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authorJustin Lecher <jlec@gentoo.org>2012-09-20 12:07:54 +0200
committerJustin Lecher <jlec@gentoo.org>2012-09-20 12:07:54 +0200
commit0b533dcafdc5af363bde6f3c732d266d30999d7a (patch)
treed08c90bbfa85a44c03ab428707253489e06939a1 /licenses
parentnew license (diff)
downloadsci-0b533dcafdc5af363bde6f3c732d266d30999d7a.tar.gz
sci-0b533dcafdc5af363bde6f3c732d266d30999d7a.tar.bz2
sci-0b533dcafdc5af363bde6f3c732d266d30999d7a.zip
new license
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+NON-COMMERCIAL END USER
+SOURCE CODE & BINARY LICENSE AGREEMENT
+
+Software: PHENIX (LBNL Ref. CR-1770)
+Version: 1 Alpha, Beta and General
+
+Software: LABELIT (LBNL Ref. CR-1960)
+Version: 1.1.4
+
+IMPORTANT - READ CAREFULLY: This License Agreement ("Agreement") is a
+legal agreement between you (in your capacity as an individual and as
+an agent for your company, institution or other entity) and The
+Regents of the University of California, Department of Energy
+contract-operators of the Ernest Orlando Lawrence Berkeley National
+Laboratory ("Berkeley Lab"). Downloading, installing, using, or
+copying of the Software (as defined below) by you or by a third party
+on your behalf indicates your agreement to be bound by the terms and
+conditions of this Agreement. If you do not agree to these terms and
+conditions, do not download, install or use the Software.
+
+1. LICENSE GRANT. Berkeley Lab grants you, and you hereby accept, a
+non-exclusive, royalty-free perpetual license to install, use, modify,
+and prepare derivative works the version noted above of the computer
+software program noted above, in binary and source code format, or any
+derivative work thereof, together with any associated media, printed
+materials, and on-line or electronic documentation (if any) provided
+by Berkeley Lab (collectively, the "Software") FOR INTERNAL,
+NON-COMMERCIAL, RESEARCH AND DEVELOPMENT PURPOSES ONLY, subject to the
+following terms and conditions: (i) you may not distribute, rent,
+lease, loan, or sublicense the Software to any third party, nor may
+you distribute the Software as incorporated into any derivative work
+you may create. This version of the Software constitutes a research
+prototype and may be changed substantially. The license grant set
+forth above is subject to receipt by Berkeley Lab of any required
+U.S. Department of Energy approvals.
+
+2. COPYRIGHT; RETENTION OF RIGHTS. The above license grant is
+conditioned on the following: (i) you must reproduce all copyright
+notices and other proprietary notices on any copies of the Software
+and you must not remove such notices; and (ii) in the event you
+compile the Software, you will include the copyright notice with the
+binary in such a manner as to allow it to be easily viewable. All
+copies of the Software shall be subject to the terms of this
+Agreement. Subject to approval by the U.S. Department of Energy: (a)
+you hereby acknowledge that the Software is protected by United States
+copyright law and international treaty provisions; (b) Berkeley Lab,
+and its licensors (if any), hereby reserve all rights in the Software
+which are not explicitly granted to you herein; (c) without limiting
+the generality of the foregoing, Berkeley Lab and its licensors retain
+all title, copyright, and other proprietary interests in the Software
+and any copies thereof, and you do not acquire any rights, express or
+implied, in the Software, other than those specifically set forth in
+this Agreement. Subject to Berkeley Lab's underlying copyright in the
+Software pursuant to the above, you retain all title, copyright, and
+other proprietary interests in any derivative works of the Software
+that you create and any copies thereof, and Berkeley Lab does not
+acquire any rights, express or implied, in such derivative works.
+
+3. NO MAINTENANCE OR SUPPORT; TREATMENT OF ENHANCEMENTS YOU CHOOSE TO
+PROVIDE TO BERKELEY LAB. Berkeley Lab is under no obligation
+whatsoever to: (i) provide maintenance or support for the Software; or
+(ii) notify you of bug fixes, patches, or upgrades to the features,
+functionality or performance of the Software ("Enhancements") (if
+any), whether developed by Berkeley Lab or third parties. If, in its
+sole discretion, Berkeley Lab makes an Enhancement available to you
+and Berkeley Lab does not separately enter into a written license
+agreement with you relating to such bug fix, patch or upgrade, then it
+shall be deemed incorporated into the Software and subject to this
+Agreement. You are under no obligation whatsoever to provide any
+Enhancements to Berkeley Lab that you may develop over time; however,
+if you choose to provide your Enhancements to Berkeley Lab in source
+code form without contemporaneously requiring Berkeley Lab to enter
+into a separate written license agreement for such Enhancements, then
+you hereby grant Berkeley Lab a non-exclusive, royalty-free perpetual
+license to install, use, modify, prepare derivative works, incorporate
+into the Software or other computer software, distribute, and
+sublicense your Enhancements or derivative works thereof, in binary
+and source code form.
