shall be
-provided as regards the existence of prior rights over the name of the
-Software and as regards the existence of a trademark.
-
-
-Article 10 - TERMINATION
--------------------------
-
-
-10.1. In the event of a breach by the Licensee of its obligations
-hereunder, the Licensor may automatically terminate this Agreement thirty
-(30) days after notice has been sent to the Licensee and has remained
-ineffective.
-
-10.2. The Licensee whose Agreement is terminated shall no longer be
-authorized to use, modify or distribute the Software. However, any or all
-licenses that it may have granted prior to termination of the Agreement
-shall remain valid subject to their having been granted in compliance with
-the terms and conditions hereof.
-
-
-Article 11 - MISCELLANEOUS PROVISIONS
---------------------------------------
-
-
-11.1. EXCUSABLE EVENTS
-
-Neither Party shall be liable for any or all delay, or failure to perform
-the Agreement, that may be attributable to an event of force majeure, an
-act of God or an outside cause, such as, notably, defective functioning, or
-interruptions affecting the electricity or telecommunications networks,
-blocking of the network following a virus attack, the intervention of the
-government authorities, natural disasters, water damage, earthquakes, fire,
-explosions, strikes and labor unrest, war, etc.
-
-11.2. The fact that either Party may fail, on one or several occasions, to
-invoke one or several of the provisions hereof, shall under no
-circumstances be interpreted as being a waiver by the interested Party of
-its entitlement to invoke said provision(s) subsequently.
-
-11.3. The Agreement cancels and replaces any or all previous agreement,
-whether written or oral, between the Parties and having the same purpose,
-and constitutes the entirety of the agreement between said Parties
-concerning said purpose. No supplement or modification to the terms and
-conditions hereof shall be effective as regards the Parties unless it is
-made in writing and signed by their duly authorized representatives.
-
-11.4. In the event that one or several of the provisions hereof were to
-conflict with a current or future applicable act or legislative text, said
-act or legislative text shall take precedence, and the Parties shall make
-the necessary amendments so as to be in compliance with said act or
-legislative text. All the other provisions shall remain effective.
-Similarly, the fact that a provision of the Agreement may be null and
-void, for any reason whatsoever, shall not cause the Agreement as a whole
-to be null and void.
-
-11.5. LANGUAGE
-
-The Agreement is drafted in both French and English. In the event of a
-conflict as regards construction, the French version shall be deemed
-authentic.
-
-
-Article 12 - NEW VERSIONS OF THE AGREEMENT
--------------------------------------------
-
-
-12.1. Any or all person is authorized to duplicate and distribute copies of
-this Agreement.
-
-12.2. So as to ensure coherence, the wording of this Agreement is protected
-and may only be modified by the authors of the License, that reserve the
-right to periodically publish updates or new versions of the Agreement,
-each with a separate number. These subsequent versions may address new issues
-encountered by Free Software.
-
-12.3. Any or all Software distributed under a given version of the
-Agreement may only be subsequently distributed under the same version of
-the Agreement, or a subsequent version, subject to the provisions of
-article 5.3.4.
-
-
-Article 13 - GOVERNING LAW AND JURISDICTION
--------------------------------------------
-
-
-13.1. The Agreement is governed by French law. The Parties agree to
-endeavor to settle the disagreements or disputes that may arise during the
-performance of the Agreement out-of-court.
-
-13.2. In the absence of an out-of-court settlement within two (2) months as
-from their occurrence, and unless emergency proceedings are necessary, the
-disagreements or disputes shall be referred to the Paris Courts having
-jurisdiction, by the first Party to take action.
-
-
- Version 1.1 of 10/26/2004
-
-
-
-
-
-
-
-
-
-
-
diff --git a/licenses/PGI b/licenses/PGI
deleted file mode 100644
index a54f86c9b..000000000
--- a/licenses/PGI
+++ /dev/null
@@ -1,262 +0,0 @@
-PGI End-User License Agreement
-
-NOTICE: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING, COPYING OR
-USING THE LICENSED SOFTWARE. THIS END-USER LICENSE AGREEMENT ("ELA") IS A
-LEGAL AGREEMENT BETWEEN YOU, THE LICENSEE (A SINGLE PERSON, INSTITUTION, OR
-LEGAL ENTITY) ("YOU"), AND STMICROELECTRONICS, N.V., A DUTCH CORPORATION,
-HAVING ITS PRINCIPAL PLACE OF BUSINESS AT STRAWINSKYLAAN 1725, TOWER B 17TH
-FLOOR, 1077 XX AMSTERDAM, THE NETHERLANDS, ACTING FOR THE PURPOSE OF THIS
-ELA THROUGH ITS SWISS BRANCH, 39, CHEMIN DU CHAMP DES FILLES, C. P. 21, CH
-1228 PLAN-LES-OUATES, GENEVA, SWITZERLAND ("ST") FOR THE LICENSED SOFTWARE,
-ASSOCIATED MEDIA, PRINTED MATERIAL, ELECTRONIC DOCUMENTATION OR ANY PORTION
-THEREOF ("SOFTWARE"). ST IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY
-UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS ELA.
