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1.1 |
CCP4 PROGRAM SUITE
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LICENCE AGREEMENT
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(Academic Use)
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THIS LICENCE AGREEMENT is made BETWEEN:
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1. THE COUNCIL FOR THE CENTRAL LABORATORY OF THE RESEARCH
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COUNCILS, an executive Non-Departmental Public Body established as a Research
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Council by Royal Charter under the Science and Technology Act 1965 (“CCLRC”);
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and
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2. [INSERT NAME OF ACADEMIC/RESEARCH INSTITUTION] whose administrative
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offices are at [insert address] ("the Licensee").
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BACKGROUND
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CCLRC has assembled the CCP4 suite of software applications and libraries with
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support
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from the Biotechnology and Biological Sciences Research Council, as part of the
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Collaborative Computational Project Number 4.
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The CCP4 Software Suite comprises:
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a) applications and libraries distributed in source code, that the Licensee may
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use
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free of charge for Academic Purposes, subject to the terms of clauses 2.1-2.4 of
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this Agreement;
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b) applications and libraries distributed in source code, that the Licensee may
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use,
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free of charge, subject to the terms of the LGPL or the GPL; and
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c) third party software that is included in the CCP4 suite of programs and that
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is
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licensed by a third party on that third party's terms and conditions.
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1. DEFINITIONS AND INTERPRETATION
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1.1 In this Agreement the following expressions have the meaning set opposite:
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Academic Purposes: fundamental or basic research or academic teaching,
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including any fundamental research that is funded by any
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public or charitable body, but not any purpose that
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generates revenue (as opposed to grant income) for the
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Licensee or any third party. Any research that is wholly or
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partially sponsored by any profit making organisation or
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that is carried out for the benefit of any profit-making
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organisation is not an Academic Purpose;
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an Application: a software program designed to provide a specific function
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for the user;
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the CCP4 Software: the Libraries and Applications distributed by CCLRC from
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time to time as part of the CCP4 Software Suite, except
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the GNU Software and the Third Party Software;
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the CCP4 Website: the website with the URL www.ccp4.ac.uk;
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the Current Release: Version 5.0 of the Software, and all later versions that
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CCLRC decides may be used under this Agreement;
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a Derived Work: any modification of, or enhancement or improvement to,
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any of the Software and any software or other work
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developed or derived from, or based on, any of the
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Software, or that incorporates any of the Software;
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the LGPL: the GNU Lesser General Public Licence, a copy of which
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appears in Appendix A to this Agreement;
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the GPL: the GNU General Public Licence, a copy of which appears
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in Appendix B to this Agreement;
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the GNU Software: the open source Libraries and Applications that are listed
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on the CCP4 Website from time to time as being subject
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to, respectively, the terms of the LGPL or the GPL;
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a Harmful Element: any virus, worm, time bomb, time lock, drop dead device,
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trap and access code or anything else that might disrupt,
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disable, harm or impede the operation of any information
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system, or that might corrupt, damage, destroy or render
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inaccessible any software, data or file on, or that may
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allow any unauthorised person to gain access to, any
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information system or any software, data or file on it;
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Intellectual Property: patents, trade marks, service marks, registered designs,
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copyrights, database rights, design rights, know-how,
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confidential information, applications for any of the above,
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and any similar right recognised from time to time in any
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jurisdiction, together with all rights of action in relation to
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the infringement of any of the above;
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a Library: a collection of reusable programming routines, software
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functions or data that may be linked to, or used with, an
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Application;
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the Licence Period: the period beginning when the Licensee posts or faxes the
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completed and signed copy of this Agreement to CCLRC
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2
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in accordance with clause 5.1, and ending on the
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termination of this Agreement under clause 5.2;
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the Software: the suite of programs known as CCP4, comprising the
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GNU Software, the CCP4 Software and the Third Party
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Software; and
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the Third Party Software Procheck, FFTw, libjpeg, CBF, Astexviewer, Rasmol and
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Phaser.
