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Revision 1.1 - (show annotations) (download)
Wed Nov 25 03:37:24 2009 UTC (5 years, 1 month ago) by weaver
Branch: MAIN
CVS Tags: HEAD
New license for sci-biology/abyss

1 ABySS
2 Copyright 2009 Genome Sciences Centre
3 All rights reserved.
4
5 Abyss SOFTWARE LICENSE AGREEMENT (ACADEMIC USE)
6 CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. This License
7 Agreement (the "Agreement") is a legal contract between you, your
8 employer, educational institution or organization (collectively, "You")
9 and the British Columbia Cancer Agency ("BCCA") with respect to the
10 license of ABySS, including all associated
11 documentation (collectively, the "Product").
12
13 BCCA is willing to license the Product to You only if You accept the
14 terms and conditions of this Agreement. By clicking on the "I ACCEPT"
15 button, or by copying, downloading, accessing or otherwise using the
16 Product, You automatically agree to be bound by the terms of this
17 Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS
18 AGREEMENT, DO NOT COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THE
19 PRODUCT.
20
21 1. AUTHORITY: In the event that You are an educational institution or
22 organization, Your representative who is clicking the "I ACCEPT"
23 button, or otherwise copying, downloading, accessing or using the
24 Product hereby, in their personal capacity, represents and warrants
25 that they possess the legal authority to enter into this Agreement
26 on Your behalf and to bind You to the terms of this Agreement.
27
28 2. LICENSE TO USE: BCCA hereby grants to You a personal,
29 non-exclusive, non-transferable, limited license to use the Product
30 solely for internal, non-commercial use for non-profit research or
31 educational purposes only on the terms and conditions contained in
32 this Agreement. The Product may be installed on a maximum of one
33 machine per Qualified User at Your premises only. A copy of the
34 Product installed on a single common machine may be shared for
35 internal use by Qualified Users only. In order to be a "Qualified
36 User", an individual must be a student, researcher, professor,
37 instructor or staff member of a non-profit educational institution
38 or organization who uses the Product solely for non-profit research
39 or educational purposes.
40
41 3. RESTRICTIONS: You acknowledge and agree that You shall not, and
42 shall not authorize any third party to:
43 (a) make copies of the Product, except as provided in Section 2 and
44 except for a single backup copy, and any such copy together with the
45 original must be kept in Your possession or control;
46 (b) modify, adapt, decompile, disassemble, translate into another
47 computer language, create derivative works of, or otherwise reverse
48 engineer the Product, or disclose any trade secrets relating to the
49 Product, except as permitted in Section 5;
50 (c) license, sublicense, distribute, sell, lease, transfer, assign,
51 trade, rent or publish the Product or any part thereof and/or copies
52 thereof, to any third party;
53 (d) use the Product to process any data other than Your own;
54 (e) use the Product or any part thereof for any commercial or
55 for-profit purpose or any other purpose other than as permitted in
56 Section 2; or
57 (f) use, without its express permission, the name of BCCA.
58
59 4. INTELLECTUAL PROPERTY RIGHTS: Subject to Section 5 below, all
60 patents, copyrights, trade secrets, service marks, trademarks and
61 other proprietary rights in or related to the Product and any
62 improvements, modifications and enhancements thereof are and will
63 remain the exclusive property of BCCA or its licensors. You agree
64 that You will not, either during or after the termination of this
65 Agreement, contest or challenge the title to or the intellectual
66 property rights of BCCA or its licensors in the Product or any
67 portion thereof.
68
69 5. OWNERSHIP OF IMPROVEMENTS: In the event that the Product, in the
70 form provided to You, includes source code (the "Source Code"),
71 You are entitled to make improvements, modifications and
72 enhancements to the Source Code (collectively, "Improvements")
73 which Improvements are to be used by You for non-profit research
74 and educational purposes only and You shall be the owner of those
75 Improvements that You directly make and of all intellectual
76 property rights to such Improvements, subject to the foregoing
77 limits on Your use and distribution of such Improvements. You
78 hereby grant to BCCA a perpetual, non-exclusive, worldwide,
79 fully-paid, irrevocable license to use such Improvements for any
80 purposes whatsoever, and to sublicense such Improvements including
81 the right for third parties to sublicense the same, in perpetuity
82 to the extent such rights are not limited in duration under
83 applicable law, without identifying or seeking Your
84 consent. Notwithstanding the foregoing, You acknowledge that BCCA
85 and its licensors will retain or own all rights in and to any
86 pre-existing code or other technology, content and data that may be
87 incorporated in the Improvements. For greater certainty, this
88 Section applies solely to the Source Code and shall not give You
89 any rights with respect to the object code or any other portion or
90 format of the Product which use, for greater certainty, is limited
91 as set forth in this Agreement including as set out in Section 3(b)
92 above. You acknowledge and agree that you will provide copies of
93 Improvements to BCCA in such format as reasonably requested by BCCA
94 at any time upon the request of BCCA.
