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authorRobin H. Johnson <robbat2@gentoo.org>2015-08-08 13:49:04 -0700
committerRobin H. Johnson <robbat2@gentoo.org>2015-08-08 17:38:18 -0700
commit56bd759df1d0c750a065b8c845e93d5dfa6b549d (patch)
tree3f91093cdb475e565ae857f1c5a7fd339e2d781e /licenses/phaser-com
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proj/gentoo: Initial commit
This commit represents a new era for Gentoo: Storing the gentoo-x86 tree in Git, as converted from CVS. This commit is the start of the NEW history. Any historical data is intended to be grafted onto this point. Creation process: 1. Take final CVS checkout snapshot 2. Remove ALL ChangeLog* files 3. Transform all Manifests to thin 4. Remove empty Manifests 5. Convert all stale $Header$/$Id$ CVS keywords to non-expanded Git $Id$ 5.1. Do not touch files with -kb/-ko keyword flags. Signed-off-by: Robin H. Johnson <robbat2@gentoo.org> X-Thanks: Alec Warner <antarus@gentoo.org> - did the GSoC 2006 migration tests X-Thanks: Robin H. Johnson <robbat2@gentoo.org> - infra guy, herding this project X-Thanks: Nguyen Thai Ngoc Duy <pclouds@gentoo.org> - Former Gentoo developer, wrote Git features for the migration X-Thanks: Brian Harring <ferringb@gentoo.org> - wrote much python to improve cvs2svn X-Thanks: Rich Freeman <rich0@gentoo.org> - validation scripts X-Thanks: Patrick Lauer <patrick@gentoo.org> - Gentoo dev, running new 2014 work in migration X-Thanks: Michał Górny <mgorny@gentoo.org> - scripts, QA, nagging X-Thanks: All of other Gentoo developers - many ideas and lots of paint on the bikeshed
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+Software: PHASER
+Version: 1.3
+
+This End User Licence Agreement ("Agreement") is a legal agreement between
+your company the "Licensee"
+and
+CAMBRIDGE UNIVERSITY TECHNICAL SERVICES LIMITED ("CUTS") whose registered
+office is at 16 Mill Lane, Cambridge, CB2 1SB UK.
+
+CUTS is a company wholly owned by the Chancellor, Masters and Scholars of the
+University of Cambridge which holds title in intellectual property rights
+including in the Software and carries on trading, business and technology
+transfer transactions on behalf of the University of Cambridge.
+
+CUTS is the entire legal and beneficial owner and licensor of the Software and
+is willing to license use of the Software by the Licensee. As a condition
+precedent to the execution and performance of this Licence, the Licensee
+(and/or any of its Affiliates, if applicable, the Licensee and its Affiliates
+collectively referred to as the "Licensee" for the purposes of this Agreement)
+will have paid up annual fees to the PHENIX Industry Consortium for use of
+software, including the Software which is the subject of the Licence in this
+Agreement, which has been assembled for the PHENIX Industry Consortium.
+
+Downloading the Software from its internet publication site (restricted access
+via user ID and password) at
+http://www-structmed.cimr.cam.ac.uk/phaser/download.html, installing, or use
+of the Software by the Licensee indicates the Licensee's agreement to be bound
+by the terms and conditions of this Agreement. If the Licensee does not agree
+to these terms and conditions, the Licensee may not download, install or use
+the Software.
+
+AGREED TERMS
+
+1. DEFINITIONS
+
+1.1 In this Agreement the following words and phrases shall, unless the
+context otherwise requires, have the following meanings:
+
+Commencement Date means the initial date of download of the Software from its
+internet publication site by the Licensee;
+
+Derivatives means computer programs in machine readable object code or source
+code form developed or otherwise acquired by the Licensee which are a
+modification of, enhancement to, derived from or based upon the Software;
+
+Fee means the annual licence fee payable by the Licensee to the PHENIX
+Industry Consortium;
+
+Intellectual Property Rights means all patents, copyrights, design rights,
+trade marks, service marks, trade secrets, know-how, database rights and other
+rights in the nature of intellectual property rights (whether registered or
+unregistered) and all applications for the same, anywhere in the world;
+
+Parties means CUTS and the Licensee and "Party" shall mean either of them;
+
+Software means the computer program and version listed at the head of this
+Agreement.
+
+2. GRANT OF LICENCE
+
+2.1 In consideration of the Fee, CUTS hereby grants to the Licensee a
+non-exclusive, non-transferable, royalty-free licence, commencing on the
+Commencement Date and for the duration of payment of the Fee, to download,
+install and use the Software subject to the following terms and conditions:
+
+(a) the Licensee may use the Software solely for its internal use and the
+Licensee shall not sell, give, disclose, lend, transfer, sublicense or
+otherwise distribute the Software to any third party, or allow the Software to
+be accessed over the internet or in any other manner that would allow access
+to the Software by anyone other than the Licensee's employees (and consultants
+and contractors provided such use is solely for the Licensee's internal use
+and subject to the provisions of this Agreement);
+
+(b) the Licensee may create Derivatives solely for its own internal use but
+shall not distribute the Software or any Derivatives in whole or in part to
+any third party;
+
+(c) the Software may be installed and used only on computers owned or leased
+by the Licensee;
+
+(d) the Licensee may copy the Software solely to the extent necessary to
+exercise this Licence, and for backup, disaster recovery and archival
+purposes, provided that the Licensee shall retain on all copies of the
+Software the following copyright notice: © 2000-2005. Cambridge University
+Technical Services Limited. All rights reserved.
+
+3. INTELLECTUAL PROPERTY RIGHTS
+
+3.1 The Licensee acknowledges that all Intellectual Property Rights in the
+Software belong and shall belong to CUTS and the Licensee shall have no rights
+in or to the Software other than the right to use it in accordance with the
+terms of the Licence in this Agreement.
+
+3.2 Title to and ownership of any portion of the Software incorporated into
+Derivatives shall at all times remain with CUTS and the Licensee shall not
+have any title or ownership interest therein.
+
+3.3 Title to and ownership of any portion of Derivatives created by the
+Licensee and not owned by CUTS pursuant to Clauses 3.1 and 3.2 above shall be
+held by the Licensee. Nothing contained in this Licence shall be construed to
+limit CUTS rights to modify or to develop other derivatives of the Software
+which are similar to or offer the same or similar improvements as any
+Derivatives developed by the Licensee.
+
+3.4 Error fixes, bug fixes, technical suggestions, comments and suggested
+improvements to the Software and its code are welcome by the authors of the
+Software and CUTS, and in agreeing to provide these to the authors or to CUTS
+the Licensee hereby assigns the Intellectual Property Rights in error fixes,
+bug fixes, or technical improvements to CUTS which are communicated in any
+manner or medium to the authors of the Software or CUTS with a reservation of
+use of those improvements and suggestions by the Licensee subject to the terms
+and conditions of the Licence in this Agreement.
+
+4. NO MAINTENANCE OR SUPPORT
+
+4.1 CUTS is under no obligation whatsoever to:
+
+(a) provide maintenance or support for the Software; or
+
+(b) notify the Licensee of error fixes, bug fixes, patches, or upgrades to
+the features, functionality or performance of the Software ("Enhancements")
+(if any), whether developed by CUTS or third parties. If, in its sole
+discretion, CUTS makes an Enhancement available to the Licensee and CUTS does
+not separately enter into a written licence agreement with the Licensee
+relating to such bug fix, patch or upgrade, then it shall be deemed
+incorporated into the Software and subject to this Agreement.
+
+5. DISCLAIMER OF WARRANTIES
+
+5.1 CUTS warrants that the Software will conform substantially with its
+functional specifications. Otherwise the Software is supplied "as is" without
+warranty of any kind. CUTS, its licensors and its employees:
+
+(a) 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 of third party rights;
+
+(b) do not assume any legal liability or responsibility for the accuracy,
+completeness, or usefulness of the Software;
+
+(c) do not represent that use of the Software will not infringe privately
+owned rights;
+
+(d) do not warrant that the Software will function uninterrupted, that it is
+error-free or that any errors will be corrected.
+
+6. LIMITATION OF LIABILITY
+
+6.1 In no event will CUTS or its licensors or its employees be liable to
+the Licensee 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 CUTS has been warned of the possibility of such loss or
+damages. In no event shall CUTS' liability arising from or in connection with
+this Agreement exceed a sum equivalent to the annual Fee paid by the Licensee
+to the PHENIX Industry Consortium for use of the Software.
+
+6.2 The limitations and exclusions in this Agreement shall not apply in
+respect of claims for personal injury or death caused by the negligence of
+CUTS, its licensors or its employees or in respect of fraud or fraudulent
+misrepresentation.
+
+7. INDEMNITY
+
+7.1 The Licensee shall indemnify CUTS, the Software authors, the Software
+sponsors, and their agents, officers, and employees, against any and all
+claims, suits, losses, damages, costs, fees, and expenses arising out of or in
+connection with any claim or threatened claim by any third party relating to
+or arising from the use of the Software by the Licensee. The Licensee shall
+pay all costs incurred by CUTS in enforcing this provision.
