NRBSC Software License
NATIONAL RESOURCE FOR BIOMEDICAL SUPERCOMPUTING (NRBSC)
SOFTWARE LICENSE (v. 1.01, Nov. 21, 2005)
If you ("Licensee") do not meet the criterion of non-profit academic research and/or do not agree to the terms of this agreement ("Agreement"), promptly return the disks and accompanying items to us and/or do not download the software from our site and/or do not install the software and/or delete all copies of the software.
Whereas the National Resource for Biomedical Supercomputing (NRBSC) owns certain software and related documentation ("the Product") and is willing to license the same to qualified institutions or individuals for non-profit academic research only;
Whereas the Licensee is an individual or an entity that desires a license to use NRBSC's Product only for non-profit academic research;
Now Therefore, the Licensee, intending to be legally bound hereby agrees as follows:
1. Definitions
"Object Code" shall mean code, substantially or entirely in binary form, which is intended to be directly executable by a computer after suitable processing but without the intervening steps of compilation or assembly.
"Source Code" shall mean code, other than Object Code, and related source code level system documentation, comments and procedural code, such as job control language, which may be printed out or displayed in human readable form.
2. Grant of License
The Licensee is granted a non-exclusive, non-transferable license to use the Product “as is” when delivered by the NRBSC and their affiliates (collectively the “Authors”), strictly for non-profit academic research only. At no time will Licensee allow the product or modifications of the Product to be employed for any commercial use without executing a separate licensing agreement in writing with the Authors and the organizations that sponsor research at the NRBSC (“Sponsoring Institutions”).
3. Obligations of Licensee
The Licensee agrees to:
1. Credit the Authors in all publications and presentations of research results obtained with the Product, using the means specified in the Product and/or on the NRBSC gateway web site(s) used to download the Product.
2. Inform the Authors about bugs and other noteworthy observations regarding the Product.
3. Allow the Authors to employ data gathered during the Licensee's studies to use in improving or adding to the Product. All such information will be considered confidential if the Licensee informs NRBSC that the information is confidential.
4. If Licensee obtained the Product in Object Code or executable file form, Licensee agrees to obtain a separate permission in writing from the NRBSC, subject to compliance with the terms and conditions of this Agreement, prior to disclosing the Product or allowing the Product to be disclosed to any third party.
5. If the Licensee obtained the Product in Source Code form, Licensee may modify the Product or any portion thereof, thus forming a Derivative Work based on the Product, and copy and distribute such derivative work solely for non-profit academic research, provided that Licensee also:
a. Conspicuously and appropriately publishes on each copy an appropriate copyright notice and disclaimer of warranty.
b. Maintains intact all the notices that refer to this License and to the absence of any warranty.
c. Provides any recipients of the Product a copy of this Agreement along with the Product.
d. Causes the modified files to carry prominent notices stating that Licensee changed the files and the date of any change.
e. Causes any work that Licensee distributes or publishes, that in whole or in part contains or is derived from the Product or any part thereof, to be licensed as a whole at no charge to all third parties engaged in non-profit academic research as if those third parties were parties to this Agreement.
f. Causes the Product, when started running for interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty, and informing the user how to view a copy of this Agreement.
4. Title
The Authors retain all rights, title, and ownership of the Product and all subsequent full or partial copies of the Product, made by Licensee or the Authors, including translations, compilations, partial copies, updates and know-how in connection therewith, regardless of the form or media in or on which the same may exist. This Agreement is not a sale of the Product or any copy or derivative. Licensee shall have no right to reproduce any full or partial copies of the Product except as specified in this Agreement. Licensee also agrees to destroy licensed material in all forms upon termination of this Agreement.
5. Confidentiality
Licensee agrees that the Product, and other information, technical data, or know-how related to the Product (including the existence of the Product and the results of use or testing), shall be considered Confidential Information. Licensee agrees to use all reasonable precautions to protect the confidentiality of all Confidential Information and to employ the same regard and methods with which Licensee protects its own most valuable confidential information, and not to disclose the Confidential Information to any third party without the written permission of the Authors. The Licensee acknowledges that unauthorized use or disclosure of the Product may cause irreparable harm to the Authors and the Sponsoring Institutions. Licensee agrees to promptly report any unauthorized use or disclosure to the Authors.
6. No Warranty
ANY PRODUCT, INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER PROPERTY OR RIGHTS, GRANTED OR PROVIDED PURSUANT TO THIS AGREEMENT ARE ON AN "AS IS" BASIS. THE AUTHORS AND THE SPONSORING INSTITUTIONS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, EXCLUSIVITY OR RESULTS OBTAINED FROM USE. NOR SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR INABILITY TO USE SAID INTELLECTUAL PROPERTY OR ANY APPLICATIONS AND DERIVATIONS THEREOF. THE SPONSORING INSTITUTIONS MAKE NO WARRANTY OF ANY KIND WITH RESPECT TO FREEDOM FROM PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT, OR THEFT. THE AUTHORS AND THE SPONSORING INSTITUTIONS DO NOT ASSUME ANY LIABILITY HEREUNDER FOR ANY INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT ARISING FROM THE USE OF THE PRODUCT, INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY, OR OTHER PROPERTY OR RIGHTS GRANTED OR PROVIDED HEREUNDER. LICENSEE AGREES THAT IT WILL NOT MAKE ANY WARRANTY ON BEHALF OF THE AUTHORS AND THE SPONSORING INSTITUTIONS, EXPRESS OR IMPLIED, TO ANY ENTITY CONCERNING THE APPLICATION OF OR THE RESULTS TO BE OBTAINED WITH THE PRODUCT, INFORMATION, MATERIALS, SERVICES, INTELLECTUAL PROPERTY OR OTHER PROPERTY OR RIGHTS, GRANTED OR PROVIDED PURSUANT TO THIS AGREEMENT.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, WILL THE AUTHORS OR SPONSORING INSTITUTIONS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES PURSUANT TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. Licensee bears the entire risk as to the quality and performance of the Product. If the Product is defective in any way, the Authors are not liable and Licensee assumes the entire cost of any service and repair.
8. Indemnification
Licensee hereby agrees to defend, indemnify and hold harmless The Authors, the Sponsoring Institutions, and their trustees, officers, employees, attorneys and agents from all claims or demands made against them (and any related losses, expenses or attorneys’ fees) arising out of or relating to Licensee’s negligent use or willful misuse of or negligent conduct or willful misconduct regarding the Product or derivatives, including but not limited to, any claims of product liability, personal injury, death, damage to property or violation of any laws or regulations.
9. Termination
If the terms of this license agreement are violated, the license and any grants permitted under the license will terminate automatically and the Licensee is subject to the liability of any harm done to the Authors. This license agreement is terminated upon the release of the next version of the Product and may further be terminated within thirty (30) days notice by the Authors.
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