-PLEASE READ THE ELA CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE,
-YOU ACCEPT ALL OF THE TERMS OF THE ELA. PLEASE INDICATE YOUR ACCEPTANCE OF
-ALL OF THE THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF
-THE ELA. IF YOU ARE UNWILLING TO BE BOUND BY ALL OF THE TERMS, PLEASE
-SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE ELA AND THE DOWNLOAD OR
-INSTALL PROCESS WILL STOP.
-
-
-1) Ownership
-
- The Software distributed and licensed to You hereunder, including, if
- and when provided, any updates furnished to You for free or for
- additional fees, is proprietary to ST or its licensors (ST and
- licensors hereafter referred to as "Licensor"). The Licensors retain
- title to and ownership of the Software, including the copy provided
- herein, and reserve all rights not expressly granted in this ELA.
-
-2) Granting of License
-
-2A) Except as set forth in Sections 3 and 4 below, under the terms and
- conditions of this ELA, You are hereby granted a limited, revocable,
- nontransferable, and nonexclusive license to use the Software subject
- to the restrictions and other terms within. That use must be
- (i) only by You,
- (ii) only on a computer system running a specific operating system
- on which the Software is designed to run and for which portions
- of the Software and subsequent components in the compilation
- process are intended to produce an executable image ("Target
- Systems") for which the corresponding fee has been paid,
- (iii) only on the network(s) and only by the number of users for
- which the corresponding fee has been paid, and
- (iv) only to target no more than the maximum number of CPUs, or
- the maximum number of processes, for which the corresponding
- fee has been paid.
- Except as set forth in Section 2B below, any other use of the
- Software is strictly prohibited.
-
-2B) You may distribute an end-user application that You build with the
- Software that provides significant functionality distinct from that
- included with the Software ("End-User Application") to users within
- Your organization as well as third party users outside Your
- organization ("Sublicensees") for only such uses and/or Target
- Systems for which the Software was designed and intended. You agree
- that any sublicense shall not relieve You from Your obligations under
- this ELA. The Software includes the run-time files, libraries and
- executables ("Run-Time Files") that are bound into Your application
- by the linker or otherwise required by Your application. You may
- also distribute separate dynamically-linked or executable Run-Time
- Files required during the execution of Your End-User Application.
- Whenever an End-User Application is used internally within Your
- organization or by outside third parties, You shall contractually
- require that all Sublicensees abide by the following restrictions:
- (i) they shall not use the "PGI", "The Portland Group", "ST", or
- "STMicroelectronics" name, logo, or trademarks in marketing the
- End-User Application without prior written permission from ST,
- (ii) they will maintain a valid copyright on the End-User
- Application,
- (iii) they will, without limitation, indemnify, hold harmless, and
- defend ST and other applicable Licensors and their respective
- affiliates and suppliers from and against any and all claims,
- lawsuits, costs, and expenses, including attorney's fees, that
- arise or result from their use or distribution of the End-User
- Application, and
- (iv) they shall strictly prohibit the further distribution of the
- Run-Time Files by the user of the End-User Application.
- Notwithstanding the above, the only Run-Time Files that may be
- distributed as noted in this Section 2B are in the folders or
- directories whose names begin with "REDIST".
-
-3) Software from Microsoft
-
- You acknowledge that as part of the Software You may receive Run-Time
- Files in the form of Microsoft Foundation Classes ("MFCs"), Active
- Template Libraries ("ATLs"), and/or "C" Runtime files ("CRTs") in
- binary form only ("Microsoft Distributable Code"). Notwithstanding
- any other provision of this ELA, You acknowledge and agree
- (A) that You have a limited right to use the Microsoft
- Distributable Code to design, develop, or test for use with
the
- Software only,
- (B) that You or Your end-users of the Microsoft Distributable Code
- may only use it to create programs that run natively on
- Microsoft platforms, and
- (C) to the following restrictions: You and Your end-users:
- (i) will not alter any copyright, trademark, patent, or other
- legal notice or disclaimer in the Microsoft Distributable
- Code,
- (ii) will not run the Microsoft Distributable Code on a
- platform other than a Microsoft platform, and
- (iii) will not include Microsoft Distributable Code in
- malicious, deceptive, or unlawful programs.
- Further, You will require end users of the Microsoft Distributable
- Code to agree to terms at least as protective as this ELA.
-
-4) Software from Sun Microsystems and/or Oracle America, Inc.
-
- You acknowledge that as part of the Software you are receiving access
- to Java(tm) 2 Runtime Environment (J2RE), version 1.4.2 or subsequent
- versions ("Java Code"). Notwithstanding any other provision of this
- ELA, You are hereby granted a limited, revocable, nontransferable,
- and nonexclusive license, without the right to sublicense, to use the
- Java Code complete and unmodified for the sole purpose of running
- Java applets and applications intended to run on the JavaTM 2
- Platform Standard Edition 5.0 (J2SE 5.0) or subsequent versions on
- Java-enabled general purpose desktop computers and servers.
