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authorAndrew Ammerlaan <andrewammerlaan@riseup.net>2021-03-06 17:46:53 +0100
committerAndrew Ammerlaan <andrewammerlaan@riseup.net>2021-03-06 17:46:53 +0100
commit43858d1c48983cf88989922eca5105bd6951b705 (patch)
tree3236970def0df6bb2e6969a6f624b52fe4a2aec6 /licenses/bcca_2010
parentsci-biology/twinscan: do not overwrite RESTRICT (diff)
downloadsci-43858d1c48983cf88989922eca5105bd6951b705.tar.gz
sci-43858d1c48983cf88989922eca5105bd6951b705.tar.bz2
sci-43858d1c48983cf88989922eca5105bd6951b705.zip
licenses: clean up unused licenses
Signed-off-by: Andrew Ammerlaan <andrewammerlaan@riseup.net>
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-BC CANCER AGENCY SOFTWARE LICENSE AGREEMENT (ACADEMIC USE)
-
-CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. This License
-
-Agreement (the "Agreement") is a legal contract between you, your
-
-employer, educational institution or organization (collectively, "You")
-
-and the British Columbia Cancer Agency ("BCCA") with respect to the
-
-license of the software, including all associated documentation
-
-(collectively, the "Product").
-
-
-
-BCCA is willing to license the Product to You only if You accept the
-
-terms and conditions of this Agreement. By clicking on the "I ACCEPT"
-
-button, or by copying, downloading, accessing or otherwise using the
-
-Product, You automatically agree to be bound by the terms of this
-
-Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS
-
-AGREEMENT, DO NOT COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THE
-
-PRODUCT.
-
-
-
-1. AUTHORITY: In the event that You are an educational institution or
-
-organization, Your representative who is clicking the "I ACCEPT"
-
-button, or otherwise copying, downloading, accessing or using the
-
-Product hereby, in their personal capacity, represents and warrants
-
-that they possess the legal authority to enter into this Agreement
-
-on Your behalf and to bind You to the terms of this Agreement.
-
-
-
-2. LICENSE TO USE: BCCA hereby grants to You a personal, non-exclusive,
-
-non-transferable, limited license to use the Product solely for
-
-internal, non-commercial use for non-profit research or educational
-
-purposes only on the terms and conditions contained in this Agreement.
-
-The Product may be installed at a single site at Your premises only. A
-
-copy of the Product installed on a single common machine or cluster of
-
-machines may be shared for internal use by Qualified Users only. In
-
-order to be a "Qualified User", an individual must be a student,
-
-researcher, professor, instructor or staff member of a non-profit
-
-educational institution or organization who uses the Product solely for
-
-non-profit research or educational purposes.
-
-
-
-3. RESTRICTIONS: You acknowledge and agree that You shall not, and
-
-shall not authorize any third party to:
-
-(a) make copies of the Product, except as provided in Section 2 and
-
-except for a single backup copy, and any such copy together with the
-
-original must be kept in Your possession or control;
-
-(b) modify, adapt, decompile, disassemble, translate into another
-
-computer language, create derivative works of, or otherwise reverse
-
-engineer the Product, or disclose any trade secrets relating to the
-
-Product, except as permitted in Section 5;
-
-(c) license, sublicense, distribute, sell, lease, transfer, assign,
-
-trade, rent or publish the Product or any part thereof and/or copies
-
-thereof, to any third party;
-
-(d) use the Product to process any data other than Your own;
-
-(e) use the Product or any part thereof for any commercial or
-
-for-profit purpose or any other purpose other than as permitted in
-
-Section 2; or
-
-(f) use, without its express permission, the name of BCCA.
-
-
-
-4. INTELLECTUAL PROPERTY RIGHTS: Subject to Section 5 below, all
-
-patents, copyrights, trade secrets, service marks, trademarks and
-
-other proprietary rights in or related to the Product and any
-
-improvements, modifications and enhancements thereof are and will
-
-remain the exclusive property of BCCA or its licensors. You agree
-
-that You will not, either during or after the termination of this
-
-Agreement, contest or challenge the title to or the intellectual
-
-property rights of BCCA or its licensors in the Product or any
-
-portion thereof.
