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diff --git a/licenses/GSL b/licenses/GSL new file mode 100644 index 000000000..38014b153 --- /dev/null +++ b/licenses/GSL @@ -0,0 +1,221 @@ + END USER LICENSE AGREEMENT + + NOTICE: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL + AGREEMENT BETWEEN YOU (EITHER AS AN INDIVIDUAL OR AN ENTITY) AND GSL + BIOTECH LLC ("GSL"). PLEASE READ IT CAREFULLY BEFORE COMPLETING THE + INSTALLATION PROCESS AND USING THE SOFTWARE. THIS AGREEMENT PROVIDES A + LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND + LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE + CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY + THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE + TERMS, THEN DO NOT INSTALL THE SOFTWARE, AND RETURN THE SOFTWARE TO GSL. + + 1. Recitals + + 1. This End User License Agreement ("EULA") is a legal agreement + between you (either an individual person or a single legal + entity, who will be referred to in this EULA as "End User", and + GSL Biotech LLC ("GSL") for the SnapGene software product + ("Software") or SnapGene Viewer software product ("Freeware") + that accompanies this EULA, including any associated media, + printed materials and electronic documentation. + 2. The Software or Freeware also includes any software updates, + add-on components, web services and/or supplements that GSL may + provide to End User or make available to End User after the date + End User obtains the initial copy of the Software or Freeware, to + the extent that such items are not accompanied by a separate + license agreement or terms of use. By installing, copying, + downloading, accessing or otherwise using the Software or + Freeware, End User agrees to be bound by the terms of this EULA. + If End User does not agree to the terms of this EULA, End User + should not install, access or use the Software or Freeware. + + 2. License Grants + + 1. Freeware License. GSL grants End User an unlimited license to use + the Freeware. The install packages for the Freeware can be + redistributed without restriction, and can be used for both + commercial and non-commercial purposes. + 2. Trial Period License. End User may download and use the Software + for free for thirty (30) days after installation ("Trial + Period"). During the Trial Period, GSL grants End User a limited, + non-exclusive, non-transferable, non-renewable license to copy + and use the Software for evaluation purposes only. At GSL's + discretion, GSL may provide limited support through email or + discussion forums at GSL's website. The evaluation copy of the + Software contains a feature that will automatically disable + certain features of the Software at the end of Trial Period. GSL + will have no liability to End User if this feature disables the + Software. + 3. License After Trial Period. This Software is licensed, not sold. + End User has the option of paying a license fee in order to use + the Software after the expiration of the Trial Period. Upon + payment of the license fee, GSL provides End User with a + registration number, and grants End User a limited, + non-exclusive, non-transferable license as outlined in Sections + 2.d through Section 2.g and in Section 3. + 4. Computer-Specific License. Under the terms of a Computer-Specific + License for the Software, End User may activate each license only + on a single computer, and may use the Software only on that + computer. The Software may not be accessed remotely. + 5. Floating License. Under the terms of a Floating License for the + Software, End User may install the Software on an unlimited + number of computers. All computers using the Software must have + the ability to communicate with a license server. The number of + users who may run the Software concurrently must not at any time + exceed the number of Floating Licenses purchased. + 6. Unlimited License. Under the terms of an Unlimited License for + the Software, End User may install and use the Software on an + unlimited number of computers with IP addresses in a specified IP + range as agreed to by GSL and End User. + 7. The Software or Freeware is for educational and non-commercial or + commercial research purposes only. GSL makes no representation + that the Software or Freeware is a clinically approved medical + device, and End User understands and accepts that any result or + its display presented in whatever form obtained using the + Software or Freeware must not be used for any purpose other than + education or research. + + 3. License Restrictions + + 1. End User may use the Software only on the permitted number of + computers. + 2. End User may make one copy of the Software solely for backup + purposes. Any backup copy must contain all copyright notices and + any other proprietary legends on the original copy of the + Software. End User may not sell or transfer any copy of the + Software made for backup purposes. + 3. End User's license rights under this EULA are non-exclusive and + non-assignable. + 4. Other than as set forth in Section 3.b, End User may not make + copies of the Software or electronically transfer the Software + from one computer to another. + 5. End User may not alter, merge, modify, adapt, translate, + decompile, reverse engineer, disassemble, or otherwise reduce the + Software to a human-perceivable form. + 6. End User may not rent, lease, or sublicense the Software. + 7. End User may not create derivative works based upon the Software. + 8. End User may not export the Software into any country to which + such export is prohibited by the United States Export + Administration Act. + 9. In the event that End User fails to comply with this EULA, GSL + and its distributors may, in addition to seeking any damages, + terminate the license. Upon termination, End User must destroy + all copies of the Software (with all other rights of both parties + and all other provisions of this EULA surviving any such + termination). + + 4. Ownership + + The foregoing license gives End User a limited license to use the + Software. GSL retains all rights, title and interest, including all + copyright and intellectual property rights, in and to the Software and + all copies thereof. The Software is protected by the copyright laws of + the United States and other countries. All rights not expressly + granted in this EULA are reserved by GSL. + + 5. LIMITED WARRANTY AND DISCLAIMER + + 1. GSL warrants that, for a period of ninety (90) days, the Software + will perform in substantial conformance with published + specifications for the Software. + 2. