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diff --git a/licenses/phenix b/licenses/phenix new file mode 100644 index 000000000..0b6c5c08c --- /dev/null +++ b/licenses/phenix @@ -0,0 +1,174 @@ +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) |