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+HSL ACADEMIC LICENCE VERSION 1.2 MAY 2011

+

+

+1 DEFINITIONS AND INTERPRETATION

+

+In this Agreement the following expressions have the following meanings:

+

+   "Harmful             means any virus, worm, time bomb, time lock, drop dead

+    Element"            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, or that may allow any unauthorised person to gain

+                        access to, any information system or any software, data

+                        or file on it;

+

+   "Intellectual        means patents, trade marks, service marks, registered

+    Property"           designs, copyrights, database rights, design rights,

+                        know-how, confidential information, applications for

+                        any of the above, trade secrets 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;

+

+   "Software"           means the software and any accompanying documentation

+                        downloaded by the Licensee; and

+

+   "STFC"               means the Science and Technology Facilities Council,

+                        one of whose principal offices is at Rutherford

+                        Appleton Laboratory, Harwell Oxford, Didcot, OX11 0QX.

+

+2 LICENCE

+

+2.1   In consideration of the confidentiality undertakings given by the Licensee

+      pursuant to Clause 4, STFC grants the Licensee, for the duration of this

+      agreement, an indefinite, non-exclusive, non-transferable licence to use

+      the Software solely for personal use on the terms and conditions of this

+      Agreement provided that:

+

+      2.1.1 the Licensee must be employed by, or a student of, a non-profit

+            educational, academic or research institute;

+

+      2.1.2 the Licensee may not distribute any of the Software to any third

+            party, or share its use with any third party (regardless of whether

+            such third party is from the same institution), and the Licensee

+            may not sub-license the use of any of the Software;

+

+      2.1.3 the Licensee may not use the Software for any commercial purposes;

+            and

+

+      2.1.4 the Licensee may not copy any of the Software except for the

+            purposes of making a reasonable number of back-up copies, nor may

+            the Licensee modify the Software or incorporate or imbed it into

+            any other software products, except to optimise its performance for

+            the Licensee's use on a particular platform.

+

+2.2   The licence granted in clause 2.1 relates only to the release of the

+      Software at the date of this Agreement.  The Licensee must acquire a new

+      licence from STFC to use any future release of the Software.

+

+2.3   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 the Software.

+

+2.4   In any published work produced by the Licensee which includes results

+      achieved by using the Software, the Licensee shall acknowledge that the

+      Software was used in producing the results contained in such publication

+      by including the following citation: "HSL, a collection of Fortran codes

+      for large-scale scientific computation. See http://www.hsl.rl.ac.uk/".

+

+3 WARRANTIES AND LIABILITY

+

+3.1   The Software is supplied as is, including any faults.

+

+3.2   To the maximum extent permitted by the law, STFC excludes all warranties

+      conditions or other terms that may be implied into this Agreement whether

+      by law, statute or otherwise.

+

+3.3   STFC gives no condition, warranty or other term whatsoever, either

+      express or implied including, without limitation, any condition, warranty

+      or other term as to the condition of the Software, that the Software is

+      free from any Harmful Element, or as to satisfactory quality, fitness for

+      a particular purpose, non-infringement, or use of reasonable care and

+      skill.

+

+3.4   To the extent permitted under applicable law, STFC shall not be liable in

+      contract, tort or otherwise for any loss or damage, howsoever arising in

+      connection with the Software. Accordingly, the Licensee acknowledges and

+      accepts that it uses the Software at its own risk.

+

+3.5   STFC shall not be liable for any indirect, special, or consequential

+      damages, or loss of profit, whether such damages or losses are known,

+      foreseen, foreseeable or unforeseen. Nothing in this Agreement shall

+      limit STFC's liability for negligently caused death or personal injury

+      or fraud.

+

+4 NON-DISCLOSURE AGREEMENT

+

+4.1   In consideration of the disclosure by STFC to the Licensee of the

+      Software, the Licensee undertakes that it will respect and preserve the

+      confidentiality of the Software for a period of five years after the date

+      of such disclosure (subject to clause 4.2 below).

+

+4.2   The obligations contained in this clause 4 shall not apply, or shall

+      cease to apply, to such part of the Software as the Licensee can show to

+      the reasonable satisfaction of STFC:

+

+4.2.1 has become public knowledge other than through the fault of the Licensee;

+      or

+

+4.2.2 was already known to the Licensee prior to disclosure to it by STFC; or

+

+4.2.3 has been received from a third party who neither acquired it in

+      confidence from STFC, nor owed STFC a duty of confidence in respect of it.

+

+5 PROPERTY RIGHTS

+

+5.1   The Software is proprietary to STFC. The Licensee acknowledges that any

+      disclosure pursuant to this agreement shall not confer on the Licensee

+      any Intellectual Property or other rights in relation to the Software.

