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Revision 1.1 - (show annotations) (download)
Mon Dec 19 01:26:00 2005 UTC (9 years ago) by spyderous
Branch: MAIN
CVS Tags: HEAD
For sci-chemistry/validation, and perhaps other RCSB programs.

1 PDB SOFTWARE LICENSE AGREEMENT
2
3 BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING
4 THIS "SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE
5 SOFTWARE ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS
6 BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT
7 AGREE TO ALL OF THE TERMS OF THIS AGREEMENT
8 THE LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.
9
10 1. LICENSE AGREEMENT
11
12 This is a license between you ("Licensee") and the Protein Data Bank (PDB)
13 at Rutgers, The State University of New Jersey (hereafter referred to
14 as "RUTGERS"). The software is owned by RUTGERS and protected by
15 copyright laws, and some elements are protected by laws governing
16 trademarks, trade dress and trade secrets, and may be protected by
17 patent laws.
18
19 2. LICENSE GRANT
20
21 RUTGERS grants you, and you hereby accept, non-exclusive, royalty-free
22 perpetual license to install, use, modify, prepare derivative works,
23 incorporate into other computer software, and distribute in binary
24 and source code format, or any derivative work thereof, together with
25 any associated media, printed materials, and on-line or electronic
26 documentation (if any) provided by RUTGERS (collectively, the "SOFTWARE"),
27 subject to the following terms and conditions: (i) any distribution
28 of the SOFTWARE shall bind the receiver to the terms and conditions
29 of this Agreement; (ii) any distribution of the SOFTWARE in modified
30 form shall clearly state that the SOFTWARE has been modified from
31 the version originally obtained from RUTGERS.
32
33 2. COPYRIGHT; RETENTION OF RIGHTS.
34
35 The above license grant is conditioned on the following: (i) you must
36 reproduce all copyright notices and other proprietary notices on any
37 copies of the SOFTWARE and you must not remove such notices; (ii) in
38 the event you compile the SOFTWARE, you will include the copyright
39 notice with the binary in such a manner as to allow it to be easily
40 viewable; (iii) if you incorporate the SOFTWARE into other code, you
41 must provide notice that the code contains the SOFTWARE and include
42 a copy of the copyright notices and other proprietary notices. All
43 copies of the SOFTWARE shall be subject to the terms of this Agreement.
44
45 3. NO MAINTENANCE OR SUPPORT; TREATMENT OF ENHANCEMENTS
46
47 RUTGERS is under no obligation whatsoever to: (i) provide maintenance
48 or support for the SOFTWARE; or (ii) to notify you of bug fixes, patches,
49 or upgrades to the features, functionality or performance of the
50 SOFTWARE ("Enhancements") (if any), whether developed by RUTGERS
51 or third parties. If, in its sole discretion, RUTGERS makes an
52 Enhancement available to you and RUTGERS does not separately enter
53 into a written license agreement with you relating to such bug fix,
54 patch or upgrade, then it shall be deemed incorporated into the SOFTWARE
55 and subject to this Agreement. You are under no obligation whatsoever
56 to provide any Enhancements to RUTGERS or the public that you may
57 develop over time; however, if you choose to provide your Enhancements
58 to RUTGERS, or if you choose to otherwise publish or distribute your
59 Enhancements, in source code form without contemporaneously requiring
60 end users or RUTGERS to enter into a separate written license agreement
61 for such Enhancements, then you hereby grant RUTGERS a non-exclusive,
62 royalty-free perpetual license to install, use, modify, prepare
63 derivative works, incorporate into the SOFTWARE or other computer
64 software, distribute, and sublicense your Enhancements or derivative
65 works thereof, in binary and source code form.
66
67 4. FEES. There is no license fee for the SOFTWARE. If Licensee
68 wishes to receive the SOFTWARE on media, there may be a small charge
69 for the media and for shipping and handling. Licensee is
70 responsible for any and all taxes.
71
72 5. TERMINATION. Without prejudice to any other rights, Licensor
73 may terminate this Agreement if Licensee breaches any of its terms
74 and conditions. Upon termination, Licensee shall destroy all
75 copies of the SOFTWARE.
76
77 6. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual
78 property rights in the Product shall remain with RUTGERS. Licensee
79 acknowledges such ownership and intellectual property rights and will
80 not take any action to jeopardize, limit or interfere in any manner
81 with RUTGERS' ownership of or rights with respect to the SOFTWARE.
82 The SOFTWARE is protected by copyright and other intellectual
83 property laws and by international treaties. Title and related
84 rights in the content accessed through the SOFTWARE is the property
85 of the applicable content owner and is protected by applicable law.
86 The license granted under this Agreement gives Licensee no rights to such
87 content.
88
89 7. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED FREE OF
90 CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF
91 ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT
92 IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
93 OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
94 PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. SHOULD THE
95 SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, THE LICENSEE AND NOT
96 LICENSOR ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR.
97 THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
98 THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER
99 EXCEPT UNDER THIS DISCLAIMER.
100
101 8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
102 APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY
103 INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
104 OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING,
105 WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
106 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
107 OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE
108 POSSIBILITY THEREOF.

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