Academic licence for Global Phasing software
FOREWORD
Global Phasing Limited ("GPhL") is pleased to make the production
version of its software ("Software") available free of charge
to academic users ("Licensees", as defined below). There is no
time limit on this availability: our practice of issuing licence
keys for 1 year periods is only a means of encouraging users to update
their software regularly. The extension of academic licences is a
straightforward operation carried out by the users themselves, which
is in no way dependent on any form of payment whatsoever.
autoPROC END USER LICENCE AGREEMENT
ACADEMIC VERSION
GRANT.
Global Phasing Limited ("GPhL") hereby grants you a non-exclusive
licence to use its accompanying software product autoPROC (the
"Software") free of charge if and only if
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you are a student, faculty member or staff member of an educational
institution, or an employee of a charitable non-profit
organisation, engaged in non-proprietary scientific projects,
i.e. projects all results of which will be made public without
preferential prior disclosure to a for-profit organisation.
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Government agencies are not necessarily considered charitable
non-profit organisations for the purposes of this licence agreement.
If you do not fit within the description above, you are not eligible
for an academic licence and you should instead apply for a commercial
licence. If you are using the Software free of charge, you will not
be entitled to support or telephone assistance.
You may not:
- permit other individuals to use the Software except under the
terms listed above;
- modify, translate, reverse engineer, decompile, disassemble
(except to the extent applicable laws specifically prohibit such
restriction), or create derivative works based on the Software;
- copy the Software (except for back-up purposes);
- rent, lease, transfer, or otherwise transfer rights to, the
Software;
- remove any proprietary notices or labels on the Software.
In addition, the Software may not be utilized by an end-user engaged
in activities related to weapons of mass destruction, including but
not necessarily limited to, activities related to the design,
development, production or use of nuclear materials, nuclear
facilities, or nuclear weapons, missiles or support of missile
projects, or chemical or biological weapons.
SOFTWARE.
This licence does not grant you any right to any enhancement or
update.
TITLE.
Title, ownership rights, and intellectual property rights in and to
the Software shall remain in GPhL and/or its suppliers. The Software
is protected by the copyright laws of the United Kingdom, the United
States and under international copyright treaties. Title, ownership
rights, and intellectual property rights in and to the content
accessed through the Software is the property of the applicable
content owner and may be protected by applicable copyright or other
law. This licence gives you no rights to such content.
CITATION.
You agree to acknowledge the use of the Software in all publications
or reports of results obtained using the Software, and to cite those
of the following references that are pertinent to the use you made of
the Software:
autoPROC :
Vonrhein, C., Flensburg, C., Keller, P., Sharff, A., Smart, O.,
Paciorek, W., Womack, T. & Bricogne, G. (2011). Data processing and
analysis with the autoPROC toolbox. Acta Cryst. D67, 293-302.
Please also cite all references to external software packages used
within the autoPROC pipeline (if applicable) or through our user
interface(s). Those references are given in the relevant log files.
DISCLAIMER OF WARRANTY.
Since the Software is provided free of charge, the Software is
provided on an "AS IS" basis, without warranty of any kind, including
without limitation the warranties of merchant-ability, fitness for a
particular purpose and non-infringement. The entire risk as to the
quality and performance of the Software is borne by you. Should the
Software prove defective, you and not GPhL assume the entire cost of
any service and repair. In addition, the security mechanisms
implemented by the Software have inherent limitations, and you must
determine that the Software sufficiently meets your requirements. This
disclaimer of warranty constitutes an essential part of the agreement.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR
OTHERWISE, SHALL GPhL OR ITS SUPPLIERS OR RE-SELLERS BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO
EVENT WILL GPhL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID
FOR THIS LICENCE TO THE SOFTWARE, EVEN IF GPhL SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS
SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION.
There is no time limitation to this licence, provided you comply with
the conditions stated above. This licence will terminate automatically
if you fail to comply with any of those conditions, and on such
termination you must destroy all copies of the Software.
MISCELLANEOUS.
This Agreement represents the complete agreement concerning this
licence between the parties and supersedes all prior agreements and
representations between them. It may be amended only by a writing
executed by both parties. If any provision of this Agreement is held
to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable. This Agreement
shall be governed by and construed under British law as such law
applies to agreements between United Kingdom residents entered into
and to be performed within Britain.