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authorMichał Górny <mgorny@gentoo.org>2022-02-12 17:45:41 +0100
committerMichał Górny <mgorny@gentoo.org>2022-02-12 17:50:00 +0100
commit3a0a0f9f0bd1ec489781acf4864936c8d69bcf78 (patch)
tree1560caa3c7502b38bfc6f9a94295c70ac44eb769 /licenses/abyss
parentprofiles: Clean up obsolete entries (diff)
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licenses: Remove unused
Signed-off-by: Michał Górny <mgorny@gentoo.org>
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-ABySS
-Copyright 2009 Genome Sciences Centre
-All rights reserved.
-
-Abyss SOFTWARE LICENSE AGREEMENT (ACADEMIC USE)
-CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. This License
-Agreement (the "Agreement") is a legal contract between you, your
-employer, educational institution or organization (collectively, "You")
-and the British Columbia Cancer Agency ("BCCA") with respect to the
-license of ABySS, including all associated
-documentation (collectively, the "Product").
-
-BCCA is willing to license the Product to You only if You accept the
-terms and conditions of this Agreement. By clicking on the "I ACCEPT"
-button, or by copying, downloading, accessing or otherwise using the
-Product, You automatically agree to be bound by the terms of this
-Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS
-AGREEMENT, DO NOT COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THE
-PRODUCT.
-
-1. AUTHORITY: In the event that You are an educational institution or
- organization, Your representative who is clicking the "I ACCEPT"
- button, or otherwise copying, downloading, accessing or using the
- Product hereby, in their personal capacity, represents and warrants
- that they possess the legal authority to enter into this Agreement
- on Your behalf and to bind You to the terms of this Agreement.
-
-2. LICENSE TO USE: BCCA hereby grants to You a personal,
- non-exclusive, non-transferable, limited license to use the Product
- solely for internal, non-commercial use for non-profit research or
- educational purposes only on the terms and conditions contained in
- this Agreement. The Product may be installed on a maximum of one
- machine per Qualified User at Your premises only. A copy of the
- Product installed on a single common machine may be shared for
- internal use by Qualified Users only. In order to be a "Qualified
- User", an individual must be a student, researcher, professor,
- instructor or staff member of a non-profit educational institution
- or organization who uses the Product solely for non-profit research
- or educational purposes.
-
-3. RESTRICTIONS: You acknowledge and agree that You shall not, and
-shall not authorize any third party to:
-(a) make copies of the Product, except as provided in Section 2 and
-except for a single backup copy, and any such copy together with the
-original must be kept in Your possession or control;
-(b) modify, adapt, decompile, disassemble, translate into another
-computer language, create derivative works of, or otherwise reverse
-engineer the Product, or disclose any trade secrets relating to the
-Product, except as permitted in Section 5;
-(c) license, sublicense, distribute, sell, lease, transfer, assign,
-trade, rent or publish the Product or any part thereof and/or copies
-thereof, to any third party;
-(d) use the Product to process any data other than Your own;
-(e) use the Product or any part thereof for any commercial or
-for-profit purpose or any other purpose other than as permitted in
-Section 2; or
-(f) use, without its express permission, the name of BCCA.
-
-4. INTELLECTUAL PROPERTY RIGHTS: Subject to Section 5 below, all
- patents, copyrights, trade secrets, service marks, trademarks and
- other proprietary rights in or related to the Product and any
- improvements, modifications and enhancements thereof are and will
- remain the exclusive property of BCCA or its licensors. You agree
- that You will not, either during or after the termination of this
- Agreement, contest or challenge the title to or the intellectual
- property rights of BCCA or its licensors in the Product or any
- portion thereof.
