Add atsas license

Signed-off-by: Justin Lecher <jlec@gentoo.org>

1 files changed, 211 insertions, 0 deletions

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+ACADEMIC SOFTWARE LICENSE AGREEMENT FOR END-USERS AT PUBLIC FUNDED ACADEMIC,
+EDUCATION OR RESEARCH INSTITUTIONS FOR THE USE OF ATSAS 2.6
+
+By clicking the Acceptance button for the ATSAS 2.6 Software ("Licensed
+Software"), you are consenting to be bound by and become a party to this
+agreement as the "Licensee". If you do not agree to all of the terms of
+this agreement, you must not click the Acceptance button, not install
+the product nor use the product, and you do not become a LICENSEE under
+this agreement.
+
+If you are not a member of a public funded Academic and/or Education and/
+or Research Institution you must obtain a commercial license from EMBLEM
+(Info@embl-em.de).
+
+This software license agreement is entered into by and between EMBL Enter-
+prise Management GmbH (hereinafter "EMBLEM") located at Boxberg Ring 107,
+D-69126 Heidelberg, Germany and the "LICENSEE".
+
+WHEREAS EMBLEM has the right to license all copyrights and other property
+rights in the Licensed Software identified as ATSAS 2.6 and developed by
+EMBL (European Molecular Biology Laboratory, Meyerhofstrasse 1, 69117
+Heidelberg, Germany), and EMBLEM 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 current version 2.6 of the ATSAS computer
+package developed by ATSAS team at EMBL-Hamburg, collectively the "Authors",
+pursuant to this Agreement.
+
+Any opinion, findings, conclusions or recommendations expressed in the
+ATSAS 2.6 suite are those of the authors and do not necessarily reflect
+the views of EMBL and EMBLEM.
+
+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 EMBLEM 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 source code 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 EMBLEM.
+
+3. Ownership
+Except as expressly licensed in this Agreement, EMBL shall retain title to 
+the Licensed Software, and any upgrades and modifications created by EMBL.
+
+4. Consideration
+In consideration for the license rights granted by EMBLEM, 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
+EMBLEM shall have no obligation to offer support services to LICENSEE, and
+nothing contained herein shall be interpreted as to require EMBLEM to provide
+maintenance, installation services, debugging, consultation or end-user
+support of any kind. EMBLEM will provide any available updates for a period
+of one year, without additional cost.
+
+7. Software Protection
+LICENSEE acknowledges that the ATSAS Software is proprietary to EMBLEM.
+The software code shall be treated as trade secrets and confidential
+information of EMBLEM, 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 EMBLEM, or is required by law or legal process.
+
+Except as other wise expressly permitted in this Agreement, LICENSEE may
+not (i) modify or create any derivative works of the Licensed Software or
+documentation, including customisation, translation or localization; (ii)
+decompile, disassemble, reverse engineer, or otherwise attempt to derive
+the source code for the Product; (iii) redistribute, encumber, sell, rent,
+lease, sublicense, or otherwise transfer rights to the Licensed Software;
+(iv) remove or alter any trademark, logo, copyright or other proprietary
+notices, legends, symbols or labels in the Product; or (v) publish any
+results of benchmark tests run on the Product to a third party without
+EMBLEM's prior written consent.
+
+8. Representations of EMBLEM to LICENSEE 
+EMBLEM represents to LICENSEE that (i) EMBLEM has the right to grant the
+License and to enter into this agreement, (ii) that, to the best of
+EMBLEM'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) EMBLEM undertakes to use best efforts to cooperate with and assist
+LICENSEE, at LICENSEE's expense, in defending itself against any action
+based on the alleged infringement of any third party patent, copyright or
+trade secret rights resulting from or relating to the use or licensing of
+the Licensed Software by LICENSEE.
+
+9. Indemnity and Disclaimer of Warranties
+Except as expressly set forth in this agreement, EMBLEM 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-inter-
+fering. The entire risk as to the quality and performance of the Licensed
+Software is borne by LICENSEE.
+
+By way of example, but not limitation, EMBLEM 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. EMBLEM shall not be liable for any liability or
+damages with respect to any claim by LICENSEE or any third party on account
+of, or arising from the license or use of the Software.
+
+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 "ATSAS" in its promotional advertising, product
+literature, and other similar promotional materials to be disseminated to the
+public or any portion thereof. LICENSEE agrees not to identify EMBL in any
+promotional advertising or other promotional materials to be disseminated to
+the public, or any portion thereof without EMBLEM'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. EMBLEM or EMBL 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.
+
+EMBLEM 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 EMBLEM 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 Germany.
+
+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
+invalidprovisions 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.
+
+I have read this License Agreement and I agree to uphold the terms and
+conditions of this license.