95
96 6. CONFIDENTIALITY: You acknowledge that the Product is and
97 incorporates confidential and proprietary information developed,
98 acquired by or licensed to BCCA. You will take all reasonable
99 precautions necessary to safeguard the confidentiality of the
100 Product, and will not disclose any information about the Product to
101 any other person without BCCA¡Çs prior written consent. You will
102 not allow the removal or defacement of any confidential or
103 proprietary notice placed on the Product. You acknowledge that any
104 breach of this Section 6 will cause irreparable harm to BCCA and
105 its licensors.
106
107 7. NO WARRANTIES: THIS PRODUCT IS PROVIDED TO YOU BY BCCA IN ORDER TO
108 ALLOW YOU TO OBTAIN ACCESS TO LEADING ACADEMIC RESEARCH. THE PRODUCT
109 IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY
110 KIND. NO WARRANTY, REPRESENTATION OR CONDITION EITHER EXPRESS OR
111 IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR
112 CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE,
113 DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE SHALL
114 APPLY. BCCA DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ON A
115 CONTINUOUS OR TROUBLE FREE BASIS.
116
117 8. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY
118 APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BCCA TO
119 YOU EXCEED THE AMOUNT YOU HAVE PAID TO ACQUIRE THE PRODUCT ("MAXIMUM
120 AMOUNT") AND WHERE YOU HAVE NOT PAID ANY AMOUNT FOR THE PRODUCT THEN
121 THE MAXIMUM AMOUNT SHALL BE DEEMED TO BE CDN$100.00. IN NO EVENT SHALL
122 BCCA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
123 DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS OR
124 SAVINGS, REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE
125 POSSIBILITY OF SUCH DAMAGE. EXCEPT TO THE EXTENT THAT THE LAWS OF A
126 COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE
127 LIMITATIONS, EXCLUSIONS AND DISCLAIMERS, THESE LIMITATIONS, EXCLUSIONS
128 AND DISCLAIMERS SHALL APPLY WHETHER AN ACTION, CLAIM OR DEMAND ARISES
129 FROM A BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT,
130 NEGLIGENCE, STRICT LIABILITY OR ANY OTHER KIND OF CIVIL OR STATUTORY
131 LIABILITY CONNECTED WITH OR ARISING FROM THIS AGREEMENT. YOU AGREE
132 THAT THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF
133 LIABILITY ARE FAIR IN LIGHT OF THE NATURE OF THE RIGHTS GRANTED HEREIN
134 AND THE AMOUNT OF FEES PAID BY YOU IN RESPECT OF THE PRODUCT.
135
136 9. INDEMNITY: You will indemnify, defend and hold harmless BCCA, its
137 board of directors, staff and agents from and against any and all
138 liability, loss, damage, action, claim or expense (including
139 attorney¡Çs fees and costs at trial and appellate levels) in
140 connection with any claim, suit, action, demand or judgement
141 (collectively, "Claim") arising out of, connected with, resulting
142 from, or sustained as a result of Your use of the Product or the
143 downloading of the Product, including without limitation, any Claim
144 relating to infringement of BCCA¡Çs intellectual property rights or
145 the intellectual property rights of any third party.
146
147 10. SUPPORT AND MAINTENANCE: You acknowledge and agree that, unless
148 and to the extent expressly agreed by BCCA in a separate written
149 document, the Product is provided to You without any support or
150 maintenance from BCCA and, for greater certainty, BCCA shall have
151 no obligation to issue any update or upgrade to any Product.