-
-5. OWNERSHIP OF IMPROVEMENTS: In the event that the Product, in the
- form provided to You, includes source code (the "Source Code"),
- You are entitled to make improvements, modifications and
- enhancements to the Source Code (collectively, "Improvements")
- which Improvements are to be used by You for non-profit research
- and educational purposes only and You shall be the owner of those
- Improvements that You directly make and of all intellectual
- property rights to such Improvements, subject to the foregoing
- limits on Your use and distribution of such Improvements. You
- hereby grant to BCCA a perpetual, non-exclusive, worldwide,
- fully-paid, irrevocable license to use such Improvements for any
- purposes whatsoever, and to sublicense such Improvements including
- the right for third parties to sublicense the same, in perpetuity
- to the extent such rights are not limited in duration under
- applicable law, without identifying or seeking Your
- consent. Notwithstanding the foregoing, You acknowledge that BCCA
- and its licensors will retain or own all rights in and to any
- pre-existing code or other technology, content and data that may be
- incorporated in the Improvements. For greater certainty, this
- Section applies solely to the Source Code and shall not give You
- any rights with respect to the object code or any other portion or
- format of the Product which use, for greater certainty, is limited
- as set forth in this Agreement including as set out in Section 3(b)
- above. You acknowledge and agree that you will provide copies of
- Improvements to BCCA in such format as reasonably requested by BCCA
- at any time upon the request of BCCA.
-
-6. CONFIDENTIALITY: You acknowledge that the Product is and
- incorporates confidential and proprietary information developed,
- acquired by or licensed to BCCA. You will take all reasonable
- precautions necessary to safeguard the confidentiality of the
- Product, and will not disclose any information about the Product to
- any other person without BCCA's prior written consent. You will
- not allow the removal or defacement of any confidential or
- proprietary notice placed on the Product. You acknowledge that any
- breach of this Section 6 will cause irreparable harm to BCCA and
- its licensors.
-
-7. NO WARRANTIES: THIS PRODUCT IS PROVIDED TO YOU BY BCCA IN ORDER TO
-ALLOW YOU TO OBTAIN ACCESS TO LEADING ACADEMIC RESEARCH. THE PRODUCT
-IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY
-KIND. NO WARRANTY, REPRESENTATION OR CONDITION EITHER EXPRESS OR
-IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR
-CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE,
-DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE SHALL
-APPLY. BCCA DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ON A
-CONTINUOUS OR TROUBLE FREE BASIS.
-
-8. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY
-APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BCCA TO
-YOU EXCEED THE AMOUNT YOU HAVE PAID TO ACQUIRE THE PRODUCT ("MAXIMUM
-AMOUNT") AND WHERE YOU HAVE NOT PAID ANY AMOUNT FOR THE PRODUCT THEN
-THE MAXIMUM AMOUNT SHALL BE DEEMED TO BE CDN$100.00. IN NO EVENT SHALL
-BCCA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
-DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS OR
-SAVINGS, REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE
-POSSIBILITY OF SUCH DAMAGE. EXCEPT TO THE EXTENT THAT THE LAWS OF A
-COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE
-LIMITATIONS, EXCLUSIONS AND DISCLAIMERS, THESE LIMITATIONS, EXCLUSIONS
-AND DISCLAIMERS SHALL APPLY WHETHER AN ACTION, CLAIM OR DEMAND ARISES
-FROM A BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT,
-NEGLIGENCE, STRICT LIABILITY OR ANY OTHER KIND OF CIVIL OR STATUTORY
-LIABILITY CONNECTED WITH OR ARISING FROM THIS AGREEMENT. YOU AGREE
-THAT THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF
-LIABILITY ARE FAIR IN LIGHT OF THE NATURE OF THE RIGHTS GRANTED HEREIN
-AND THE AMOUNT OF FEES PAID BY YOU IN RESPECT OF THE PRODUCT.
-
-9. INDEMNITY: You will indemnify, defend and hold harmless BCCA, its
- board of directors, staff and agents from and against any and all
- liability, loss, damage, action, claim or expense (including
- attorney's fees and costs at trial and appellate levels) in
- connection with any claim, suit, action, demand or judgement
- (collectively, "Claim") arising out of, connected with, resulting
- from, or sustained as a result of Your use of the Product or the
- downloading of the Product, including without limitation, any Claim
- relating to infringement of BCCA's intellectual property rights or
- the intellectual property rights of any third party.
-
-10. SUPPORT AND MAINTENANCE: You acknowledge and agree that, unless
- and to the extent expressly agreed by BCCA in a separate written
- document, the Product is provided to You without any support or
- maintenance from BCCA and, for greater certainty, BCCA shall have
- no obligation to issue any update or upgrade to any Product.