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2. LICENCE
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The CCP4 Software
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2.1 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free
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licence to use,
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copy, modify, and enhance and distribute the CCP4 Libraries during the Licence
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Period
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on the terms and conditions of this Agreement provided that:
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2.1.1 the Licensee may distribute, or supply any CCP4 Library or any Derived
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Work
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based on that Library, and may allow any third party to use any CCP4 Library or
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any
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Derived Work based on that Library, solely on condition that the recipient of
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that
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CCP4 Library or that Derived Work will comply with clause 2.1.2 below as though
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it
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were named instead of the Licensee in that clause; and
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2.1.2 the Licensee will notify CCLRC of any Derived Work made by or for the
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Licensee, or
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by any of its employees or students, based on any CCP4 Library, and will provide
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CCLRC with a copy of that Derived Work (in source code) within one year after it
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was made. The Licensee grants CCLRC an irrevocable, indefinite licence to make
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that Derived Work available to any third party on such terms and conditions as
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CCLRC may from time to time decide. This clause does not apply to any
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executable program based on or combined with a Library, or to any Derived Work
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that the Licensee distributes under the LGPL or the GPL.
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2.2 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free
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licence to use
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and copy the CCP4 Applications during the Licence Period on the terms and
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conditions of
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this Agreement provided that:
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2.2.1 the Licensee may not distribute any CCP4 Application or any Derived Work
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based
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on any CCP4 Application to any third party, or share their use with any third
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party
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(whether free of charge or otherwise); and
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2.2.2 the Licensee may not copy any CCP4 Application except for the purposes of
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making
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a reasonable number of back-up copies, nor may the Licensee modify any CCP4
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Application or create any Derived Work based on any CCP4 Application except for
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the purpose of error correction. The Licensee will provide CCLRC with a copy of
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any
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3
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correction made by the Licensee (in source code) within one year after it was
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made.
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The licensee grants CCLRC an irrevocable, indefinite licence to make that
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correction available to any third party on such terms and conditions as CCLRC
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may
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from time to time decide.
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2.3 The CCP4 Software and any Derived Work based on any part of the CCP4
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Software may
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be used by the Licensee and its employees and registered students for Academic
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Purposes only.
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2.4 The licences granted in this clause 2 relate only to the Current Release.
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The Licensee
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must acquire a new licence for any future version of the Software that CCLRC
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decides
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requires a new or further licence.
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The GNU Software
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2.5 The GNU Software is supplied to the Licensee on the terms and conditions of
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the LGPL
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or the GPL as indicated on the CCP4 Website from time to time. By entering into
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this
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Agreement the Licensee agrees to comply with the terms of the LGPL or the GPL
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as so
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indicated.
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The Third Party Software
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2.6 The Third Party Software is supplied to the Licensee on the terms and
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conditions imposed
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by the third party owner or licensor. By entering into this Agreement the
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Licensee agrees
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to comply with those terms and conditions.
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The Software
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2.7 The Licensee will not tamper with or remove any copyright or other
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proprietary notice or
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any disclaimer that appears on or in any part of the Software, and will
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reproduce the
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same in all copies of any of the Software and in all Derived Works.
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3. WARRANTIES AND LIABILITY
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3.1 The Software is provided for Academic Purposes free of charge. Therefore
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CCLRC and
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its licensors give no warranty and make no representation in relation to the
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Software or
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any assistance or advice that CCLRC may give in connection with the Software.
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The
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Licensee, its employees and students and anyone to whom the Licensee makes the
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Software or any Derived Work available, use them at their own risk. The Licensee
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will indemnify CCLRC against any claim made by any third party to whom the
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Licensee
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has made the Software or any Derived Work available.
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3.2 Before using any of the software, the Licensee will check that the Software
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does not
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contain any Harmful Element. Neither CCLRC nor its licensors warrants that the
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Software
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will run without interruption or be error free, or free from any Harmful
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Element. CCLRC is
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not obliged to provide any support or error correction service, assistance or
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advice in
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4
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relation to the Software. If it does provide that sort of service, assistance
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or advice,
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subject to clause 3.7, CCLRC will not be liable for any loss or damage suffered
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by the
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Licensee as a result.
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3.3 Neither CCLRC nor any of its licensors will be liable to the Licensee to
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the extent that any
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loss or damage is caused by the Licensee's failure to implement, or the
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Licensee's delay
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in implementing, any upgrade, update, new release, revision, version or
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modification of, or
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advice in relation to, the Software that would have remedied or mitigated the
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effects of
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any error, defect, bug or deficiency.