152
153 11. TERM: This Agreement is effective until terminated. You may
154 terminate this Agreement at any time by ceasing use of the Product
155 and destroying or deleting any copies of the Product. This
156 Agreement will terminate immediately without notice from BCCA if
157 You fail to comply with any provision of this Agreement. BCCA may
158 terminate this Agreement at any time upon notice to you where BCCA
159 determines, in its sole discretion, that any continued use of the
160 Product could infringe the rights of any third parties. Upon
161 termination of this Agreement, and in any event upon BCCA
162 delivering You notice of termination, You shall immediately purge
163 all Products from Your computer system(s), return to BCCA all
164 copies of the Product that are in Your possession or control, and
165 cease any further development of any Improvements. On any
166 termination of this Agreement Sections 1, 4, 6, 7, 8, 9, 13 and 14
167 shall survive such termination.
168
169 12. GOVERNMENT END USERS: Where any of the Product is used, duplicated
170 or disclosed by or to the United States government or a government
171 contractor or sub contractor, it is provided with RESTRICTED
172 RIGHTS as defined in Title 48 CFR 52.227-19 and is subject to the
173 following: Title 48 CFR 2.101, 52.227-19, 227.7201 through
174 227.7202-4, FAR 52.227-14, and FAR 52.227-19(c)(1-2) and (6/87),
175 and where applicable, the customary software license, as described
176 in Title 48 CFR 227-7202 with respect to commercial software and
177 commercial software documentation including DFAR 252.227-7013,
178 DFAR 252,227-7014, DFAR 252.227-7015 and DFAR 252.7018, all as
179 applicable.
180
181 13. USE OF THE DOWNLOAD SERVICE: You acknowledge and agree that you
182 will be responsible for all costs, charges and taxes (where
183 applicable) arising out of Your use of the Product and the
184 downloading of the Product. You acknowledge that You are
185 responsible for supplying any hardware or software necessary to
186 use the Product pursuant to this Agreement.
187
188 14. GENERAL PROVISIONS:
189 (a) This Agreement will be governed by the laws of the Province of
190 British Columbia, and the laws of Canada applicable therein, excluding
191 any rules of private international law that lead to the application of
192 the laws of any other jurisdiction. The United Nations Convention on
193 Contracts for the International Sale of Goods (1980) does not apply to
194 this Agreement. The courts of the Province of British Columbia shall
195 have non-exclusive jurisdiction to hear any matter arising in
196 connection with this Agreement.
197 (b) USE OF THE PRODUCT IS PROHIBITED IN ANY JURISDICTION WHICH DOES
198 NOT GIVE EFFECT TO THE TERMS OF THIS AGREEMENT.
199 (c) You agree that no joint venture, partnership, employment,
200 consulting or agency relationship exists between You and BCCA as a
201 result of this Agreement or Your use of the Product.
202 (d) You hereby consent to Your contact information and any other
203 personally identifiable information that You provide to us being
204 disclosed to and maintained and used by us and our business partners
205 for the purposes of (i) managing and developing our respective
206 businesses and operations; (ii) marketing products and services to You
207 and your staff; and (iii) developing new and enhancing existing
208 products. You further agree that we may provide this information to
209 other persons as required to satisfy any legal requirements and to any
210 person that acquires some or all of the assets of BCCA. Where any of
211 the personally identifiable information that You provide to us is in
212 respect of individuals other than Yourself (such as Your staff) then
213 You represent and warrant to use that You have obtained all necessary
214 consents and authorizations from such individuals in order to comply
215 with this provision. Please see the BCCA website for further
216 information regarding personally identifiable information.
217 (e) This Agreement is the entire Agreement between You and BCCA
218 relating to this subject matter. You will not contest the validity of
219 this Agreement merely because it is in electronic form. No
220 modification of this Agreement will be binding, unless in writing and
221 accepted by an authorized representative of each party.
222 (f) The provisions of this Agreement are severable in that if any
223 provision in the Agreement is determined to be invalid or
224 unenforceable under any controlling body of law, that will not affect
225 the validity or enforceability of the remaining provisions of the
226 Agreement.
227 (g) You agree to print out or download a copy of this Agreement and
228 retain it for Your records.
229 (h) You consent to the use of the English language in this Agreement.
230 (i) You may not assign this Agreement or any of Your rights or
231 obligations hereunder without BCCA's prior written consent. BCCA, at
232 its sole discretion may assign this Agreement without notice to You.

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