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+(Academic Use)
+COUNCILS, an executive Non-Departmental Public Body established as a Research
+Council by Royal Charter under the Science and Technology Act 1965 (“CCLRC”);
+offices are at [insert address] ("the Licensee").
+CCLRC has assembled the CCP4 suite of software applications and libraries with
+from the Biotechnology and Biological Sciences Research Council, as part of the
+Collaborative Computational Project Number 4.
+The CCP4 Software Suite comprises:
+a) applications and libraries distributed in source code, that the Licensee may
+free of charge for Academic Purposes, subject to the terms of clauses 2.1-2.4 of
+this Agreement;
+b) applications and libraries distributed in source code, that the Licensee may
+free of charge, subject to the terms of the LGPL or the GPL; and
+c) third party software that is included in the CCP4 suite of programs and that
+licensed by a third party on that third party's terms and conditions.
+1.1 In this Agreement the following expressions have the meaning set opposite:
+Academic Purposes: fundamental or basic research or academic teaching,
+including any fundamental research that is funded by any
+public or charitable body, but not any purpose that
+generates revenue (as opposed to grant income) for the
+Licensee or any third party. Any research that is wholly or
+partially sponsored by any profit making organisation or
+that is carried out for the benefit of any profit-making
+organisation is not an Academic Purpose;
+an Application: a software program designed to provide a specific function
+for the user;
+the CCP4 Software: the Libraries and Applications distributed by CCLRC from
+time to time as part of the CCP4 Software Suite, except
+the GNU Software and the Third Party Software;
+the CCP4 Website: the website with the URL;
+the Current Release: Version 5.0 of the Software, and all later versions that
+CCLRC decides may be used under this Agreement;
+a Derived Work: any modification of, or enhancement or improvement to,
+any of the Software and any software or other work
+developed or derived from, or based on, any of the
+Software, or that incorporates any of the Software;
+the LGPL: the GNU Lesser General Public Licence, a copy of which
+appears in Appendix A to this Agreement;
+the GPL: the GNU General Public Licence, a copy of which appears
+in Appendix B to this Agreement;
+the GNU Software: the open source Libraries and Applications that are listed
+on the CCP4 Website from time to time as being subject
+to, respectively, the terms of the LGPL or the GPL;
+a Harmful Element: any virus, worm, time bomb, time lock, drop dead device,
+trap and access code or anything else that might disrupt,
+disable, harm or impede the operation of any information
+system, or that might corrupt, damage, destroy or render
+inaccessible any software, data or file on, or that may
+allow any unauthorised person to gain access to, any
+information system or any software, data or file on it;
+Intellectual Property: patents, trade marks, service marks, registered designs,
+copyrights, database rights, design rights, know-how,
+confidential information, applications for any of the above,
+and any similar right recognised from time to time in any
+jurisdiction, together with all rights of action in relation to
+the infringement of any of the above;
+a Library: a collection of reusable programming routines, software
+functions or data that may be linked to, or used with, an
+the Licence Period: the period beginning when the Licensee posts or faxes the
+completed and signed copy of this Agreement to CCLRC
+in accordance with clause 5.1, and ending on the
+termination of this Agreement under clause 5.2;
+the Software: the suite of programs known as CCP4, comprising the
+GNU Software, the CCP4 Software and the Third Party
+Software; and
+the Third Party Software Procheck, FFTw, libjpeg, CBF, Astexviewer, Rasmol and
+The CCP4 Software
+2.1 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free
+licence to use,
+copy, modify, and enhance and distribute the CCP4 Libraries during the Licence
+on the terms and conditions of this Agreement provided that:
+2.1.1 the Licensee may distribute, or supply any CCP4 Library or any Derived
+based on that Library, and may allow any third party to use any CCP4 Library or
+Derived Work based on that Library, solely on condition that the recipient of
+CCP4 Library or that Derived Work will comply with clause 2.1.2 below as though
+were named instead of the Licensee in that clause; and
+2.1.2 the Licensee will notify CCLRC of any Derived Work made by or for the
+Licensee, or
+by any of its employees or students, based on any CCP4 Library, and will provide
+CCLRC with a copy of that Derived Work (in source code) within one year after it
+was made. The Licensee grants CCLRC an irrevocable, indefinite licence to make
+that Derived Work available to any third party on such terms and conditions as
+CCLRC may from time to time decide. This clause does not apply to any
+executable program based on or combined with a Library, or to any Derived Work
+that the Licensee distributes under the LGPL or the GPL.