-
-
-
-5. OWNERSHIP OF IMPROVEMENTS: In the event that the Product, in the
-
-form provided to You, includes source code (the "Source Code"),
-
-You are entitled to make improvements, modifications and
-
-enhancements to the Source Code (collectively, "Improvements")
-
-which Improvements are to be used by You for non-profit research
-
-and educational purposes only and You shall be the owner of those
-
-Improvements that You directly make and of all intellectual
-
-property rights to such Improvements, subject to the foregoing
-
-limits on Your use and distribution of such Improvements. You
-
-hereby grant to BCCA a perpetual, non-exclusive, worldwide,
-
-fully-paid, irrevocable license to use such Improvements for any
-
-purposes whatsoever, and to sublicense such Improvements including
-
-the right for third parties to sublicense the same, in perpetuity
-
-to the extent such rights are not limited in duration under
-
-applicable law, without identifying or seeking Your
-
-consent. Notwithstanding the foregoing, You acknowledge that BCCA
-
-and its licensors will retain or own all rights in and to any
-
-pre-existing code or other technology, content and data that may be
-
-incorporated in the Improvements. For greater certainty, this
-
-Section applies solely to the Source Code and shall not give You
-
-any rights with respect to the object code or any other portion or
-
-format of the Product which use, for greater certainty, is limited
-
-as set forth in this Agreement including as set out in Section 3(b)
-
-above. You acknowledge and agree that you will provide copies of
-
-Improvements to BCCA in such format as reasonably requested by BCCA
-
-at any time upon the request of BCCA.
-
-
-
-6. CONFIDENTIALITY: You acknowledge that the Product is and
-
-incorporates confidential and proprietary information developed,
-
-acquired by or licensed to BCCA. You will take all reasonable
-
-precautions necessary to safeguard the confidentiality of the
-
-Product, and will not disclose any information about the Product to
-
-any other person without BCCA's prior written consent. You will
-
-not allow the removal or defacement of any confidential or
-
-proprietary notice placed on the Product. You acknowledge that any
-
-breach of this Section 6 will cause irreparable harm to BCCA and
-
-its licensors.
-
-
-
-7. NO WARRANTIES: THIS PRODUCT IS PROVIDED TO YOU BY BCCA IN ORDER TO
-
-ALLOW YOU TO OBTAIN ACCESS TO LEADING ACADEMIC RESEARCH. THE PRODUCT
-
-IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY
-
-KIND. NO WARRANTY, REPRESENTATION OR CONDITION EITHER EXPRESS OR
-
-IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR
-
-CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE,
-
-DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE SHALL
-
-APPLY. BCCA DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ON A
-
-CONTINUOUS OR TROUBLE FREE BASIS.
-
-
-
-8. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY
-
-APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BCCA TO
-
-YOU EXCEED THE AMOUNT YOU HAVE PAID TO ACQUIRE THE PRODUCT ("MAXIMUM
-
-AMOUNT") AND WHERE YOU HAVE NOT PAID ANY AMOUNT FOR THE PRODUCT THEN
-
-THE MAXIMUM AMOUNT SHALL BE DEEMED TO BE CDN$100.00. IN NO EVENT SHALL
-
-BCCA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
-
-DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS OR
-
-SAVINGS, REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE
-
-POSSIBILITY OF SUCH DAMAGE. EXCEPT TO THE EXTENT THAT THE LAWS OF A
-
-COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE
-
-LIMITATIONS, EXCLUSIONS AND DISCLAIMERS, THESE LIMITATIONS, EXCLUSIONS
-
-AND DISCLAIMERS SHALL APPLY WHETHER AN ACTION, CLAIM OR DEMAND ARISES
-
-FROM A BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT,
-
-NEGLIGENCE, STRICT LIABILITY OR ANY OTHER KIND OF CIVIL OR STATUTORY
-
-LIABILITY CONNECTED WITH OR ARISING FROM THIS AGREEMENT. YOU AGREE
-
-THAT THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF
-
-LIABILITY ARE FAIR IN LIGHT OF THE NATURE OF THE RIGHTS GRANTED HEREIN
-
-AND THE AMOUNT OF FEES PAID BY YOU IN RESPECT OF THE PRODUCT.
-
-
-
-9. INDEMNITY: You will indemnify, defend and hold harmless BCCA, its
-
-board of directors, staff and agents from and against any and all
-
-liability, loss, damage, action, claim or expense (including
-
-attorney's fees and costs at trial and appellate levels) in
-
-connection with any claim, suit, action, demand or judgement
-
-(collectively, "Claim") arising out of, connected with, resulting
-
-from, or sustained as a result of Your use of the Product or the
-
-downloading of the Product, including without limitation, any Claim
-
-relating to infringement of BCCA's intellectual property rights or
-
-the intellectual property rights of any third party.
-
-
-
-10. SUPPORT AND MAINTENANCE: You acknowledge and agree that, unless
-
-and to the extent expressly agreed by BCCA in a separate written
-
-document, the Product is provided to You without any support or
-
-maintenance from BCCA and, for greater certainty, BCCA shall have
-
-no obligation to issue any update or upgrade to any Product.
