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For sci-libs/mccp4, sci-chemistry/ccp4, et al.

1 spyderous 1.1 CCP4 PROGRAM SUITE
3     (Academic Use)
6     COUNCILS, an executive Non-Departmental Public Body established as a Research
7     Council by Royal Charter under the Science and Technology Act 1965 (“CCLRC”);
8     and
10     offices are at [insert address] ("the Licensee").
12     CCLRC has assembled the CCP4 suite of software applications and libraries with
13     support
14     from the Biotechnology and Biological Sciences Research Council, as part of the
15     Collaborative Computational Project Number 4.
16     The CCP4 Software Suite comprises:
17     a) applications and libraries distributed in source code, that the Licensee may
18     use
19     free of charge for Academic Purposes, subject to the terms of clauses 2.1-2.4 of
20     this Agreement;
21     b) applications and libraries distributed in source code, that the Licensee may
22     use,
23     free of charge, subject to the terms of the LGPL or the GPL; and
24     c) third party software that is included in the CCP4 suite of programs and that
25     is
26     licensed by a third party on that third party's terms and conditions.
28     1.1 In this Agreement the following expressions have the meaning set opposite:
29     Academic Purposes: fundamental or basic research or academic teaching,
30     including any fundamental research that is funded by any
31     public or charitable body, but not any purpose that
32     generates revenue (as opposed to grant income) for the
33     Licensee or any third party. Any research that is wholly or
34     partially sponsored by any profit making organisation or
35     that is carried out for the benefit of any profit-making
36     organisation is not an Academic Purpose;
37     an Application: a software program designed to provide a specific function
38     for the user;
39     the CCP4 Software: the Libraries and Applications distributed by CCLRC from
40     time to time as part of the CCP4 Software Suite, except
41     the GNU Software and the Third Party Software;
42     the CCP4 Website: the website with the URL www.ccp4.ac.uk;
43     the Current Release: Version 5.0 of the Software, and all later versions that
44     CCLRC decides may be used under this Agreement;
45     a Derived Work: any modification of, or enhancement or improvement to,
46     any of the Software and any software or other work
47     developed or derived from, or based on, any of the
48     Software, or that incorporates any of the Software;
49     the LGPL: the GNU Lesser General Public Licence, a copy of which
50     appears in Appendix A to this Agreement;
51     the GPL: the GNU General Public Licence, a copy of which appears
52     in Appendix B to this Agreement;
53     the GNU Software: the open source Libraries and Applications that are listed
54     on the CCP4 Website from time to time as being subject
55     to, respectively, the terms of the LGPL or the GPL;
56     a Harmful Element: any virus, worm, time bomb, time lock, drop dead device,
57     trap and access code or anything else that might disrupt,
58     disable, harm or impede the operation of any information
59     system, or that might corrupt, damage, destroy or render
60     inaccessible any software, data or file on, or that may
61     allow any unauthorised person to gain access to, any
62     information system or any software, data or file on it;
63     Intellectual Property: patents, trade marks, service marks, registered designs,
64     copyrights, database rights, design rights, know-how,
65     confidential information, applications for any of the above,
66     and any similar right recognised from time to time in any
67     jurisdiction, together with all rights of action in relation to
68     the infringement of any of the above;
69     a Library: a collection of reusable programming routines, software
70     functions or data that may be linked to, or used with, an
71     Application;
72     the Licence Period: the period beginning when the Licensee posts or faxes the
73     completed and signed copy of this Agreement to CCLRC
74     2
75     in accordance with clause 5.1, and ending on the
76     termination of this Agreement under clause 5.2;
77     the Software: the suite of programs known as CCP4, comprising the
78     GNU Software, the CCP4 Software and the Third Party
79     Software; and
80     the Third Party Software Procheck, FFTw, libjpeg, CBF, Astexviewer, Rasmol and
81     Phaser.
82     2. LICENCE
83     The CCP4 Software
84     2.1 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free
85     licence to use,
86     copy, modify, and enhance and distribute the CCP4 Libraries during the Licence
87     Period
88     on the terms and conditions of this Agreement provided that:
89     2.1.1 the Licensee may distribute, or supply any CCP4 Library or any Derived
90     Work
91     based on that Library, and may allow any third party to use any CCP4 Library or
92     any
93     Derived Work based on that Library, solely on condition that the recipient of
94     that
95     CCP4 Library or that Derived Work will comply with clause 2.1.2 below as though
96     it
97     were named instead of the Licensee in that clause; and
98     2.1.2 the Licensee will notify CCLRC of any Derived Work made by or for the
99     Licensee, or
100     by any of its employees or students, based on any CCP4 Library, and will provide
101     CCLRC with a copy of that Derived Work (in source code) within one year after it
102     was made. The Licensee grants CCLRC an irrevocable, indefinite licence to make
103     that Derived Work available to any third party on such terms and conditions as
104     CCLRC may from time to time decide. This clause does not apply to any
105     executable program based on or combined with a Library, or to any Derived Work
106     that the Licensee distributes under the LGPL or the GPL.
107     2.2 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free
108     licence to use
109     and copy the CCP4 Applications during the Licence Period on the terms and
110     conditions of
111     this Agreement provided that:
112     2.2.1 the Licensee may not distribute any CCP4 Application or any Derived Work
113     based
114     on any CCP4 Application to any third party, or share their use with any third
115     party
116     (whether free of charge or otherwise); and
117     2.2.2 the Licensee may not copy any CCP4 Application except for the purposes of
118     making
119     a reasonable number of back-up copies, nor may the Licensee modify any CCP4
120     Application or create any Derived Work based on any CCP4 Application except for
121     the purpose of error correction. The Licensee will provide CCLRC with a copy of
122     any
123     3
124     correction made by the Licensee (in source code) within one year after it was
125     made.
126     The licensee grants CCLRC an irrevocable, indefinite licence to make that
127     correction available to any third party on such terms and conditions as CCLRC
128     may
129     from time to time decide.
130     2.3 The CCP4 Software and any Derived Work based on any part of the CCP4
131     Software may
132     be used by the Licensee and its employees and registered students for Academic
133     Purposes only.
134     2.4 The licences granted in this clause 2 relate only to the Current Release.
135     The Licensee
136     must acquire a new licence for any future version of the Software that CCLRC
137     decides
138     requires a new or further licence.
139     The GNU Software
140     2.5 The GNU Software is supplied to the Licensee on the terms and conditions of
141     the LGPL
142     or the GPL as indicated on the CCP4 Website from time to time. By entering into
143     this
144     Agreement the Licensee agrees to comply with the terms of the LGPL or the GPL
145     as so
146     indicated.
147     The Third Party Software
148     2.6 The Third Party Software is supplied to the Licensee on the terms and
149     conditions imposed
150     by the third party owner or licensor. By entering into this Agreement the
151     Licensee agrees
152     to comply with those terms and conditions.
153     The Software
154     2.7 The Licensee will not tamper with or remove any copyright or other
155     proprietary notice or
156     any disclaimer that appears on or in any part of the Software, and will
157     reproduce the
158     same in all copies of any of the Software and in all Derived Works.
160     3.1 The Software is provided for Academic Purposes free of charge. Therefore
161     CCLRC and
162     its licensors give no warranty and make no representation in relation to the
163     Software or
164     any assistance or advice that CCLRC may give in connection with the Software.
165     The
166     Licensee, its employees and students and anyone to whom the Licensee makes the
167     Software or any Derived Work available, use them at their own risk. The Licensee
168     will indemnify CCLRC against any claim made by any third party to whom the
169     Licensee
170     has made the Software or any Derived Work available.
171     3.2 Before using any of the software, the Licensee will check that the Software
172     does not
173     contain any Harmful Element. Neither CCLRC nor its licensors warrants that the
174     Software
175     will run without interruption or be error free, or free from any Harmful
176     Element. CCLRC is
177     not obliged to provide any support or error correction service, assistance or
178     advice in
179     4
180     relation to the Software. If it does provide that sort of service, assistance
181     or advice,
182     subject to clause 3.7, CCLRC will not be liable for any loss or damage suffered
183     by the
184     Licensee as a result.
185     3.3 Neither CCLRC nor any of its licensors will be liable to the Licensee to
186     the extent that any
187     loss or damage is caused by the Licensee's failure to implement, or the
188     Licensee's delay
189     in implementing, any upgrade, update, new release, revision, version or
190     modification of, or
191     advice in relation to, the Software that would have remedied or mitigated the
192     effects of
193     any error, defect, bug or deficiency.
194     3.4 The Licensee acknowledges that proper use of the Software and any Derived
195     Work is
196     dependent on the Licensee, its employees and students exercising proper skill
197     and care
198     in inputting data and interpreting the output provided by the Software or that
199     Derived
200     Work. CCLRC and its licensors will not be liable for the consequences of
201     decisions taken
202     by the Licensee or any other person on the basis of that output. CCLRC does not
203     accept
204     any responsibility for any use which may be made by the Licensee of that
205     output, nor for
206     any reliance which may be placed on that output, nor for advice or information
207     given in
208     connection with that output.