+
+8. TERM AND TERMINATION
+
+8.1 This Agreement and the Licence granted herein shall come into effect
+on the Commencement Date and will continue for the duration of payment of the
+Fee unless terminated by CUTS in accordance with this Agreement. If the
+Licensee breaches any term of this Agreement, and fails to cure such breach
+within thirty (30) days of the date of written notice, this Agreement shall
+immediately terminate. Upon such termination the Licensee shall immediately
+cease using the Software, return to CUTS or destroy all copies of the
+Software, and provide CUTS with written certification of the Licensee's
+compliance with the foregoing. Termination shall not relieve the Licensee
+from its obligations arising prior to such termination. Notwithstanding any
+provision of this Agreement to the contrary, Sections 3, 5, 6, 7, 8, 9, 10,
+13, 14 and 18 shall survive termination of this Agreement.
+
+9. CONFIDENTIALITY
+
+9.1 The Licensee agrees and undertakes that during the term of the Licence in
+this Agreement and thereafter it will keep confidential all, and will not use
+for its own purposes nor without the prior written consent of CUTS disclose to
+any third party any information of a confidential nature (including trade
+secrets and information of commercial value) which may become known to the
+Licensee and which relates to CUTS unless such information is public knowledge
+or already known to the Licensee at the time of disclosure or subsequently
+becomes public knowledge other by breach of the Licence in this Agreement or
+subsequently comes lawfully into the possession of the Licensee from a third
+party.
+
+10. NO SUBLICENSING AND NO ASSIGNMENT
+
+10.1 The Licensee shall have no right to sub-license or to assign,
+transfer, charge or deal in any other manner the benefit or burden of the
+Licence in this Agreement in whole or in part or to allow the Software to
+become the subject of any charge, lien or encumbrance without the prior
+written consent of CUTS such consent may be withheld without giving any
+reasons.
+
+11. WAIVER
+
+11.1 No forbearance or delay by either party in enforcing its rights will
+prejudice or restrict the rights of that party, and no waiver of any such
+rights or of any breach of any contractual terms will be deemed to be a waiver
+of any other right or of any later breach.
+
+12. SEVERABILITY
+
+12.1 If any provision of the Licence in this Agreement is judged to be
+illegal or unenforceable, the continuation in full force and effect of the
+remainder of the provisions will not be prejudiced.
+
+13. NO AGENCY OR PARTNERSHIP
+
+13.1 Nothing contained or implied in this Agreement constitutes a Party the
+partner, agent, or legal representative of another party or of the other Party
+for any purpose or creates any partnership, agency or trust, and no Party has
+any authority to bind the other Party in any way.
+
+14. THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
+
+14.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to
+this Agreement and nothing in this Agreement shall confer or purport to confer
+on or operate to give any third Party any benefit or any right to enforce any
+term of this Agreement except as expressly provided in this Agreement.
+
+15. NOTICES
+
+15.1 Any notice to be given under this Agreement shall be in writing and
+delivered by hand, prepaid registered post or facsimile to a Party at the
+address set out at the head of this Agreement or to such other address or fax
+number as any Party may specify in writing to another. Notices are deemed to
+have been given:
+
+(a) if delivered by hand, at the time of delivery unless delivered after 5pm
+in the place of receipt or on a non-business day, in which case the notice is
+deemed to have been given at 9am the next business day;
+
+(b) if sent by registered post from within the United Kingdom, three
+business days after posting (or seven business days if posted from outside the
+United Kingdom); and
+
+(c) if sent by facsimile, at the time the facsimile is received shown in
+the transmission report as the time that the whole facsimile was sent unless
+received after 5pm in the place of receipt or on a non-business day, in which
+case the notice is deemed to have been given at 9am the next business day.
+Any notice served by facsimile transmission shall be confirmed by post.
+
+16. ENTIRE AGREEMENT
+
+16.1 This Agreement constitutes the entire agreement and understanding of
+the Parties and supersedes all negotiations, understandings or previous
+agreement between the Parties relating to the subject matter of this
+Agreement.
+
+17. GOVERNING LAW
+
+17.1 This Agreement and any documents to be entered into pursuant to it
+shall be governed by and construed in accordance with English law and each
+Party irrevocably submits to the exclusive jurisdiction of the courts of
+England over any claim or matter arising under or in connection with this
+Agreement and the documents entered into pursuant to it.
+
+18. EXPORT CONTROL REGULATIONS
+
+18.1 'Export Control Regulations' means any United Nations trade sanctions
+or EU or UK legislation or regulation, from time to time in force, which
+impose arms embargoes or control of export of goods, technology or software.
+
+18.2 The Licensee shall ensure that, in using the Software it shall not and
+nor shall its employees or consultants or contractors breach or compromise
+directly of indirectly compliance with any Export Control Regulations.
+
+
+
+If you have any questions or feedback concerning the Software, contact
+University of Cambridge, Department of Haematology, Cambridge Institute for
+Medical Research, Wellcome Trust/MRC Building, Cambridge CB2 0XY UK.
+Attn: Professor Randy Read, or via email at cimr-phaser@lists.cam.ac.uk
+