-
-5) Restrictions
-
-5A) You may make one (1) copy of the Software in machine-readable form,
- solely for archival or backup purposes, provided the copyright notice
- and other proprietary legends on the Software are included on any
- archival/backup copies. You may not modify, adapt, translate,
- reverse engineer, de-compile, disassemble, or create derivative
- works, in whole or in part, based on the Software. You may not rent,
- lease, loan, share, or electronically transfer the Software to
- others.
-
-5B) The term "proprietary" as used in this ELA or in the Software does
- not establish a confidential relationship between the Licensor and
- You and does not in itself provide You any rights to the Software.
- You acknowledge that the Licensors have valuable intellectual
- property rights in the Software and agree to respect and protect such
- intellectual property rights. No right, title, or interest in or to
- any trademark, service mark, logo or trade name of the Licensors is
- granted under this ELA.
-
-5C) You acknowledge and agree that the Software is not designed or
- intended for use in nuclear activities or life support systems. The
- Licensors disclaim any express or implied warranty of fitness for
- such uses.
-
-5D) You will not modify or distribute any of the Software so that any
- part of it becomes subject to an Excluded License. As used in this
- ELA, an "Excluded License" is one that requires, as a condition of
- use, modification, or distribution, that
- (i) the Software be disclosed or distributed in source code form; or
- (ii) others have a right to modify it, or
- (iii) the Software loses its proprietary nature.
- Therefore, without the prior written permission of the applicable
- Licensors, You may not modify the Software directly in any way. In
- particular, You may not introduce or commingle with the Software any
- source or object code that is governed by an open source or public
- license of any kind.
-
-6) Limited Warranty
-
- THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO
- THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSORS FURTHER
- DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
- NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR
- PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO
- THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
- THE LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
- SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT
- LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
- INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER
- PECUNIARY LOSS) ARISING OUT OF THIS ELA OR THE USE OF OR INABILITY TO
- USE THE SOFTWARE, EVEN IF THE LICENSORS HAVE BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TO THE
- EXTENT THAT ST MAY BE HELD LEGALLY LIABLE TO YOU BY A COURT OF
- COMPETENT JURISDICTION UNDER CONTRACT, TORT, OR ANY OTHER LEGAL
- THEORY, THE MAXIMUM LIABILITY OF THE LICENSORS SHALL NOT EXCEED THE
- APPLICABLE PURCHASE PRICE OF THE SOFTWARE OR ONE THOUSAND DOLLARS
- ($1,000), WHICHEVER IS GREATER.
-
-7) Indemnity and Audit
-
-7A) You agree to indemnify, defend, and hold the Licensors harmless from
- and against any and all claims, liabilities, damages, penalties,
- settlements, and costs and expenses (including, without limitation,
- reasonable attorneys' fees and court or arbitration costs), asserted
- by any and all third parties (collectively "Claims") against the
- Licensors, and their respective employees, directors, officers, and
- agents alleging or resulting from:
- (i) Your breach of any term or condition of this ELA;
- (ii) alleged or actual infringement of the intellectual property or
- other proprietary rights of a third party by You or Your
- sublicensees; unauthorized alteration of the Software or
- derivative products by You or Your sublicensees;
- (iii) combination of the Software or derivative products with other
- software, products or materials not in accordance with the
- terms of this ELA; or
- (iv) any acts or omissions by You, Your employees, directors,
- officers, and agents or sublicensees either under this ELA or
- outside its scope, including personal injury, death, or
- property damage to anyone or anything.
-
-7B) ST reserves the right, upon reasonable prior written notice to You
- and during Your normal business hours, to audit Your use of the
- Software and any derivative products made therefrom to confirm Your
- compliance with the terms of this ELA.
-
-8) Software Export
-
- All Software and technical data delivered under this ELA are subject
- to US export control laws and may be subject to export or import
- regulations in other countries. You agree to comply strictly with
- all such laws and regulations and acknowledge that You have the
- responsibility to obtain such licenses to export, re-export, or
- import as may be required after delivery to You.
-
-9) Software Manuals
-
- All proprietary documentation provided with the Software is copyrighted
- and may not be copied, photographed, reproduced, translated or reduced
- to any electronic medium or machine-readable form in whole or in part
- without the express, written, prior approval of ST.
-
-10) Government Use
-
- The Software is a "commercial item," as that term is defined at 48
- C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software"
- and "commercial computer software documentation," as such terms are
- used in 48 C.F.R. 12.212 (SEPT 1995) and is provided to the U.S.
- Government only as a commercial end item. Consistent with 48 C.F.R.
- 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all
- U.S. Government licensees and end users acquire the Software with
- only those rights set forth herein.
-
-11) Termination
-
- The license granted to You in this ELA is effective until terminated.
