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authorAndreas K. Huettel (dilfridge) <mail@akhuettel.de>2010-06-27 22:32:41 +0200
committerAndreas K. Huettel (dilfridge) <mail@akhuettel.de>2010-06-27 22:32:41 +0200
commit58ef8736b579e51a467110222309dff3db41cd00 (patch)
tree0dfe0c78c3a90c47753757de33b684b0d72866fc /licenses/tmhmm
parent[sci-biology/twinscan] QA fixes (diff)
downloadsci-58ef8736b579e51a467110222309dff3db41cd00.tar.gz
sci-58ef8736b579e51a467110222309dff3db41cd00.tar.bz2
sci-58ef8736b579e51a467110222309dff3db41cd00.zip
[licenses] Added tmhmm license as referenced in sci-biology/tmhmm
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diff --git a/licenses/tmhmm b/licenses/tmhmm
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+ 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 (software@cbs.dtu.dk). 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.