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH + RESPECT TO THE SOFTWARE, GSL DISCLAIMS ALL OTHER WARRANTIES AND + REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, + INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A + PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF + NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. GSL DOES NOT + WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT + INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED + FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS. + 3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE + SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY + (90) DAYS FROM THE DATE OF DELIVERY. + 4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GSL SHALL + CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY + WARRANTY PROVIDED HEREIN. + 5. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED + WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO END USER. + THIS WARRANTY GIVES END USER SPECIFIC LEGAL RIGHTS AND END USER + MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. + + 6. Exclusive Remedy + + End User's exclusive remedy is to return the Software to GSL. Provided + that any non-compliance with the above warranty is reported in writing + to GSL no more than ninety (90) days following delivery to End User, + GSL will use reasonable commercial efforts to supply End User with a + replacement copy of the Software that substantially conforms to + published specifications, provide a replacement for defective media, + or refund to End User the purchase price for the Software, at its + option. GSL shall have no responsibility if the Software has been + altered in any way, or if the media has been damaged by misuse, + accident, abuse, modification or misapplication. Any such misuse, + accident, abuse, modification or misapplication of the Software will + void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY + AVAILABLE TO END USER FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH + RESPECT TO THE SOFTWARE. + + 7. LIMITATION OF LIABILITY + + 1. GSL SHALL NOT BE LIABLE TO END USER OR ANY THIRD PARTY FOR ANY + INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL + DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY + TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF + PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE + USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY + OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, + TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN + IF GSL OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE + POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN + IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE. + 2. GSL'S TOTAL LIABILITY TO END USER FOR ACTUAL DAMAGES FOR ANY + CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT END USER PAID FOR + THE SOFTWARE. + 3. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION + OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE + ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO END USER AND END + USER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO + STATE. + 4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO + THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF + THIS EULA. + + 8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND + + This Software and the documentation are provided with "RESTRICTED + RIGHTS" applicable to private and public licenses alike. Without + limiting the foregoing, use, duplication, or disclosure by the U.S. + Government is subject to restrictions as set forth in this EULA and as + provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS + 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, + or FAR 52.227-14, as applicable. Manufacturer: GSL Biotech LLC + + 9. General + + This EULA shall be governed by the internal laws of the State of + Illinois, USA. In each case this EULA shall be construed and enforced + without regard to the United Nations Convention on the International + Sale of Goods. + + This EULA contains the complete agreement between the parties with + respect to the subject matter hereof, and supersedes all prior or + contemporaneous agreements or understandings, whether oral or written. + End User agrees that any varying or additional terms contained in any + purchase order or other written notification or document issued by End + User in relation to the Software licensed hereunder shall be of no + effect. The failure or delay of GSL to exercise any of its rights + under this EULA or upon any breach of this EULA shall not be deemed a + waiver of those rights or of the breach. + + If any provision of this EULA shall be held by a court of competent + jurisdiction to be contrary to law, then that provision will be + enforced to the maximum extent permissible and the remaining + provisions of this EULA will remain in full force and effect. + + All questions concerning this EULA shall be directed to GSL. This EULA + does not authorize End User to use the trademarks of GSL or its + suppliers. + + GSL Biotech LLC + July 18th, 2017 |