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End-User Software License Agreement for Caver
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1.
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National Centre for Biomolecular Research, Faculty of Science,
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Masaryk University Brno, The Czech Republic (``LICENSOR'') grants
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to (``LICENSEE'') non-exclusive, and non-transferable license to use
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the ``CAVER'' computer software program.
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Institute of Computer Science, Masaryk University Brno,
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The Czech Republic (``LICENSOR'') grants to (``LICENSEE'') non-exclusive.
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Using of the associated documentation furnished hereunder (hereinafter
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called the ``PROGRAM'') is also granted upon the terms and conditions
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hereinafter set out and until termination of this license as set forth below.
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LICENSEE will be furnished only by binaries of the program.
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No source code will be provided.
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2.
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LICENSEE understands that this Agreement is license for use of, not sale of,
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the PROGRAM. Consequently, no Purchase Orders can be accepted by LICENSOR.
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3.
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LICENSEE acknowledges that the PROGRAM is a research tool still in the
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development stage, that is being supplied ``as is'', without any accompanying
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services or improvements from LICENSOR and that this license is entered
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into in order to enable others to utilize the PROGRAM in their scholarly
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activities.
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4.
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LICENSEE agrees that PROGRAM will be properly cited whenever results
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obtained using it will be published (for details see the manual).
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5.
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LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.
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By way of example, but not limitation, LICENSOR MAKES NO REPRESENTATIONS
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OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE
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OR THAT THE USE OF THE PROGRAM WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS,
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TRADEMARKS OR OTHER RIGHTS. LICENSOR shall have no liability nor be liable
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for an direct, indirect or consequential damages with respect to any claim
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by LICENSEE or any third party on account of or arising from this Agreement
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or use of the PROGRAM.
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6.
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LICENSEE agrees that it will use the PROGRAM, and any modifications,
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improvements, or derivatives to PROGRAM that LICENSEE may create
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(collectively, ``IMPROVEMENTS'') solely for internal, non-commercial
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purposes and shall not distribute or transfer the PROGRAM OR
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IMPROVEMENTS to any person without prior written permission from
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LICENSOR. The term ``non-commercial'', as used in this Agreement,
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means academic or other scholarly research which (a) is not undertaken
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for profit, or (b) is not intended to produce works, services, or data for
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commercial use, or (c) is neither conducted, nor funded, by a person or
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an entity engaged in the commercial use, application or exploitation
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of works similar to the PROGRAM.
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7.
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LICENSEE agrees to notify LICENSOR of any IMPROVEMENTS made
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to the PROGRAM, as described in Section 5, above, and hereby (a)
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agrees to supply LICENSOR with a copy of same, and (b) grants
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LICENSOR a worldwide, perpetual license, with the right to sublicense
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(at any tier), such IMPROVEMENTS without any royalty or other
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obligation to LICENSEE.
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8.
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Ownership of all rights, including copyright in the PROGRAM and in any
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material associated therewith, shall at all times remain with LICENSOR
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and LICENSEE agrees to preserve same. LICENSEE agrees not to use
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any portion of the PROGRAM in any machine-readable form outside
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the PROGRAM, nor to make any copies except for its internal use,
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without prior written consent of LICENSOR. LICENSEE agrees to place
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the appropriate copyright notice on any such copies.
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9.
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This Agreement shall be construed, interpreted and applied in accordance
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with the law of the Czech Republic and any legal action arising
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out of this Agreement or use of the PROGRAM shall be filed in a court
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in the Czech Republic.
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10.
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This license shall be for a term of 5 years except that upon any breach
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of this Agreement by LICENSEE, LICENSOR shall have the right to
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terminate this license immediately upon notice to LICENSEE.
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