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136 lines
7.6 KiB
136 lines
7.6 KiB
UNIVERSITY OF ILLINOIS
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VISUAL MOLECULAR DYNAMICS SOFTWARE LICENSE AGREEMENT
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Upon execution of this Agreement by the party identified below ("Licensee"),
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The Board of Trustees of the University of Illinois ("Illinois"), on behalf
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of The Theoretical and Computational Biophysics Group ("TCBG") in the Beckman
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Institute, will provide the Visual Molecular Dynamics ("VMD") software in
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ExecutableCode and/or Source Code form ("Software") to Licensee, subject to
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the following terms and conditions. For purposes of this Agreement,
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Executable Code is the compiled code, which is ready to run on Licensee's
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computer. Source code consists of a set of files which contain the actual
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program commands that are compiled to form the Executable Code.
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1. The Software is intellectual property owned by Illinois, and all right,
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title and interest, including copyright, remain with Illinois. Illinois
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grants, and Licensee hereby accepts, a restricted, non-exclusive,
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non-transferable license to use the Software for academic, research and
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internal business purposes only, e.g. not for commercial use (see Clause 7
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below), without a fee.
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2. Licensee may, at its own expense, create and freely distribute
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complimentary works that interoperate with the Software, directing others to
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the TCBG server to license and obtain the Software itself. Licensee may, at
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its own expense, modify the Software to make derivative works. Except as
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explicitly provided below, this License shall apply to any derivative work
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as it does to the original Software distributed by Illinois. Any derivative
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work should be clearly marked and renamed to notify users that it is a
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modified version and not the original Software distributed by Illinois.
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Licensee agrees to reproduce the copyright notice and other proprietary
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markings on any derivative work and to include in the documentation of such
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work the acknowledgement:
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"This software includes code developed by the Theoretical and Computational
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Biophysics Group in the Beckman Institute for Advanced Science and
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Technology at the University of Illinois at Urbana-Champaign."
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Licensee may redistribute without restriction works with up to 1/2 of their
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non-comment source code derived from at most 1/10 of the non-comment source
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code developed by Illinois and contained in the Software, provided that the
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above directions for notice and acknowledgement are observed. Any other
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distribution of the Software or any derivative work requires a separate
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license with Illinois. Licensee may contact Illinois (vmd@ks.uiuc.edu) to
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negotiate an appropriate license for such distribution.
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3. Except as expressly set forth in this Agreement, THIS SOFTWARE IS PROVIDED
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"AS IS" AND ILLINOIS MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF
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ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
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OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF
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THE SOFTWARE WILL NOT INFRINGE ANY PATENT, TRADEMARK, OR OTHER RIGHTS.
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LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
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SOFTWARE AND/OR ASSOCIATED MATERIALS. LICENSEE AGREES THAT UNIVERSITY SHALL
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NOT BE HELD LIABLE FOR ANY DIRECT,INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
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DAMAGES WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT
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OF OR ARISING FROM THIS AGREEMENT OR USE OF THE SOFTWARE AND/OR ASSOCIATED
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MATERIALS.
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4. Licensee understands the Software is proprietary to Illinois. Licensee
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agrees to take all reasonable steps to insure that the Softwareis
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protected and secured from unauthorized disclosure, use, or release and
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will treat it with at least the same level of care as Licensee would use to
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protect and secure its own proprietary computer programs and/or information,
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but using no less than a reasonable standard of care. Licensee agrees to
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provide the Software only to any other person or entity who has registered
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with Illinois. If licensee is not registering as an individual but as an
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institution or corporation each member of the institution or corporation
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who has access to or uses Software must agree to and abide by the terms
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of this license. If Licensee becomes aware of any unauthorized licensing,
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copying or use of the Software, Licensee shall promptly notify Illinois
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in writing. Licensee expressly agrees to use the Software only in the
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manner and for the specific uses authorized in this Agreement.
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5. By using or copying this Software, Licensee agrees to abide by the
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copyright law and all other applicable laws of the U.S. including, but not
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limited to, export control laws and the terms of this license. Illinois
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shall have the right to terminate this license immediately by written
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notice upon Licensee's breach of, or non-compliance with, any
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terms of the license. Licensee may be held legally responsible for any
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copyright infringement that is caused or encouraged by its failure to
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abideby the terms of this license. Upon termination, Licensee agrees to
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destroyall copies of the Software in its possession and to verify such
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destruction in writing.
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6. The user agrees that any reports or published results obtained with
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the Software will acknowledge its use by the appropriate citation as
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follows:
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"VMD was developed by the Theoretical and Computational Biophysics Group
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in the Beckman Institute for Advanced Science and Technology at the
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University of Illinois at Urbana-Champaign."
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Any published work which utilizes VMD shall include the following reference:
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"Humphrey, W., Dalke, A. and Schulten, K., `VMD -Visual Molecular
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Dynamics', J. Molecular Graphics, 1996, vol. 14, pp. 33-38."
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Electronic documents will include a direct link to the official VMD page
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at http://www.ks.uiuc.edu/Research/vmd/
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7. Commercial use of the Software, or derivative works based thereon,
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REQUIRES A COMMERCIAL LICENSE. Should Licensee wish to make commercial
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use of the Software, Licensee will contact Illinois (vmd@ks.uiuc.edu) to
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negotiate an appropriate license for such use. Commercial use includes:
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(1) integration of all or part of the Software into a product for sale,
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lease or license by or on behalf of Licensee to third parties, or
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(2) distribution of the Software to third parties that need it to
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commercialize product sold or licensed by or on behalf of Licensee.
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8. Government Rights. Because substantial governmental funds have been
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used in the development of VMD, any possession, use or sublicense of the
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Software by or to the United States government shall be subject to such
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required restrictions.
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9. VMD is being distributed as a research and teaching tool and as
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such, TCBG encourages contributions from users of the code that might, at
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Illinois' sole discretion, be used or incorporated to make the basic
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operating framework of the Software a more stable, flexible, and/or useful
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product. Licensees who contribute their code to become an internal
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portion of the Software agree that such code may be distributed by
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Illinois under the terms of this License and may be required to sign an
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"Agreement Regarding Contributory Code for VMD Software" before Illinois
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can accept it (contact vmd@ks.uiuc.edu for a copy).
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UNDERSTOOD AND AGREED.
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Contact Information:
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The best contact path for licensing issues is by e-mail to
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vmd@ks.uiuc.edu or send correspondence to:
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VMD Team
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Theoretical and Computational Biophysics Group
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Beckman Institute
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University of Illinois
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405 North Mathews MC-251
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Urbana, Illinois 61801 USA
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FAX: (217) 244-6078
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