- The license may be terminated by ST at any time without prior notice.
- You may terminate the license at any time by returning and/or
- destroying the Software together with all copies. Upon termination
- of the license for any reason, you agree to destroy all copies of the
- Software.
-
-12) Surviving Terms
-
- In the event this ELA is terminated for any reason, the following
- provisions shall survive termination and shall remain in full force
- and effect: 1, 5, 6, 7, 8, 9, 10, 12, and 13.
-
-13) Controlling Law and Complete Agreement
-
- This Agreement shall be construed and interpreted under the laws of
- the state of New York, not including its conflict of laws principles.
- If any provision of this ELA, or portion thereof, is found to be
- unenforceable, that provision shall be enforced to the maximum extent
- possible and the remainder of this ELA shall continue in full force
- and effect.
-
-YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ELA AND AGREE TO BE BOUND BY ITS
-TERMS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT
-OF AGREEMENT BETWEEN YOU AND ST AND THAT IT SUPERSEDES ANY PRIOR AGREEMENT,
-ORAL OR WRITTEN, ANY PROPOSAL, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND
-ST RELATING TO THE SUBJECT MATTER OF THIS ELA.
-
diff --git a/licenses/ligplot+ b/licenses/ligplot+
deleted file mode 100644
index 7457f6622..000000000
--- a/licenses/ligplot+
+++ /dev/null
@@ -1,138 +0,0 @@
-LIGPLOT - Automated representation of protein-ligand interactions
- ----------------------------------------------------------------
-
- CONFIDENTIALITY AGREEMENT
- -------------------------
-
-
-
-In regard to the LIGPLOT , specified in the Appendix herewith
-(the Software) supplied to us, the copyright and other
-intellectual property rights to which belong to the authors, we
-
-
- __________________________________________________________________
-
-undertake to the authors that we shall be bound by the following terms
-and conditions:-
-
-1. We will receive the Software and any related documentation in
-confidence and will not use the same except for the purpose of the
-department's own research. The Software will be used only by such of
-our officers or employees to whom it must reasonably be communicated
-to enable us to undertake our research and who agree to be bound by
-the same confidence. The department shall procure and enforce such
-agreement from its staff for the benefit of the authors.
-
-2. The publication of research using the Software must reference
-"Wallace A C, Laskowski R A, Thornton J M (1995). LIGPLOT: A program
-to generate schematic diagrams of protein-ligand interactions. Protein
-Engineering, 8, 127-134."
-
-3. Research shall take place solely at the department's premises at
-
-
- __________________________________________________________________
-
-4. All forms of the Software will be kept in a reasonably secure place
- to prevent unauthorised access.
-
-5. Each copy of the Software or, if not practicable then, any package
-associated therewith shall be suitably marked (and such marking
-maintained) with the following copyright notice: " Copyright 1994
-A C Wallace, R A Laskowski, & J M Thornton All Rights Reserved".
-
-6. The Software may be modified but any changes made shall be made
-available to the authors.
-
-7. The Software shall be used exclusively for academic teaching and
-research. The Software will not be used for any commercial research or
-research associated with an industrial company.
-
-8. The confidentiality obligation in paragraph one shall not apply:
-
- (i) to information and data known to the department at the time of
- receipt hereunder (as evidenced by its written records);
-
- (ii) to information and data which was at the time of receipt in the
- public domain or thereafter becomes so through no wrongful act of
- the department;
-
- (iii) to information and data which the department receives from a third
- party not in breach of any obligation of confidentiality owed to
- the authors.
-
-Please sign this Undertaking and return a copy of it to indicate that you
-have read, understood and accepted the above terms.
-
-
-
- For and on behalf of _____________________________
-
- _________________________________________________
-
- ..................................................
-
- Dated ............................................
-
-
-
-e-mail address ___________________________
-
-
-
-Please complete the above form, sign it, and then send it, or fax it, to:-
-
-
-Roman Laskowski
-European Bioinformatics Institute,
-Wellcome Trust Genome Campus,
-Hinxton,
-Cambridge, CB10 1SD,
-United Kingdom
-
-Fax:- +44 (0)1223 494 468
-
[email protected]
-
-
-If you have any problems either installing the software or running it,
-please e-mail your problems to:-
-
- [email protected]
-
-
-APPENDIX - Files supplied as part of the LIGPLOT program
---------------------------------------------------------
-
-Source program files:-
-1. ligplot.c
-2. ligplot.h
-3. hbadd.c
-4. hbadd.h
-5. dimer.c
-6. dimer.h
-
-Script files:-
-1. ligplot.scr
-2. ligonly.scr
-3. dimplot.scr
-4. dimonly.scr
-
-Parameter file:-
-1. ligplot.prm
-
-Installation instructions:-
-1. install.doc
-
-Documentation:-
-1. manual.tar.Z
-2. README
-
-Confidentiality Agreement:-
-1. confid.txt
-
-
-
- v.4.4.2 - 7 Mar 2003
-
diff --git a/licenses/polyphen b/licenses/polyphen
deleted file mode 100644
index 250b86ed7..000000000
--- a/licenses/polyphen
+++ /dev/null
@@ -1,7 +0,0 @@
-The software provided herein is free for academic instruction and research
-use only. Commercial licenses are available to legal entities, including
-companies and organizations (both for-profit and non-profit), requiring the
-software for general commercial use. To obtain a commercial license please,
-contact us via e-mail.