+2.2 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free
+licence to use
+and copy the CCP4 Applications during the Licence Period on the terms and
+conditions of
+this Agreement provided that:
+2.2.1 the Licensee may not distribute any CCP4 Application or any Derived Work
+on any CCP4 Application to any third party, or share their use with any third
+(whether free of charge or otherwise); and
+2.2.2 the Licensee may not copy any CCP4 Application except for the purposes of
+a reasonable number of back-up copies, nor may the Licensee modify any CCP4
+Application or create any Derived Work based on any CCP4 Application except for
+the purpose of error correction. The Licensee will provide CCLRC with a copy of
+correction made by the Licensee (in source code) within one year after it was
+The licensee grants CCLRC an irrevocable, indefinite licence to make that
+correction available to any third party on such terms and conditions as CCLRC
+from time to time decide.
+2.3 The CCP4 Software and any Derived Work based on any part of the CCP4
+Software may
+be used by the Licensee and its employees and registered students for Academic
+Purposes only.
+2.4 The licences granted in this clause 2 relate only to the Current Release.
+The Licensee
+must acquire a new licence for any future version of the Software that CCLRC
+requires a new or further licence.
+The GNU Software
+2.5 The GNU Software is supplied to the Licensee on the terms and conditions of
+the LGPL
+or the GPL as indicated on the CCP4 Website from time to time. By entering into
+Agreement the Licensee agrees to comply with the terms of the LGPL or the GPL
+as so
+The Third Party Software
+2.6 The Third Party Software is supplied to the Licensee on the terms and
+conditions imposed
+by the third party owner or licensor. By entering into this Agreement the
+Licensee agrees
+to comply with those terms and conditions.
+The Software
+2.7 The Licensee will not tamper with or remove any copyright or other
+proprietary notice or
+any disclaimer that appears on or in any part of the Software, and will
+reproduce the
+same in all copies of any of the Software and in all Derived Works.
+3.1 The Software is provided for Academic Purposes free of charge. Therefore
+CCLRC and
+its licensors give no warranty and make no representation in relation to the
+Software or
+any assistance or advice that CCLRC may give in connection with the Software.
+Licensee, its employees and students and anyone to whom the Licensee makes the
+Software or any Derived Work available, use them at their own risk. The Licensee
+will indemnify CCLRC against any claim made by any third party to whom the
+has made the Software or any Derived Work available.
+3.2 Before using any of the software, the Licensee will check that the Software
+does not
+contain any Harmful Element. Neither CCLRC nor its licensors warrants that the
+will run without interruption or be error free, or free from any Harmful
+Element. CCLRC is
+not obliged to provide any support or error correction service, assistance or
+advice in
+relation to the Software. If it does provide that sort of service, assistance
+or advice,
+subject to clause 3.7, CCLRC will not be liable for any loss or damage suffered
+by the
+Licensee as a result.
+3.3 Neither CCLRC nor any of its licensors will be liable to the Licensee to
+the extent that any
+loss or damage is caused by the Licensee's failure to implement, or the
+Licensee's delay
+in implementing, any upgrade, update, new release, revision, version or
+modification of, or
+advice in relation to, the Software that would have remedied or mitigated the
+effects of
+any error, defect, bug or deficiency.
+3.4 The Licensee acknowledges that proper use of the Software and any Derived
+Work is
+dependent on the Licensee, its employees and students exercising proper skill
+and care
+in inputting data and interpreting the output provided by the Software or that
+Work. CCLRC and its licensors will not be liable for the consequences of
+decisions taken
+by the Licensee or any other person on the basis of that output. CCLRC does not
+any responsibility for any use which may be made by the Licensee of that
+output, nor for
+any reliance which may be placed on that output, nor for advice or information
+given in
+connection with that output.
+3.5 Subject to clause 3.7, CCLRC's liability for any breach of this Agreement,
+any negligence
+or arising in any other way out of the subject matter of this Agreement, will
+not extend to
+any incidental or consequential damages or losses, or any loss of profits, loss
+of revenue,
+loss of data, loss of contracts or opportunity, whether direct or indirect,
+even if the
+Licensee has advised CCLRC of the possibility of those losses arising or if
+they were or
+are within CCLRC's contemplation. CCLRC’s licensors will not be liable to the
+for any loss or damage, however caused (including by negligence) and whether
+direct or
+3.6 Subject to clause 3.7, the aggregate liability of CCLRC for any breach of
+this Agreement,
+any negligence or arising in any other way out of the subject matter of this
+Agreement will
+not exceed £50,000.
+3.7 Nothing in this Agreement (including without limitation the LGPL or the
+GPL, as
+applicable) limits or excludes CCLRC's liability for death or personal injury
+caused by its
+negligence or for any fraud, or for any sort of liability that, by law, cannot
+be limited or
+3.8 In addition to the terms and conditions of the LGPL or the GPL (as
+applicable), and the
+terms that apply to any Third Party Software, the terms of this clause 3 apply
+between CCLRC and the Licensee, and the validity of any part of this clause 3
+will not
+be affected by any part of the LGPL or the GPL or the terms that apply to any
+Party Software being held to be invalid by any court.