+

+5.2   Ownership of all complete or partial copies of the Software shall at all

+      times remain with STFC. The Licensee agrees to mark any copies of the

+      Software which it may make in any tangible medium with a notice that such

+      copy belongs to STFC.

+

+6 TERMINATION

+

+6.1   The Licensee may terminate the Agreement at any time by giving at least

+      30 days' prior written notice to STFC.

+

+6.2   The Agreement shall terminate automatically in the event that the

+      Licensee no longer fulfils the requirements of clause 2.1.1.

+

+6.3   STFC may terminate the Agreement immediately on giving notice in writing

+      to the Licensee if the Licensee commits any serious breach of any term of

+      this Agreement and fails (in the case of a breach capable of being

+      remedied), within 10 days after the receipt of a request in writing from

+      the STFC to do so, to remedy the breach (such request to contain a

+      warning of the STFC's intention to terminate).

+

+6.4   Immediately upon the termination of the Agreement the Licensee shall

+      destroy the Software and all copies of the whole or any part thereof and

+      certify in writing to STFC that they have been destroyed.

+

+6.5   Any termination of this Agreement (howsoever occasioned) shall not affect

+      any accrued rights or liabilities of either party nor shall it affect the

+      coming into force or the continuance in force of any provision in this

+      Agreement which is expressly or by implication intended to come into or

+      continue in force on or after such termination.

+

+7 GENERAL

+

+7.1   STFC may assign any of its rights and obligations under this Agreement,

+      upon written notice, to any affiliated organization or to a statutory

+      successor. Any assignment shall be subject to the assignee undertaking to

+      observe the terms and conditions of this Agreement.

+

+7.2   The Licensee may not assign, transfer, charge, sublicense or otherwise

+      deal in or dispose of in whole or in part any of its rights or

+      obligations under this Agreement without the prior written consent of

+      STFC (such consent not to be unreasonably withheld or delayed).

+

+7.3   Nothing in this Agreement will constitute or will be deemed to constitute

+      between the parties a partnership, association, joint venture or other

+      co-operative entity, or constitute the relationship of principal and

+      agent.

+

+7.4   Neither party shall have any liability under or be deemed in breach of

+      this Agreement for any delays or failures in performance of this

+      Agreement which result from circumstances beyond the reasonable control

+      of that party including, without limitation, fire, explosion, flood,

+      tempest, unusually adverse weather conditions, failure or shortage of

+      power supplies, war, hostilities, riot or acts of terrorism. The party

+      affected by such circumstances shall promptly notify the other party in

+      writing when such circumstances cause a delay or failure in performance

+      and when they cease to do so. If circumstances continue for a continuous

+      period of one (1) month, either party may terminate this Agreement by

+      written notice to the other party.

+

+7.5   No forbearance, delay or indulgence by either party in enforcing the

+      provisions of this Agreement shall prejudice or restrict the rights of

+      that party nor shall any waiver of its rights operate as a waiver of any

+      subsequent breach and no right, power or remedy herein conferred upon or

+      reserved for either party is exclusive of any other right, power or

+      remedy available to that party and each such right, power or remedy shall

+      be cumulative.

+

+7.6   This Agreement supersedes all prior agreements, arrangements and

+      understandings between the parties and constitutes the entire agreement

+      between the parties relating to the subject matter hereof (save that

+      neither party seeks to exclude liability for any fraudulent

+      pre-contractual misrepresentation upon which the other party can be shown

+      to have relied). The Licensee hereby warrants to STFC that the Licensee

+      has not been induced to enter into this Agreement by any prior

+      representations or warranties, whether oral or in writing, except as

+      specifically contained in this Agreement and the Licensee hereby

+      irrevocably and unconditionally waives any right it may have to claim

+      damages for any misrepresentation not contained in this Agreement or for

+      breach of any warranty not contained herein (unless such

+      misrepresentation or warranty was made fraudulently and was relied upon

+      by the Licensee) and/or to rescind this Agreement. No addition to or

+      modification of any provision of this Agreement shall be binding upon the

+      parties unless made by a written instrument signed by a duly authorised

+      representative of each of the parties.

+

+7.7   Notwithstanding that the whole or any part of any provision of this

+      Agreement may prove to be illegal or unenforceable the other provisions

+      of this Agreement and the remainder of the provision in question shall

+      remain in full force and effect.

+

+7.8   The parties confirm their intent not to confer any rights on any third

+      parties by virtue of this Agreement and accordingly the Contracts (Rights

+      of Third parties) Act 1999 shall not apply to this Agreement.

+

+7.9   This agreement shall be interpreted and construed in accordance with the

+      laws of England and Wales. The English Courts will have exclusive

+      jurisdiction to deal with any dispute which has arisen or may arise out

+      of or in connection with this Agreement, however STFC may enforce the

+      Licensee's obligation of confidence in the courts of any jurisdiction

+      having competence to issue an injunction directly enforceable against

+      the Licensee.