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diff --git a/licenses/ccp4 b/licenses/ccp4 new file mode 100644 index 000000000000..09c73a68e935 --- /dev/null +++ b/licenses/ccp4 @@ -0,0 +1,371 @@ +CCP4 PROGRAM SUITE +LICENCE AGREEMENT +(Academic Use) +THIS LICENCE AGREEMENT is made BETWEEN: +1. THE COUNCIL FOR THE CENTRAL LABORATORY OF THE RESEARCH +COUNCILS, an executive Non-Departmental Public Body established as a Research +Council by Royal Charter under the Science and Technology Act 1965 (“CCLRC”); +and +2. [INSERT NAME OF ACADEMIC/RESEARCH INSTITUTION] whose administrative +offices are at [insert address] ("the Licensee"). +BACKGROUND +CCLRC has assembled the CCP4 suite of software applications and libraries with +support +from the Biotechnology and Biological Sciences Research Council, as part of the +Collaborative Computational Project Number 4. +The CCP4 Software Suite comprises: +a) applications and libraries distributed in source code, that the Licensee may +use +free of charge for Academic Purposes, subject to the terms of clauses 2.1-2.4 of +this Agreement; +b) applications and libraries distributed in source code, that the Licensee may +use, +free of charge, subject to the terms of the LGPL or the GPL; and +c) third party software that is included in the CCP4 suite of programs and that +is +licensed by a third party on that third party's terms and conditions. +1. DEFINITIONS AND INTERPRETATION +1.1 In this Agreement the following expressions have the meaning set opposite: +Academic Purposes: fundamental or basic research or academic teaching, +including any fundamental research that is funded by any +public or charitable body, but not any purpose that +generates revenue (as opposed to grant income) for the +Licensee or any third party. Any research that is wholly or +partially sponsored by any profit making organisation or +that is carried out for the benefit of any profit-making +organisation is not an Academic Purpose; +an Application: a software program designed to provide a specific function +for the user; +the CCP4 Software: the Libraries and Applications distributed by CCLRC from +time to time as part of the CCP4 Software Suite, except +the GNU Software and the Third Party Software; +the CCP4 Website: the website with the URL www.ccp4.ac.uk; +the Current Release: Version 5.0 of the Software, and all later versions that +CCLRC decides may be used under this Agreement; +a Derived Work: any modification of, or enhancement or improvement to, +any of the Software and any software or other work +developed or derived from, or based on, any of the +Software, or that incorporates any of the Software; +the LGPL: the GNU Lesser General Public Licence, a copy of which +appears in Appendix A to this Agreement; +the GPL: the GNU General Public Licence, a copy of which appears +in Appendix B to this Agreement; +the GNU Software: the open source Libraries and Applications that are listed +on the CCP4 Website from time to time as being subject +to, respectively, the terms of the LGPL or the GPL; +a Harmful Element: any virus, worm, time bomb, time lock, drop dead device, +trap and access code or anything else that might disrupt, +disable, harm or impede the operation of any information +system, or that might corrupt, damage, destroy or render +inaccessible any software, data or file on, or that may +allow any unauthorised person to gain access to, any +information system or any software, data or file on it; +Intellectual Property: patents, trade marks, service marks, registered designs, +copyrights, database rights, design rights, know-how, +confidential information, applications for any of the above, +and any similar right recognised from time to time in any +jurisdiction, together with all rights of action in relation to +the infringement of any of the above; +a Library: a collection of reusable programming routines, software +functions or data that may be linked to, or used with, an +Application; +the Licence Period: the period beginning when the Licensee posts or faxes the +completed and signed copy of this Agreement to CCLRC +2 +in accordance with clause 5.1, and ending on the +termination of this Agreement under clause 5.2; +the Software: the suite of programs known as CCP4, comprising the +GNU Software, the CCP4 Software and the Third Party +Software; and +the Third Party Software Procheck, FFTw, libjpeg, CBF, Astexviewer, Rasmol and +Phaser. +2. LICENCE +The CCP4 Software +2.1 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free +licence to use, +copy, modify, and enhance and distribute the CCP4 Libraries during the Licence +Period +on the terms and conditions of this Agreement provided that: +2.1.1 the Licensee may distribute, or supply any CCP4 Library or any Derived +Work +based on that Library, and may allow any third party to use any CCP4 Library or +any +Derived Work based on that Library, solely on condition that the recipient of +that +CCP4 Library or that Derived Work will comply with clause 2.1.2 below as though +it +were named instead of the Licensee in that clause; and +2.1.2 the Licensee will notify CCLRC of any Derived Work made by or for the +Licensee, or +by any of its employees or students, based on any CCP4 Library, and will provide +CCLRC with a copy of that Derived Work (in source code) within one year after it +was made. The Licensee grants CCLRC an irrevocable, indefinite licence to make +that Derived Work available to any third party on such terms and conditions as +CCLRC may from time to time decide. This clause does not apply to any +executable program based on or combined with a Library, or to any Derived Work +that the Licensee distributes under the LGPL or the GPL. +2.2 CCLRC grants the Licensee a non-exclusive, non-transferable, royalty free +licence to use +and