-
-e-mail: [email protected]
\ No newline at end of file
diff --git a/licenses/signalp b/licenses/signalp
deleted file mode 100644
index 7e5b15f19..000000000
--- a/licenses/signalp
+++ /dev/null
@@ -1,218 +0,0 @@
- ACADEMIC SOFTWARE LICENSE AGREEMENT FOR END-USERS AT PUBLICLY FUNDED
- ACADEMIC, EDUCATION OR RESEARCH INSTITUTIONS FOR THE USE OF SignalP 3.0
-
- By downloading the Software you are consenting to be bound by and become
- a party to this agreement as the "Licensee". If you do not agree to all
- of the terms of this agreement, you must not click the Acceptance
- button, not install the product nor use the product, and you do not
- become a LICENSEE under this agreement.
-
- If you are not a member of a publicly funded Academic and/or Education
- and/or Research Institution you must obtain a commercial license, please
- send mail to ([email protected]). This software license agreement is
- entered into by and between Center for Biological Sequence Analysis,
- Technical University of Denmark (hereinafter "CBS") and the "LICENSEE".
-
- WHEREAS CBS has the right to license all copyrights and other property
- rights in the Licensed Software identified as SignalP 3.0 and developed
- by CBS and CBS desires to license the Software so that it becomes
- available for public use and benefit.
-
- WHEREAS LICENSEE is a public funded Academic and/or Education and/or
- Research Institution.
-
- WHEREAS LICENSEE desires to acquire a free non-exclusive license to use
- the Software for internal research purposes only.
-
- NOW, THEREFORE, in consideration of the mutual promises and covenants
- contained herein, the parties agree as follows:
-
- 1. Definitions
-
- "Licensed Software" means the specific version SignalP 3.0 pursuant
- to this Agreement. Any opinion, findings, conclusions or recommendations
- expressed in the Licensed Software are those of the authors and do not
- necessarily reflect the views of CBS.
-
- 2. License
-
- Subject to the terms and conditions of this Agreement a non-exclusive,
- non-transferable License to use and copy the Licensed Software is made
- available free of charge for the LICENSEE which is a non-profit
- educational, academic and/or research institution. The License is only
- granted for personal and internal use in research only at one Site,
- where a Site is defined as a set of contiguous buildings in one
- location. The software will be used at only one location of LICENSEE.
-
- This license does not entitle Licensee to receive from CBS copies of the
- Licensed software on disks, tapes or CD's, hard-copy documentation,
- technical support, telephone assistance, or enhancements or updates to
- the Licensed Software.
-
- The user and any research assistants, co-workers or other workers who
- may use the Software agree to not give the program to third parties or
- grant licenses on software, which include the Software, alone or
- integrated into other software, to third parties. Modification of the
- source code is prohibited without the prior written consent of CBS.
-
- 3. Ownership
-
- Except as expressly licensed in this Agreement, CBS shall retain title
- to the Licensed Software, and any upgrades and modifications created by
- CBS.
-
- 4. Consideration
-
- In consideration for the license rights granted by CBS, LICENSEE will
- obtain this academic license free of charge.
-
- 5. Copies
-
- LICENSEE shall have the right to make copies of the Licensed Software
- for internal use at the Site and for back-up purposes under this
- Agreement, but agrees that all such copies shall contain the copyright
- notices and all other reasonable and appropriate proprietary markings or
- confidential legends that appear on the Licensed Software provided
- hereunder.
-
- 6. Support
-
- CBS shall have no obligation to offer support services to LICENSEE, and
- nothing contained herein shall be interpreted as to require CBS to
- provide maintenance, installation services, version updates, debugging,
- consultation or end-user support of any kind.
-
- 7. Software Protection
-
- LICENSEE acknowledges that the Licensed Software is proprietary to CBS.
- The software code shall be treated as trade secrets and confidential
- information of CBS, and LICENSEE agrees to use best efforts to hold the
- same in confidence. LICENSEE's obligation for confidentiality shall not
- extend to any information which is or becomes generally available to the
- public, is already known to or subsequently disclosed by third parties
- to LICENSEE and at its free disposal, or is independently developed by
- LICENSEE or its affiliates without the use of the confidential
- information disclosed by CBS, or is required by law or legal process.