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3.4 The Licensee acknowledges that proper use of the Software and any Derived
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Work is
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dependent on the Licensee, its employees and students exercising proper skill
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and care
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in inputting data and interpreting the output provided by the Software or that
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Derived
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Work. CCLRC and its licensors will not be liable for the consequences of
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decisions taken
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by the Licensee or any other person on the basis of that output. CCLRC does not
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accept
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any responsibility for any use which may be made by the Licensee of that
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output, nor for
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any reliance which may be placed on that output, nor for advice or information
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given in
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connection with that output.
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3.5 Subject to clause 3.7, CCLRC's liability for any breach of this Agreement,
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any negligence
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or arising in any other way out of the subject matter of this Agreement, will
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not extend to
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any incidental or consequential damages or losses, or any loss of profits, loss
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of revenue,
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loss of data, loss of contracts or opportunity, whether direct or indirect,
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even if the
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Licensee has advised CCLRC of the possibility of those losses arising or if
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they were or
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are within CCLRC's contemplation. CCLRC’s licensors will not be liable to the
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Licensee
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for any loss or damage, however caused (including by negligence) and whether
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direct or
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indirect.
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3.6 Subject to clause 3.7, the aggregate liability of CCLRC for any breach of
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this Agreement,
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any negligence or arising in any other way out of the subject matter of this
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Agreement will
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not exceed £50,000.
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3.7 Nothing in this Agreement (including without limitation the LGPL or the
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GPL, as
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applicable) limits or excludes CCLRC's liability for death or personal injury
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caused by its
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negligence or for any fraud, or for any sort of liability that, by law, cannot
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be limited or
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excluded.
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3.8 In addition to the terms and conditions of the LGPL or the GPL (as
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applicable), and the
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terms that apply to any Third Party Software, the terms of this clause 3 apply
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as
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between CCLRC and the Licensee, and the validity of any part of this clause 3
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will not
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be affected by any part of the LGPL or the GPL or the terms that apply to any
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Third
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Party Software being held to be invalid by any court.
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5
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3.9 The express undertakings and given by CCLRC in this Agreement and the terms
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of this
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Agreement are in lieu of all warranties, conditions, terms, undertakings and
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obligations
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on the part of CCLRC, whether express or implied by statute, common law, custom,
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trade usage, course of dealing or in any other way. All of these are excluded
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to the
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fullest extent permitted by law.
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4. INTELLECTUAL PROPERTY RIGHTS AND ACKNOWLEDGEMENTS
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4.1 Nothing in this Agreement assigns or transfers any Intellectual Property
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Rights in any of
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the Software. Those rights are reserved to CCLRC or its licensors.
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4.2 The Licensee will ensure that, if any of its employees or students publish
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any article or
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other material resulting from, or relating to, a project or work undertaken
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with the
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assistance of any part of the Software, that publication will contain a proper
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acknowledgement or citation as indicated from time to time on the CCP4 Website.
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5. TERMINATION
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5.1 This Agreement will take effect and the Licence Period will start when a
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completed copy
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of this Agreement, signed on behalf of the Licensee, has been posted to the
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Secretary to
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CCP4, at CCLRC, Daresbury Laboratory, Warrington WA 4 4AD, or faxed to :+44 1925
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603825 (or to any other address or fax number given for this purpose on the CCP4
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website at the time the Licensee downloads this form of Licence Agreement from
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that
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website).
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5.2 This Agreement will terminate immediately and automatically if:
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5.2.1 the Licensee is in breach of this Agreement; or
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5.2.2 the Licensee becomes insolvent, or if an order is made or a resolution is
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passed for
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its winding up (except voluntarily for the purpose of solvent amalgamation or
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reconstruction), or if an administrator, administrative receiver or receiver is
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appointed over the whole or any part of its assets, or if it makes any
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arrangement
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with its creditors.
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5.3 The Licensee's right to use the Software will cease immediately on the
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termination of this
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Agreement, and the Licensee will destroy all copies of the Software that it or
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any of its
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employees or students holds.
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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
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survive the expiry of
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the Licence Period and the termination of this Agreement, and will continue
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indefinitely.
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5.5 CCLRC may withdraw any of the Software from the CCP4 Suite at any time. If
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any third
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party owner of the Intellectual Property in any of the Software withdraws
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CCLRC’s right
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to distribute that software, the Licensee’s rights under this Agreement in
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relation to that
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6
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software will immediately terminate, and the Licensee will cease using that
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part of the
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Software
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6. GENERAL
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6.1 Headings: The headings in this Agreement are for ease of reference only;
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they do not
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affect its construction or interpretation.