copy the CCP4 Applications during the Licence Period on the terms and +conditions of +this Agreement provided that: +2.2.1 the Licensee may not distribute any CCP4 Application or any Derived Work +based +on any CCP4 Application to any third party, or share their use with any third +party +(whether free of charge or otherwise); and +2.2.2 the Licensee may not copy any CCP4 Application except for the purposes of +making +a reasonable number of back-up copies, nor may the Licensee modify any CCP4 +Application or create any Derived Work based on any CCP4 Application except for +the purpose of error correction. The Licensee will provide CCLRC with a copy of +any +3 +correction made by the Licensee (in source code) within one year after it was +made. +The licensee grants CCLRC an irrevocable, indefinite licence to make that +correction available to any third party on such terms and conditions as CCLRC +may +from time to time decide. +2.3 The CCP4 Software and any Derived Work based on any part of the CCP4 +Software may +be used by the Licensee and its employees and registered students for Academic +Purposes only. +2.4 The licences granted in this clause 2 relate only to the Current Release. +The Licensee +must acquire a new licence for any future version of the Software that CCLRC +decides +requires a new or further licence. +The GNU Software +2.5 The GNU Software is supplied to the Licensee on the terms and conditions of +the LGPL +or the GPL as indicated on the CCP4 Website from time to time. By entering into +this +Agreement the Licensee agrees to comply with the terms of the LGPL or the GPL +as so +indicated. +The Third Party Software +2.6 The Third Party Software is supplied to the Licensee on the terms and +conditions imposed +by the third party owner or licensor. By entering into this Agreement the +Licensee agrees +to comply with those terms and conditions. +The Software +2.7 The Licensee will not tamper with or remove any copyright or other +proprietary notice or +any disclaimer that appears on or in any part of the Software, and will +reproduce the +same in all copies of any of the Software and in all Derived Works. +3. WARRANTIES AND LIABILITY +3.1 The Software is provided for Academic Purposes free of charge. Therefore +CCLRC and +its licensors give no warranty and make no representation in relation to the +Software or +any assistance or advice that CCLRC may give in connection with the Software. +The +Licensee, its employees and students and anyone to whom the Licensee makes the +Software or any Derived Work available, use them at their own risk. The Licensee +will indemnify CCLRC against any claim made by any third party to whom the +Licensee +has made the Software or any Derived Work available. +3.2 Before using any of the software, the Licensee will check that the Software +does not +contain any Harmful Element. Neither CCLRC nor its licensors warrants that the +Software +will run without interruption or be error free, or free from any Harmful +Element. CCLRC is +not obliged to provide any support or error correction service, assistance or +advice in +4 +relation to the Software. If it does provide that sort of service, assistance +or advice, +subject to clause 3.7, CCLRC will not be liable for any loss or damage suffered +by the +Licensee as a result. +3.3 Neither CCLRC nor any of its licensors will be liable to the Licensee to +the extent that any +loss or damage is caused by the Licensee's failure to implement, or the +Licensee's delay +in implementing, any upgrade, update, new release, revision, version or +modification of, or +advice in relation to, the Software that would have remedied or mitigated the +effects of +any error, defect, bug or deficiency. +3.4 The Licensee acknowledges that proper use of the Software and any Derived +Work is +dependent on the Licensee, its employees and students exercising proper skill +and care +in inputting data and interpreting the output provided by the Software or that +Derived +Work. CCLRC and its licensors will not be liable for the consequences of +decisions taken +by the Licensee or any other person on the basis of that output. CCLRC does not +accept +any responsibility for any use which may be made by the Licensee of that +output, nor for +any reliance which may be placed on that output, nor for advice or information +given in +connection with that output. +3.5 Subject to clause 3.7, CCLRC's liability for any breach of this Agreement, +any negligence +or arising in any other way out of the subject matter of this Agreement, will +not extend to +any incidental or consequential damages or losses, or any loss of profits, loss +of revenue, +loss of data, loss of contracts or opportunity, whether direct or indirect, +even if the +Licensee has advised CCLRC of the possibility of those losses arising or if +they were or +are within CCLRC's contemplation. CCLRC’s licensors will not be liable to the +Licensee +for any loss or damage, however caused (including by negligence) and whether +direct or +indirect. +3.6 Subject to clause 3.7, the aggregate liability of CCLRC for any breach of +this Agreement, +any negligence or arising in any other way out of the subject matter of this +Agreement will +not exceed £50,000. +3.7 Nothing in this Agreement (including without limitation the LGPL or the +GPL, as +applicable) limits or excludes CCLRC's liability for death or personal injury +caused by its +negligence or for any fraud, or for any sort of liability that, by law, cannot +be limited or +excluded. +3.8 In addition to the terms and conditions of the LGPL or the GPL (as +applicable), and the +terms that apply to any Third Party Software, the terms of this clause 3 apply +as +between CCLRC and the Licensee, and the validity of any part of this clause 3 +will not +be