-
- Except as other wise expressly permitted in this Agreement, Licensee my
- not (i) modify or create any derivative works of the Licensed Software
- or documentation, including customization, translation or localization;
- (ii) decompile, disassemble, reverse engineer, or otherwise attempt to
- derive the source code for the Product; (iii) redistribute, encumber,
- sell, rent, lease, sublicense, or otherwise transfer rights to the
- Licensed Software; (iv) remove or alter any trademark, logo, copyright
- or other proprietary notices, legends, symbols or labels in the Product;
- or (v) publish any results of benchmark tests run on the Product to a
- third party without CBS's prior written consent.
-
- 8. Representations of CBS to LICENSEE
-
- CBS represents to LICENSEE that (i) CBS has the right to grant the
- License and to enter into this agreement, (ii) that, to the best of
- CBS's knowledge, the Licensed software does not infringe any patent,
- copyright or trade secrets of any third party, provided however that
- such representation and warranty shall not apply to any addition to, or
- modifications or adaptation of, the Licensed Software made by LICENSEE
- and (iii) CBS undertakes to use best efforts to cooperate with and
- assist LICENSEE, at LICENSEE's expense, in defending itself against any
- action based on the alleged infringement of any third party patent,
- copyright or trade secret rights resulting from or relating to the use
- or licensing of the Licensed Software by LICENSEE.
-
- 9. Indemnity and Disclaimer of Warranties
-
- Except as expressly set forth in this agreement, CBS makes no
- representations or warranties, express or implied.
-
- The product is provided free of charge, and, therefore, on an "as is"
- basis, without warranty of any kind, express or implied, including
- without limitation the warranties that it is free of defects, virus
- free, able to operate on an uninterrupted basis, merchantable, fit for a
- particular purpose or non-interfering. The entire risk as to the quality
- and performance of the Licensed Software is borne by LICENSEE.
-
- By way of example, but not limitation, CBS makes no representations or
- warranties of merchantability or fitness for any particular application
- or, except as set forth in paragraph 8, that the use of the Software
- will not infringe any patents, copyrights or trademarks or other rights
- of third parties. The entire risk as to the quality and performance of
- the product is borne by LICENSEE. CBS shall not be liable for any
- liability or damages with respect to any claim by LICENSEE or any third
- party on account of, or arising from the license or use of the Software.
-
- Should the Licensed Software prove defective in any respect, LICENSEE
- and not LICENSOR or it's affiliates should assume the entire cost of any
- service and repair. This disclaimer of warranty constitutes an essential
- part of this agreement. No use of the licensed product is authorized
- hereunder except under this disclaimer.
-
- In no event will LICENSOR or its affiliates be liable for any indirect,
- special, incidental or consequential damages arising out of the use of
- or inability to use the product, including, without limitation, damages
- for lost profits, loss of goodwill, work stoppage, computer failure or
- malfunction, or any and all other commercial damages or losses, even if
- advised of the possibility thereof, and regardless of the legal or
- equitable theory (contract, tort or otherwise) upon which the claim is
- based.
-
- 10. Promotional Advertising & References
-
- LICENSEE may not use the name of the Licensed Software in its
- promotional advertising, product literature, and other similar
- promotional materials to be disseminated to the public or any portion
- thereof. LICENSEE agrees not to identify CBS in any promotional
- advertising or other promotional materials to be disseminated to the
- public, or any portion thereof without CBS's prior written consent.
- LICENSEE agrees that any reference to the software for crystallographic
- computations will cite one or more publications as set forth in the
- manual and in agreement with common scientific practice. CBS shall not
- use LICENSEE's name in publicity or advertising involving this Agreement
- or otherwise without LICENSEE's prior written consent which may be
- withheld at LICENSEE's sole discretion.
-
- 11. Term
-
- This Agreement and the license rights granted herein shall become
- effective as of the date this Agreement is executed by both parties and
- shall be perpetual unless terminated in accordance with this Section.
-
- CBS may terminate this Agreement at any time.
-
- Either party may terminate this Agreement at any time effective upon the
- other party's breach of any agreement, covenant, or representation made
- in this Agreement, such breach remaining uncorrected sixty (60) days
- after written notice thereof.
-
- LICENSEE shall have the right, at any time, to terminate this Agreement
- without cause by written notice to CBS specifying the date of
- termination.
-
- Upon termination, LICENSEE shall destroy all full and partial copies of
- the Licensed Software.
-
- 12. Governing Law
-
- This Agreement shall be construed in accordance with the laws of
- Denmark.
-
- 13. General
-
- The parties agree that this Agreement is the complete and exclusive
- agreement among the parties and supersedes all proposals and prior
- agreements whether written or oral, and all other communications among
- the parties relating to the subject matter of this Agreement. This
- Agreement cannot be modified except in writing and signed by both
- parties. Failure by either party at any time to enforce any of the
- provisions of this Agreement shall not constitute a waiver by such party
- of such provision nor in any way affect the validity of this Agreement.
-
- The invalidity of singular provisions does not affect the validity of
- the entire understanding. The parties are obligated, however, to replace
- the invalid provisions by a regulation which comes closest to the
- economic intent of the invalid provision. The same shall apply mutatis
- mutandis in case of a gap.
