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109 lines
5.6 KiB
109 lines
5.6 KiB
13 years ago
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PDB SOFTWARE LICENSE AGREEMENT
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BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING
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THIS "SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE
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SOFTWARE ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS
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BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT
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AGREE TO ALL OF THE TERMS OF THIS AGREEMENT
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THE LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.
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1. LICENSE AGREEMENT
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This is a license between you ("Licensee") and the Protein Data Bank (PDB)
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at Rutgers, The State University of New Jersey (hereafter referred to
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as "RUTGERS"). The software is owned by RUTGERS and protected by
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copyright laws, and some elements are protected by laws governing
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trademarks, trade dress and trade secrets, and may be protected by
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patent laws.
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2. LICENSE GRANT
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RUTGERS grants you, and you hereby accept, non-exclusive, royalty-free
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perpetual license to install, use, modify, prepare derivative works,
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incorporate into other computer software, and distribute in binary
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and source code format, or any derivative work thereof, together with
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any associated media, printed materials, and on-line or electronic
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documentation (if any) provided by RUTGERS (collectively, the "SOFTWARE"),
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subject to the following terms and conditions: (i) any distribution
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of the SOFTWARE shall bind the receiver to the terms and conditions
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of this Agreement; (ii) any distribution of the SOFTWARE in modified
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form shall clearly state that the SOFTWARE has been modified from
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the version originally obtained from RUTGERS.
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2. COPYRIGHT; RETENTION OF RIGHTS.
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The above license grant is conditioned on the following: (i) you must
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reproduce all copyright notices and other proprietary notices on any
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copies of the SOFTWARE and you must not remove such notices; (ii) in
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the event you compile the SOFTWARE, you will include the copyright
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notice with the binary in such a manner as to allow it to be easily
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viewable; (iii) if you incorporate the SOFTWARE into other code, you
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must provide notice that the code contains the SOFTWARE and include
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a copy of the copyright notices and other proprietary notices. All
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copies of the SOFTWARE shall be subject to the terms of this Agreement.
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3. NO MAINTENANCE OR SUPPORT; TREATMENT OF ENHANCEMENTS
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RUTGERS is under no obligation whatsoever to: (i) provide maintenance
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or support for the SOFTWARE; or (ii) to notify you of bug fixes, patches,
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or upgrades to the features, functionality or performance of the
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SOFTWARE ("Enhancements") (if any), whether developed by RUTGERS
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or third parties. If, in its sole discretion, RUTGERS makes an
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Enhancement available to you and RUTGERS does not separately enter
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into a written license agreement with you relating to such bug fix,
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patch or upgrade, then it shall be deemed incorporated into the SOFTWARE
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and subject to this Agreement. You are under no obligation whatsoever
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to provide any Enhancements to RUTGERS or the public that you may
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develop over time; however, if you choose to provide your Enhancements
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to RUTGERS, or if you choose to otherwise publish or distribute your
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Enhancements, in source code form without contemporaneously requiring
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end users or RUTGERS to enter into a separate written license agreement
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for such Enhancements, then you hereby grant RUTGERS a non-exclusive,
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royalty-free perpetual license to install, use, modify, prepare
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derivative works, incorporate into the SOFTWARE or other computer
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software, distribute, and sublicense your Enhancements or derivative
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works thereof, in binary and source code form.
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4. FEES. There is no license fee for the SOFTWARE. If Licensee
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wishes to receive the SOFTWARE on media, there may be a small charge
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for the media and for shipping and handling. Licensee is
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responsible for any and all taxes.
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5. TERMINATION. Without prejudice to any other rights, Licensor
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may terminate this Agreement if Licensee breaches any of its terms
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and conditions. Upon termination, Licensee shall destroy all
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copies of the SOFTWARE.
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6. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual
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property rights in the Product shall remain with RUTGERS. Licensee
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acknowledges such ownership and intellectual property rights and will
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not take any action to jeopardize, limit or interfere in any manner
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with RUTGERS' ownership of or rights with respect to the SOFTWARE.
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The SOFTWARE is protected by copyright and other intellectual
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property laws and by international treaties. Title and related
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rights in the content accessed through the SOFTWARE is the property
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of the applicable content owner and is protected by applicable law.
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The license granted under this Agreement gives Licensee no rights to such
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content.
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7. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED FREE OF
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CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF
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ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT
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IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
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OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
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PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. SHOULD THE
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SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, THE LICENSEE AND NOT
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LICENSOR ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR.
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THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
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THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER
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EXCEPT UNDER THIS DISCLAIMER.
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8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
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APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY
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INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
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OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING,
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WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
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STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
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OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE
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POSSIBILITY THEREOF.
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