affected by any part of the LGPL or the GPL or the terms that apply to any +Third +Party Software being held to be invalid by any court. +5 +3.9 The express undertakings and given by CCLRC in this Agreement and the terms +of this +Agreement are in lieu of all warranties, conditions, terms, undertakings and +obligations +on the part of CCLRC, whether express or implied by statute, common law, custom, +trade usage, course of dealing or in any other way. All of these are excluded +to the +fullest extent permitted by law. +4. INTELLECTUAL PROPERTY RIGHTS AND ACKNOWLEDGEMENTS +4.1 Nothing in this Agreement assigns or transfers any Intellectual Property +Rights in any of +the Software. Those rights are reserved to CCLRC or its licensors. +4.2 The Licensee will ensure that, if any of its employees or students publish +any article or +other material resulting from, or relating to, a project or work undertaken +with the +assistance of any part of the Software, that publication will contain a proper +acknowledgement or citation as indicated from time to time on the CCP4 Website. +5. TERMINATION +5.1 This Agreement will take effect and the Licence Period will start when a +completed copy +of this Agreement, signed on behalf of the Licensee, has been posted to the +Secretary to +CCP4, at CCLRC, Daresbury Laboratory, Warrington WA 4 4AD, or faxed to :+44 1925 +603825 (or to any other address or fax number given for this purpose on the CCP4 +website at the time the Licensee downloads this form of Licence Agreement from +that +website). +5.2 This Agreement will terminate immediately and automatically if: +5.2.1 the Licensee is in breach of this Agreement; or +5.2.2 the Licensee becomes insolvent, or if an order is made or a resolution is +passed for +its winding up (except voluntarily for the purpose of solvent amalgamation or +reconstruction), or if an administrator, administrative receiver or receiver is +appointed over the whole or any part of its assets, or if it makes any +arrangement +with its creditors. +5.3 The Licensee's right to use the Software will cease immediately on the +termination of this +Agreement, and the Licensee will destroy all copies of the Software that it or +any of its +employees or students holds. +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 +survive the expiry of +the Licence Period and the termination of this Agreement, and will continue +indefinitely. +5.5 CCLRC may withdraw any of the Software from the CCP4 Suite at any time. If +any third +party owner of the Intellectual Property in any of the Software withdraws +CCLRC’s right +to distribute that software, the Licensee’s rights under this Agreement in +relation to that +6 +software will immediately terminate, and the Licensee will cease using that +part of the +Software +6. GENERAL +6.1 Headings: The headings in this Agreement are for ease of reference only; +they do not +affect its construction or interpretation. +6.2 Assignment etc: The Licensee may not assign or transfer this Agreement as a +whole, or +any of its rights or obligations under it, without first obtaining the written +consent of +CCLRC. +6.3 Illegal/unenforceable provisions: If the whole or any part of any provision +of this +Agreement is void or unenforceable in any jurisdiction, the other provisions of +this +Agreement, and the rest of the void or unenforceable provision, will continue +in force in +that jurisdiction, and the validity and enforceability of that provision in any +other +jurisdiction will not be affected. +6.4 Waiver of rights: If CCLRC fails to enforce, or delays in enforcing, an +obligation of the +Licensee, or fails to exercise, or delays in exercising, a right under this +Agreement, that +failure or delay will not affect its right to enforce that obligation or +constitute a waiver of +that right. Any waiver by CCLRC of any provision of this Agreement will not, +unless +expressly stated to the contrary, constitute a waiver of that provision on a +future occasion. +6.5 Entire agreement: This Agreement constitutes the entire agreement between +the parties +relating to its subject matter. The Licensee acknowledges that it has not +entered into this +Agreement on the basis of any warranty, representation, statement, agreement or +undertaking except those expressly set out in this Agreement. The Licensee +waives any +claim for breach of, or any right to rescind this Agreement in respect of, any +representation which is not an express provision of this Agreement. However, +this clause +does not exclude any liability which CCLRC may have to the Licensee (or any +right which +the Licensee may have to rescind this Agreement) in respect of any fraudulent +misrepresentation or fraudulent concealment before the signing of this +Agreement. +6.6 Amendments: No variation of, or amendment to, this Agreement will be +effective unless +it is made in writing and signed by each party's representative. +6.7 Third parties: No one except a party to this Agreement has any right to +prevent the +amendment of this Agreement or its termination, and no one except a party to +this +Agreement may enforce any benefit conferred by this Agreement, unless this +Agreement +expressly provides otherwise. +6.8 Governing law: This Agreement is governed by, and is to be construed in +accordance +with, English law. The English Courts will have exclusive jurisdiction to deal +with any +7 +dispute which has arisen or may arise out of or in connection with this +Agreement, except +that CCLRC may bring proceedings against the Licensee or for an injunction in +any +jurisdiction. [If the Licensee's usual place of business or registered office +is not in +England, the Licensee’s address for service in England is ____]. +SIGNED for and on behalf of the Licensee: +Name: +Position: +Signature: +Date: |