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6.2 Assignment etc: The Licensee may not assign or transfer this Agreement as a
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whole, or
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any of its rights or obligations under it, without first obtaining the written
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consent of
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|
|
CCLRC.
|
| 311 |
|
|
6.3 Illegal/unenforceable provisions: If the whole or any part of any provision
|
| 312 |
|
|
of this
|
| 313 |
|
|
Agreement is void or unenforceable in any jurisdiction, the other provisions of
|
| 314 |
|
|
this
|
| 315 |
|
|
Agreement, and the rest of the void or unenforceable provision, will continue
|
| 316 |
|
|
in force in
|
| 317 |
|
|
that jurisdiction, and the validity and enforceability of that provision in any
|
| 318 |
|
|
other
|
| 319 |
|
|
jurisdiction will not be affected.
|
| 320 |
|
|
6.4 Waiver of rights: If CCLRC fails to enforce, or delays in enforcing, an
|
| 321 |
|
|
obligation of the
|
| 322 |
|
|
Licensee, or fails to exercise, or delays in exercising, a right under this
|
| 323 |
|
|
Agreement, that
|
| 324 |
|
|
failure or delay will not affect its right to enforce that obligation or
|
| 325 |
|
|
constitute a waiver of
|
| 326 |
|
|
that right. Any waiver by CCLRC of any provision of this Agreement will not,
|
| 327 |
|
|
unless
|
| 328 |
|
|
expressly stated to the contrary, constitute a waiver of that provision on a
|
| 329 |
|
|
future occasion.
|
| 330 |
|
|
6.5 Entire agreement: This Agreement constitutes the entire agreement between
|
| 331 |
|
|
the parties
|
| 332 |
|
|
relating to its subject matter. The Licensee acknowledges that it has not
|
| 333 |
|
|
entered into this
|
| 334 |
|
|
Agreement on the basis of any warranty, representation, statement, agreement or
|
| 335 |
|
|
undertaking except those expressly set out in this Agreement. The Licensee
|
| 336 |
|
|
waives any
|
| 337 |
|
|
claim for breach of, or any right to rescind this Agreement in respect of, any
|
| 338 |
|
|
representation which is not an express provision of this Agreement. However,
|
| 339 |
|
|
this clause
|
| 340 |
|
|
does not exclude any liability which CCLRC may have to the Licensee (or any
|
| 341 |
|
|
right which
|
| 342 |
|
|
the Licensee may have to rescind this Agreement) in respect of any fraudulent
|
| 343 |
|
|
misrepresentation or fraudulent concealment before the signing of this
|
| 344 |
|
|
Agreement.
|
| 345 |
|
|
6.6 Amendments: No variation of, or amendment to, this Agreement will be
|
| 346 |
|
|
effective unless
|
| 347 |
|
|
it is made in writing and signed by each party's representative.
|
| 348 |
|
|
6.7 Third parties: No one except a party to this Agreement has any right to
|
| 349 |
|
|
prevent the
|
| 350 |
|
|
amendment of this Agreement or its termination, and no one except a party to
|
| 351 |
|
|
this
|
| 352 |
|
|
Agreement may enforce any benefit conferred by this Agreement, unless this
|
| 353 |
|
|
Agreement
|
| 354 |
|
|
expressly provides otherwise.
|
| 355 |
|
|
6.8 Governing law: This Agreement is governed by, and is to be construed in
|
| 356 |
|
|
accordance
|
| 357 |
|
|
with, English law. The English Courts will have exclusive jurisdiction to deal
|
| 358 |
|
|
with any
|
| 359 |
|
|
7
|
| 360 |
|
|
dispute which has arisen or may arise out of or in connection with this
|
| 361 |
|
|
Agreement, except
|
| 362 |
|
|
that CCLRC may bring proceedings against the Licensee or for an injunction in
|
| 363 |
|
|
any
|
| 364 |
|
|
jurisdiction. [If the Licensee's usual place of business or registered office
|
| 365 |
|
|
is not in
|
| 366 |
|
|
England, the Licensee’s address for service in England is ____].
|
| 367 |
|
|
SIGNED for and on behalf of the Licensee:
|
| 368 |
|
|
Name:
|
| 369 |
|
|
Position:
|
| 370 |
|
|
Signature:
|
| 371 |
|
|
Date:
|
Parent Directory
| 
Revision Log