+3.9 The express undertakings and given by CCLRC in this Agreement and the terms
+of this
+Agreement are in lieu of all warranties, conditions, terms, undertakings and
+on the part of CCLRC, whether express or implied by statute, common law, custom,
+trade usage, course of dealing or in any other way. All of these are excluded
+to the
+fullest extent permitted by law.
+4.1 Nothing in this Agreement assigns or transfers any Intellectual Property
+Rights in any of
+the Software. Those rights are reserved to CCLRC or its licensors.
+4.2 The Licensee will ensure that, if any of its employees or students publish
+any article or
+other material resulting from, or relating to, a project or work undertaken
+with the
+assistance of any part of the Software, that publication will contain a proper
+acknowledgement or citation as indicated from time to time on the CCP4 Website.
+5.1 This Agreement will take effect and the Licence Period will start when a
+completed copy
+of this Agreement, signed on behalf of the Licensee, has been posted to the
+Secretary to
+CCP4, at CCLRC, Daresbury Laboratory, Warrington WA 4 4AD, or faxed to :+44 1925
+603825 (or to any other address or fax number given for this purpose on the CCP4
+website at the time the Licensee downloads this form of Licence Agreement from
+5.2 This Agreement will terminate immediately and automatically if:
+5.2.1 the Licensee is in breach of this Agreement; or
+5.2.2 the Licensee becomes insolvent, or if an order is made or a resolution is
+passed for
+its winding up (except voluntarily for the purpose of solvent amalgamation or
+reconstruction), or if an administrator, administrative receiver or receiver is
+appointed over the whole or any part of its assets, or if it makes any
+with its creditors.
+5.3 The Licensee's right to use the Software will cease immediately on the
+termination of this
+Agreement, and the Licensee will destroy all copies of the Software that it or
+any of its
+employees or students holds.
+5.4 Clauses 1, 2.1.2, 2.3, 2.4, 2.5, 2.6, 2.7, 3, 4, 5.3, 5.4, 5.5 and 6 will
+survive the expiry of
+the Licence Period and the termination of this Agreement, and will continue
+5.5 CCLRC may withdraw any of the Software from the CCP4 Suite at any time. If
+any third
+party owner of the Intellectual Property in any of the Software withdraws
+CCLRC’s right
+to distribute that software, the Licensee’s rights under this Agreement in
+relation to that
+software will immediately terminate, and the Licensee will cease using that
+part of the
+6.1 Headings: The headings in this Agreement are for ease of reference only;
+they do not
+affect its construction or interpretation.
+6.2 Assignment etc: The Licensee may not assign or transfer this Agreement as a
+whole, or
+any of its rights or obligations under it, without first obtaining the written
+consent of
+6.3 Illegal/unenforceable provisions: If the whole or any part of any provision
+of this
+Agreement is void or unenforceable in any jurisdiction, the other provisions of
+Agreement, and the rest of the void or unenforceable provision, will continue
+in force in
+that jurisdiction, and the validity and enforceability of that provision in any
+jurisdiction will not be affected.
+6.4 Waiver of rights: If CCLRC fails to enforce, or delays in enforcing, an
+obligation of the
+Licensee, or fails to exercise, or delays in exercising, a right under this
+Agreement, that
+failure or delay will not affect its right to enforce that obligation or
+constitute a waiver of
+that right. Any waiver by CCLRC of any provision of this Agreement will not,
+expressly stated to the contrary, constitute a waiver of that provision on a
+future occasion.
+6.5 Entire agreement: This Agreement constitutes the entire agreement between
+the parties
+relating to its subject matter. The Licensee acknowledges that it has not
+entered into this
+Agreement on the basis of any warranty, representation, statement, agreement or
+undertaking except those expressly set out in this Agreement. The Licensee
+waives any
+claim for breach of, or any right to rescind this Agreement in respect of, any
+representation which is not an express provision of this Agreement. However,
+this clause
+does not exclude any liability which CCLRC may have to the Licensee (or any
+right which
+the Licensee may have to rescind this Agreement) in respect of any fraudulent
+misrepresentation or fraudulent concealment before the signing of this
+6.6 Amendments: No variation of, or amendment to, this Agreement will be
+effective unless
+it is made in writing and signed by each party's representative.
+6.7 Third parties: No one except a party to this Agreement has any right to
+prevent the
+amendment of this Agreement or its termination, and no one except a party to
+Agreement may enforce any benefit conferred by this Agreement, unless this
+expressly provides otherwise.
+6.8 Governing law: This Agreement is governed by, and is to be construed in
+with, English law. The English Courts will have exclusive jurisdiction to deal
+with any
+dispute which has arisen or may arise out of or in connection with this
+Agreement, except
+that CCLRC may bring proceedings against the Licensee or for an injunction in
+jurisdiction. [If the Licensee's usual place of business or registered office
+is not in
+England, the Licensee’s address for service in England is ____].
+SIGNED for and on behalf of the Licensee: