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

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.
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.
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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