-
- IN WITNESS WHEREOF, the LICENSEE hereto have caused this Agreement to be
- duly executed on the date of the download of the software and by
- accepting the license conditions by pressing the Acceptance button.
-
diff --git a/licenses/tmhmm b/licenses/tmhmm
deleted file mode 100644
index 529d135d5..000000000
--- a/licenses/tmhmm
+++ /dev/null
@@ -1,217 +0,0 @@
- ACADEMIC SOFTWARE LICENSE AGREEMENT FOR END-USERS AT PUBLICLY FUNDED
- ACADEMIC, EDUCATION OR RESEARCH INSTITUTIONS FOR THE USE OF TMHMM 2.0c
-
- By downloading the Software you are consenting to be bound by and become
- a party to this agreement as the "Licensee". If you do not agree to all
- of the terms of this agreement, you must not click the Acceptance
- button, not install the product nor use the product, and you do not
- become a LICENSEE under this agreement.
-
- If you are not a member of a publicly funded Academic and/or Education
- and/or Research Institution you must obtain a commercial license, please
- send mail to ([email protected]). This software license agreement is
- entered into by and between Center for Biological Sequence Analysis,
- Technical University of Denmark (hereinafter "CBS") and the "LICENSEE".
-
- WHEREAS CBS has the right to license all copyrights and other property
- rights in the Licensed Software identified as TMHMM 2.0c and developed
- by CBS and CBS desires to license the Software so that it becomes
- available for public use and benefit.
-
- WHEREAS LICENSEE is a public funded Academic and/or Education and/or
- Research Institution.
-
- WHEREAS LICENSEE desires to acquire a free non-exclusive license to use
- the Software for internal research purposes only.
-
- NOW, THEREFORE, in consideration of the mutual promises and covenants
- contained herein, the parties agree as follows:
-
- 1. Definitions
-
- "Licensed Software" means the specific version TMHMM 2.0c pursuant
- to this Agreement. Any opinion, findings, conclusions or recommendations
- expressed in the Licensed Software are those of the authors and do not
- necessarily reflect the views of CBS.
-
- 2. License
-
- Subject to the terms and conditions of this Agreement a non-exclusive,
- non-transferable License to use and copy the Licensed Software is made
- available free of charge for the LICENSEE which is a non-profit
- educational, academic and/or research institution. The License is only
- granted for personal and internal use in research only at one Site,
- where a Site is defined as a set of contiguous buildings in one
- location. The software will be used at only one location of LICENSEE.
-
- This license does not entitle Licensee to receive from CBS copies of the
- Licensed software on disks, tapes or CD's, hard-copy documentation,
- technical support, telephone assistance, or enhancements or updates to
- the Licensed Software.
-
- The user and any research assistants, co-workers or other workers who
- may use the Software agree to not give the program to third parties or
- grant licenses on software, which include the Software, alone or
- integrated into other software, to third parties. Modification of the
- source code is prohibited without the prior written consent of CBS.
-
- 3. Ownership
-
- Except as expressly licensed in this Agreement, CBS shall retain title
- to the Licensed Software, and any upgrades and modifications created by
- CBS.
-
- 4. Consideration
-
- In consideration for the license rights granted by CBS, LICENSEE will
- obtain this academic license free of charge.
-
- 5. Copies
-
- LICENSEE shall have the right to make copies of the Licensed Software
- for internal use at the Site and for back-up purposes under this
- Agreement, but agrees that all such copies shall contain the copyright
- notices and all other reasonable and appropriate proprietary markings or
- confidential legends that appear on the Licensed Software provided
- hereunder.
-
- 6. Support
-
- CBS shall have no obligation to offer support services to LICENSEE, and
- nothing contained herein shall be interpreted as to require CBS to
- provide maintenance, installation services, version updates, debugging,
- consultation or end-user support of any kind.
-
- 7. Software Protection
-
- LICENSEE acknowledges that the Licensed Software is proprietary to CBS.
- The software code shall be treated as trade secrets and confidential
- information of CBS, and LICENSEE agrees to use best efforts to hold the
- same in confidence. LICENSEE's obligation for confidentiality shall not
- extend to any information which is or becomes generally available to the
- public, is already known to or subsequently disclosed by third parties
- to LICENSEE and at its free disposal, or is independently developed by
- LICENSEE or its affiliates without the use of the confidential
- information disclosed by CBS, or is required by law or legal process.
-
- Except as other wise expressly permitted in this Agreement, Licensee my
- not (i) modify or create any derivative works of the Licensed Software
- or documentation, including customization, translation or localization;
- (ii) decompile, disassemble, reverse engineer, or otherwise attempt to
- derive the source code for the Product; (iii) redistribute, encumber,
- sell, rent, lease, sublicense, or otherwise transfer rights to the
- Licensed Software; (iv) remove or alter any trademark, logo, copyright
- or other proprietary notices, legends, symbols or labels in the Product;
- or (v) publish any results of benchmark tests run on the Product to a
- third party without CBS's prior written consent.