-
-
-
-11. TERM: This Agreement is effective until terminated. You may
-
-terminate this Agreement at any time by ceasing use of the Product
-
-and destroying or deleting any copies of the Product. This
-
-Agreement will terminate immediately without notice from BCCA if
-
-You fail to comply with any provision of this Agreement. BCCA may
-
-terminate this Agreement at any time upon notice to you where BCCA
-
-determines, in its sole discretion, that any continued use of the
-
-Product could infringe the rights of any third parties. Upon
-
-termination of this Agreement, and in any event upon BCCA
-
-delivering You notice of termination, You shall immediately purge
-
-all Products from Your computer system(s), return to BCCA all
-
-copies of the Product that are in Your possession or control, and
-
-cease any further development of any Improvements. On any
-
-termination of this Agreement Sections 1, 4, 6, 7, 8, 9, 13 and 14
-
-shall survive such termination.
-
-
-
-12. GOVERNMENT END USERS: Where any of the Product is used, duplicated
-
-or disclosed by or to the United States government or a government
-
-contractor or sub contractor, it is provided with RESTRICTED
-
-RIGHTS as defined in Title 48 CFR 52.227-19 and is subject to the
-
-following: Title 48 CFR 2.101, 52.227-19, 227.7201 through
-
-227.7202-4, FAR 52.227-14, and FAR 52.227-19(c)(1-2) and (6/87),
-
-and where applicable, the customary software license, as described
-
-in Title 48 CFR 227-7202 with respect to commercial software and
-
-commercial software documentation including DFAR 252.227-7013,
-
-DFAR 252,227-7014, DFAR 252.227-7015 and DFAR 252.7018, all as
-
-applicable.
-
-
-
-13. USE OF THE DOWNLOAD SERVICE: You acknowledge and agree that you
-
-will be responsible for all costs, charges and taxes (where
-
-applicable) arising out of Your use of the Product and the
-
-downloading of the Product. You acknowledge that You are
-
-responsible for supplying any hardware or software necessary to
-
-use the Product pursuant to this Agreement.
-
-
-
-14. GENERAL PROVISIONS:
-
-(a) This Agreement will be governed by the laws of the Province of
-
-British Columbia, and the laws of Canada applicable therein, excluding
-
-any rules of private international law that lead to the application of
-
-the laws of any other jurisdiction. The United Nations Convention on
-
-Contracts for the International Sale of Goods (1980) does not apply to
-
-this Agreement. The courts of the Province of British Columbia shall
-
-have non-exclusive jurisdiction to hear any matter arising in
-
-connection with this Agreement.
-
-(b) USE OF THE PRODUCT IS PROHIBITED IN ANY JURISDICTION WHICH DOES
-
-NOT GIVE EFFECT TO THE TERMS OF THIS AGREEMENT.
-
-(c) You agree that no joint venture, partnership, employment,
-
-consulting or agency relationship exists between You and BCCA as a
-
-result of this Agreement or Your use of the Product.
-
-(d) You hereby consent to Your contact information and any other
-
-personally identifiable information that You provide to us being
-
-disclosed to and maintained and used by us and our business partners
-
-for the purposes of (i) managing and developing our respective
-
-businesses and operations; (ii) marketing products and services to You
-
-and your staff; and (iii) developing new and enhancing existing
-
-products. You further agree that we may provide this information to
-
-other persons as required to satisfy any legal requirements and to any
-
-person that acquires some or all of the assets of BCCA. Where any of
-
-the personally identifiable information that You provide to us is in
-
-respect of individuals other than Yourself (such as Your staff) then
-
-You represent and warrant to use that You have obtained all necessary
-
-consents and authorizations from such individuals in order to comply
-
-with this provision. Please see the BCCA website for further
-
-information regarding personally identifiable information.
-
-(e) This Agreement is the entire Agreement between You and BCCA
-
-relating to this subject matter. You will not contest the validity of
-
-this Agreement merely because it is in electronic form. No
-
-modification of this Agreement will be binding, unless in writing and
-
-accepted by an authorized representative of each party.
-
-(f) The provisions of this Agreement are severable in that if any
-
-provision in the Agreement is determined to be invalid or
-
-unenforceable under any controlling body of law, that will not affect
-
-the validity or enforceability of the remaining provisions of the
-
-Agreement.
-
-(g) You agree to print out or download a copy of this Agreement and
-
-retain it for Your records.
-
-(h) You consent to the use of the English language in this Agreement.
-
-(i) You may not assign this Agreement or any of Your rights or
-
-obligations hereunder without BCCA's prior written consent. BCCA, at
-
-its sole discretion may assign this Agreement without notice to You. \ No newline at end of file