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Revision 1.1 - (hide annotations) (download)
Tue Dec 20 03:55:13 2005 UTC (12 years, 9 months ago) by spyderous
Branch: MAIN
CVS Tags: HEAD
For sci-chemistry/caver.

1 spyderous 1.1 End-User Software License Agreement for Caver
2    
3     1.
4     National Centre for Biomolecular Research, Faculty of Science,
5     Masaryk University Brno, The Czech Republic (``LICENSOR'') grants
6     to (``LICENSEE'') non-exclusive, and non-transferable license to use
7     the ``CAVER'' computer software program.
8     Institute of Computer Science, Masaryk University Brno,
9     The Czech Republic (``LICENSOR'') grants to (``LICENSEE'') non-exclusive.
10     Using of the associated documentation furnished hereunder (hereinafter
11     called the ``PROGRAM'') is also granted upon the terms and conditions
12     hereinafter set out and until termination of this license as set forth below.
13     LICENSEE will be furnished only by binaries of the program.
14     No source code will be provided.
15    
16     2.
17     LICENSEE understands that this Agreement is license for use of, not sale of,
18     the PROGRAM. Consequently, no Purchase Orders can be accepted by LICENSOR.
19    
20     3.
21     LICENSEE acknowledges that the PROGRAM is a research tool still in the
22     development stage, that is being supplied ``as is'', without any accompanying
23     services or improvements from LICENSOR and that this license is entered
24     into in order to enable others to utilize the PROGRAM in their scholarly
25     activities.
26    
27     4.
28     LICENSEE agrees that PROGRAM will be properly cited whenever results
29     obtained using it will be published (for details see the manual).
30    
31     5.
32     LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.
33     By way of example, but not limitation, LICENSOR MAKES NO REPRESENTATIONS
34     OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE
35     OR THAT THE USE OF THE PROGRAM WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS,
36     TRADEMARKS OR OTHER RIGHTS. LICENSOR shall have no liability nor be liable
37     for an direct, indirect or consequential damages with respect to any claim
38     by LICENSEE or any third party on account of or arising from this Agreement
39     or use of the PROGRAM.
40    
41     6.
42     LICENSEE agrees that it will use the PROGRAM, and any modifications,
43     improvements, or derivatives to PROGRAM that LICENSEE may create
44     (collectively, ``IMPROVEMENTS'') solely for internal, non-commercial
45     purposes and shall not distribute or transfer the PROGRAM OR
46     IMPROVEMENTS to any person without prior written permission from
47     LICENSOR. The term ``non-commercial'', as used in this Agreement,
48     means academic or other scholarly research which (a) is not undertaken
49     for profit, or (b) is not intended to produce works, services, or data for
50     commercial use, or (c) is neither conducted, nor funded, by a person or
51     an entity engaged in the commercial use, application or exploitation
52     of works similar to the PROGRAM.
53    
54     7.
55     LICENSEE agrees to notify LICENSOR of any IMPROVEMENTS made
56     to the PROGRAM, as described in Section 5, above, and hereby (a)
57     agrees to supply LICENSOR with a copy of same, and (b) grants
58     LICENSOR a worldwide, perpetual license, with the right to sublicense
59     (at any tier), such IMPROVEMENTS without any royalty or other
60     obligation to LICENSEE.
61    
62     8.
63     Ownership of all rights, including copyright in the PROGRAM and in any
64     material associated therewith, shall at all times remain with LICENSOR
65     and LICENSEE agrees to preserve same. LICENSEE agrees not to use
66     any portion of the PROGRAM in any machine-readable form outside
67     the PROGRAM, nor to make any copies except for its internal use,
68     without prior written consent of LICENSOR. LICENSEE agrees to place
69     the appropriate copyright notice on any such copies.
70    
71     9.
72     This Agreement shall be construed, interpreted and applied in accordance
73     with the law of the Czech Republic and any legal action arising
74     out of this Agreement or use of the PROGRAM shall be filed in a court
75     in the Czech Republic.
76    
77     10.
78     This license shall be for a term of 5 years except that upon any breach
79     of this Agreement by LICENSEE, LICENSOR shall have the right to
80     terminate this license immediately upon notice to LICENSEE.

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