-
- 8. Representations of CBS to LICENSEE
-
- CBS represents to LICENSEE that (i) CBS has the right to grant the
- License and to enter into this agreement, (ii) that, to the best of
- CBS's knowledge, the Licensed software does not infringe any patent,
- copyright or trade secrets of any third party, provided however that
- such representation and warranty shall not apply to any addition to, or
- modifications or adaptation of, the Licensed Software made by LICENSEE
- and (iii) CBS undertakes to use best efforts to cooperate with and
- assist LICENSEE, at LICENSEE's expense, in defending itself against any
- action based on the alleged infringement of any third party patent,
- copyright or trade secret rights resulting from or relating to the use
- or licensing of the Licensed Software by LICENSEE.
-
- 9. Indemnity and Disclaimer of Warranties
-
- Except as expressly set forth in this agreement, CBS makes no
- representations or warranties, express or implied.
-
- The product is provided free of charge, and, therefore, on an "as is"
- basis, without warranty of any kind, express or implied, including
- without limitation the warranties that it is free of defects, virus
- free, able to operate on an uninterrupted basis, merchantable, fit for a
- particular purpose or non-interfering. The entire risk as to the quality
- and performance of the Licensed Software is borne by LICENSEE.
-
- By way of example, but not limitation, CBS makes no representations or
- warranties of merchantability or fitness for any particular application
- or, except as set forth in paragraph 8, that the use of the Software
- will not infringe any patents, copyrights or trademarks or other rights
- of third parties. The entire risk as to the quality and performance of
- the product is borne by LICENSEE. CBS shall not be liable for any
- liability or damages with respect to any claim by LICENSEE or any third
- party on account of, or arising from the license or use of the Software.
-
- Should the Licensed Software prove defective in any respect, LICENSEE
- and not LICENSOR or it's affiliates should assume the entire cost of any
- service and repair. This disclaimer of warranty constitutes an essential
- part of this agreement. No use of the licensed product is authorized
- hereunder except under this disclaimer.
-
- In no event will LICENSOR or its affiliates be liable for any indirect,
- special, incidental or consequential damages arising out of the use of
- or inability to use the product, including, without limitation, damages
- for lost profits, loss of goodwill, work stoppage, computer failure or
- malfunction, or any and all other commercial damages or losses, even if
- advised of the possibility thereof, and regardless of the legal or
- equitable theory (contract, tort or otherwise) upon which the claim is
- based.
-
- 10. Promotional Advertising & References
-
- LICENSEE may not use the name of the Licensed Software in its
- promotional advertising, product literature, and other similar
- promotional materials to be disseminated to the public or any portion
- thereof. LICENSEE agrees not to identify CBS in any promotional
- advertising or other promotional materials to be disseminated to the
- public, or any portion thereof without CBS's prior written consent.
- LICENSEE agrees that any reference to the software for crystallographic
- computations will cite one or more publications as set forth in the
- manual and in agreement with common scientific practice. CBS shall not
- use LICENSEE's name in publicity or advertising involving this Agreement
- or otherwise without LICENSEE's prior written consent which may be
- withheld at LICENSEE's sole discretion.
-
- 11. Term
-
- This Agreement and the license rights granted herein shall become
- effective as of the date this Agreement is executed by both parties and
- shall be perpetual unless terminated in accordance with this Section.
-
- CBS may terminate this Agreement at any time.
-
- Either party may terminate this Agreement at any time effective upon the
- other party's breach of any agreement, covenant, or representation made
- in this Agreement, such breach remaining uncorrected sixty (60) days
- after written notice thereof.
-
- LICENSEE shall have the right, at any time, to terminate this Agreement
- without cause by written notice to CBS specifying the date of
- termination.
-
- Upon termination, LICENSEE shall destroy all full and partial copies of
- the Licensed Software.
-
- 12. Governing Law
-
- This Agreement shall be construed in accordance with the laws of
- Denmark.
-
- 13. General
-
- The parties agree that this Agreement is the complete and exclusive
- agreement among the parties and supersedes all proposals and prior
- agreements whether written or oral, and all other communications among
- the parties relating to the subject matter of this Agreement. This
- Agreement cannot be modified except in writing and signed by both
- parties. Failure by either party at any time to enforce any of the
- provisions of this Agreement shall not constitute a waiver by such party
- of such provision nor in any way affect the validity of this Agreement.
-
- The invalidity of singular provisions does not affect the validity of
- the entire understanding. The parties are obligated, however, to replace
- the invalid provisions by a regulation which comes closest to the
- economic intent of the invalid provision. The same shall apply mutatis
- mutandis in case of a gap.
-
- IN WITNESS WHEREOF, the LICENSEE hereto have caused this Agreement to be
- duly executed on the date of the download of the software and by
- accepting the license conditions by pressing the Acceptance button.
