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Revision 1.1 - (show annotations) (download)
Tue Dec 20 03:55:13 2005 UTC (9 years, 4 months ago) by spyderous
Branch: MAIN
CVS Tags: HEAD
For sci-chemistry/caver.

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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