209     3.5 Subject to clause 3.7, CCLRC's liability for any breach of this Agreement,
210     any negligence
211     or arising in any other way out of the subject matter of this Agreement, will
212     not extend to
213     any incidental or consequential damages or losses, or any loss of profits, loss
214     of revenue,
215     loss of data, loss of contracts or opportunity, whether direct or indirect,
216     even if the
217     Licensee has advised CCLRC of the possibility of those losses arising or if
218     they were or
219     are within CCLRC's contemplation. CCLRC’s licensors will not be liable to the
220     Licensee
221     for any loss or damage, however caused (including by negligence) and whether
222     direct or
223     indirect.
224     3.6 Subject to clause 3.7, the aggregate liability of CCLRC for any breach of
225     this Agreement,
226     any negligence or arising in any other way out of the subject matter of this
227     Agreement will
228     not exceed £50,000.
229     3.7 Nothing in this Agreement (including without limitation the LGPL or the
230     GPL, as
231     applicable) limits or excludes CCLRC's liability for death or personal injury
232     caused by its
233     negligence or for any fraud, or for any sort of liability that, by law, cannot
234     be limited or
235     excluded.
236     3.8 In addition to the terms and conditions of the LGPL or the GPL (as
237     applicable), and the
238     terms that apply to any Third Party Software, the terms of this clause 3 apply
239     as
240     between CCLRC and the Licensee, and the validity of any part of this clause 3
241     will not
242     be affected by any part of the LGPL or the GPL or the terms that apply to any
243     Third
244     Party Software being held to be invalid by any court.
245     5
246     3.9 The express undertakings and given by CCLRC in this Agreement and the terms
247     of this
248     Agreement are in lieu of all warranties, conditions, terms, undertakings and
249     obligations
250     on the part of CCLRC, whether express or implied by statute, common law, custom,
251     trade usage, course of dealing or in any other way. All of these are excluded
252     to the
253     fullest extent permitted by law.
255     4.1 Nothing in this Agreement assigns or transfers any Intellectual Property
256     Rights in any of
257     the Software. Those rights are reserved to CCLRC or its licensors.
258     4.2 The Licensee will ensure that, if any of its employees or students publish
259     any article or
260     other material resulting from, or relating to, a project or work undertaken
261     with the
262     assistance of any part of the Software, that publication will contain a proper
263     acknowledgement or citation as indicated from time to time on the CCP4 Website.
264     5. TERMINATION
265     5.1 This Agreement will take effect and the Licence Period will start when a
266     completed copy
267     of this Agreement, signed on behalf of the Licensee, has been posted to the
268     Secretary to
269     CCP4, at CCLRC, Daresbury Laboratory, Warrington WA 4 4AD, or faxed to :+44 1925
270     603825 (or to any other address or fax number given for this purpose on the CCP4
271     website at the time the Licensee downloads this form of Licence Agreement from
272     that
273     website).
274     5.2 This Agreement will terminate immediately and automatically if:
275     5.2.1 the Licensee is in breach of this Agreement; or
276     5.2.2 the Licensee becomes insolvent, or if an order is made or a resolution is
277     passed for
278     its winding up (except voluntarily for the purpose of solvent amalgamation or
279     reconstruction), or if an administrator, administrative receiver or receiver is
280     appointed over the whole or any part of its assets, or if it makes any
281     arrangement
282     with its creditors.
283     5.3 The Licensee's right to use the Software will cease immediately on the
284     termination of this
285     Agreement, and the Licensee will destroy all copies of the Software that it or
286     any of its
287     employees or students holds.
288     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
289     survive the expiry of
290     the Licence Period and the termination of this Agreement, and will continue
291     indefinitely.
292     5.5 CCLRC may withdraw any of the Software from the CCP4 Suite at any time. If
293     any third
294     party owner of the Intellectual Property in any of the Software withdraws
295     CCLRC’s right
296     to distribute that software, the Licensee’s rights under this Agreement in
297     relation to that
298     6
299     software will immediately terminate, and the Licensee will cease using that
300     part of the
301     Software
302     6. GENERAL
303     6.1 Headings: The headings in this Agreement are for ease of reference only;
304     they do not
305     affect its construction or interpretation.
306     6.2 Assignment etc: The Licensee may not assign or transfer this Agreement as a
307     whole, or
308     any of its rights or obligations under it, without first obtaining the written
309     consent of
310     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:

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