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Diffstat (limited to 'sci-biology/tmhmm/tmhmm')
| -rw-r--r-- | sci-biology/tmhmm/tmhmm | 217 |
1 files changed, 0 insertions, 217 deletions
diff --git a/sci-biology/tmhmm/tmhmm b/sci-biology/tmhmm/tmhmm deleted file mode 100644 index 529d135d5..000000000 --- a/sci-biology/tmhmm/tmhmm +++ /dev/null @@ -1,217 +0,0 @@ - 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. |