-
-11. TERM: This Agreement is effective until terminated. You may
- terminate this Agreement at any time by ceasing use of the Product
- and destroying or deleting any copies of the Product. This
- Agreement will terminate immediately without notice from BCCA if
- You fail to comply with any provision of this Agreement. BCCA may
- terminate this Agreement at any time upon notice to you where BCCA
- determines, in its sole discretion, that any continued use of the
- Product could infringe the rights of any third parties. Upon
- termination of this Agreement, and in any event upon BCCA
- delivering You notice of termination, You shall immediately purge
- all Products from Your computer system(s), return to BCCA all
- copies of the Product that are in Your possession or control, and
- cease any further development of any Improvements. On any
- termination of this Agreement Sections 1, 4, 6, 7, 8, 9, 13 and 14
- shall survive such termination.
-
-12. GOVERNMENT END USERS: Where any of the Product is used, duplicated
- or disclosed by or to the United States government or a government
- contractor or sub contractor, it is provided with RESTRICTED
- RIGHTS as defined in Title 48 CFR 52.227-19 and is subject to the
- following: Title 48 CFR 2.101, 52.227-19, 227.7201 through
- 227.7202-4, FAR 52.227-14, and FAR 52.227-19(c)(1-2) and (6/87),
- and where applicable, the customary software license, as described
- in Title 48 CFR 227-7202 with respect to commercial software and
- commercial software documentation including DFAR 252.227-7013,
- DFAR 252,227-7014, DFAR 252.227-7015 and DFAR 252.7018, all as
- applicable.
-
-13. USE OF THE DOWNLOAD SERVICE: You acknowledge and agree that you
- will be responsible for all costs, charges and taxes (where
- applicable) arising out of Your use of the Product and the
- downloading of the Product. You acknowledge that You are
- responsible for supplying any hardware or software necessary to
- use the Product pursuant to this Agreement.
-
-14. GENERAL PROVISIONS:
-(a) This Agreement will be governed by the laws of the Province of
-British Columbia, and the laws of Canada applicable therein, excluding
-any rules of private international law that lead to the application of
-the laws of any other jurisdiction. The United Nations Convention on
-Contracts for the International Sale of Goods (1980) does not apply to
-this Agreement. The courts of the Province of British Columbia shall
-have non-exclusive jurisdiction to hear any matter arising in
-connection with this Agreement.
-(b) USE OF THE PRODUCT IS PROHIBITED IN ANY JURISDICTION WHICH DOES
-NOT GIVE EFFECT TO THE TERMS OF THIS AGREEMENT.
-(c) You agree that no joint venture, partnership, employment,
-consulting or agency relationship exists between You and BCCA as a
-result of this Agreement or Your use of the Product.
-(d) You hereby consent to Your contact information and any other
-personally identifiable information that You provide to us being
-disclosed to and maintained and used by us and our business partners
-for the purposes of (i) managing and developing our respective
-businesses and operations; (ii) marketing products and services to You
-and your staff; and (iii) developing new and enhancing existing
-products. You further agree that we may provide this information to
-other persons as required to satisfy any legal requirements and to any
-person that acquires some or all of the assets of BCCA. Where any of
-the personally identifiable information that You provide to us is in
-respect of individuals other than Yourself (such as Your staff) then
-You represent and warrant to use that You have obtained all necessary
-consents and authorizations from such individuals in order to comply
-with this provision. Please see the BCCA website for further
-information regarding personally identifiable information.
-(e) This Agreement is the entire Agreement between You and BCCA
-relating to this subject matter. You will not contest the validity of
-this Agreement merely because it is in electronic form. No
-modification of this Agreement will be binding, unless in writing and
-accepted by an authorized representative of each party.
-(f) The provisions of this Agreement are severable in that if any
-provision in the Agreement is determined to be invalid or
-unenforceable under any controlling body of law, that will not affect
-the validity or enforceability of the remaining provisions of the
-Agreement.
-(g) You agree to print out or download a copy of this Agreement and
-retain it for Your records.
-(h) You consent to the use of the English language in this Agreement.
-(i) You may not assign this Agreement or any of Your rights or
-obligations hereunder without BCCA's prior written consent. BCCA, at
-its sole discretion may assign this Agreement without notice to You.