+
+4. U.S. GOVERNMENT RIGHTS. The Software was developed under funding
+from the U.S. Department of Energy and the U.S. Government
+consequently retains certain rights as follows: the U.S. Government
+has been granted for itself and others acting on its behalf a paid-up,
+nonexclusive, irrevocable, worldwide license in the Software to
+reproduce, prepare derivative works, and perform publicly and display
+publicly. Beginning five (5) years after the date permission to
+assert copyright was granted by the U.S. Dept. of Energy, and subject
+to any subsequent five (5) year renewals, the U.S. Government is
+granted for itself and others acting on its behalf a paid-up,
+nonexclusive, irrevocable, worldwide license in the Software to
+reproduce, prepare derivative works, distribute copies to the public,
+perform publicly and display publicly, and to permit others to do so.
+
+5. CONFIDENTIALITY. You agree to take appropriate steps to ensure
+that the source code form of the Software remains confidential and is
+protected against unauthorized disclosure, use, or release, and will
+treat it with at least the same level of care as you would use to
+protect and secure your own confidential information, but in any event
+using no less than a reasonable standard of care.
+
+6. WARRANTY DISCLAIMER. THE SOFTWARE IS SUPPLIED "AS IS" WITHOUT
+WARRANTY OF ANY KIND. BERKELEY LAB, ITS LICENSORS, THE UNITED STATES,
+THE UNITED STATES DEPARTMENT OF ENERGY, AND THEIR EMPLOYEES: (1)
+DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
+TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
+PURPOSE, TITLE OR NON-INFRINGEMENT, (2) DO NOT ASSUME ANY LEGAL
+LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR
+USEFULNESS OF THE SOFTWARE, (3) DO NOT REPRESENT THAT USE OF THE
+SOFTWARE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, (4) DO NOT WARRANT
+THAT THE SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE
+OR THAT ANY ERRORS WILL BE CORRECTED.
+
+7. LIMITATION OF LIABILITY. IN NO EVENT WILL BERKELEY LAB OR ITS
+LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
+SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT
+LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON WHATSOEVER,
+WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT
+(INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF
+BERKELEY LAB HAS BEEN WARNED OF THE POSSIBILITY OF SUCH LOSS OR
+DAMAGES. IN NO EVENT SHALL BERKELEY LAB'S LIABILITY FOR DAMAGES
+ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT
+PAID BY YOU FOR THE SOFTWARE.
+
+8. INDEMNITY. You shall indemnify, defend, and hold harmless
+Berkeley Lab, the U.S. Government, the Software developers, the
+Software sponsors, and their agents, officers, and employees, against
+any and all claims, suits, losses, damage, costs, fees, and expenses
+arising out of or in connection with this Agreement. You shall pay
+all costs incurred by Berkeley Lab in enforcing this provision,
+including reasonable attorney fees.
+
+9. TERM AND TERMINATION. The license granted to you under this
+Agreement will continue perpetually unless terminated by Berkeley Lab
+in accordance with this Agreement. If you breach any term of this
+Agreement, and fail to cure such breach within thirty (30) days of the
+date of written notice, this Agreement shall immediately
+terminate. Upon such termination, you shall immediately cease using
+the Software, return to Berkeley Lab, or destroy, all copies of the
+Software, and provide Berkeley Lab with written certification of your
+compliance with the foregoing. Termination shall not relieve you from
+your obligations arising prior to such termination. Notwithstanding
+any provision of this Agreement to the contrary, Sections 5 through 12
+shall survive termination of this Agreement.
+
+10. EXPORT CONTROLS. You shall observe all applicable United States
+and foreign laws and regulations (if any) with respect to the export,
+re-export, diversion or transfer of the Software, related technical
+data and direct products thereof, including, without limitation, the
+International Traffic in Arms Regulations (ITAR) and the Export
+Administration Regulations.
+
+11. NO ENDORSEMENT. In accordance with California Education Code
+Section 92000, you shall not use in advertising, publicity or other
+promotional activities any name, trade name, trademark, or other
+designation of the University of California, nor shall you so use
+"Ernest Orlando Lawrence Berkeley National Laboratory" or "United
+States Department of Energy" (including any contraction, abbreviation,
+or simulation of any of the foregoing) without Berkeley Lab's prior
+written consent.
+
+12. GENERAL. This Agreement shall be governed by the laws of the
+State of California, excluding its rules governing conflicts of laws.
+No provision in either party's purchase orders, or in any other
+business forms employed by either party will supersede the terms of
+this Agreement, and no modification or amendment of this Agreement is
+binding, unless in writing signed by a duly authorized representative
+of each party. This Agreement is binding upon and shall inure to the
+benefit of Berkeley Lab, its successors and assigns. This Agreement
+represents the entire understanding of the parties, and supersedes all
+previous communications, written or oral, relating to the subject of
+this Agreement. If you have any questions concerning this license,
+contact Lawrence Berkeley National Laboratory, Technology Transfer
+Department, One Cyclotron Road, MS 90R1070, Berkeley, CA 94720, Attn:
+Software Licensing or via e-mail at TTD@lbl.gov. (rev 010903)