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diff --git a/licenses/phaser b/licenses/phaser new file mode 100644 index 000000000000..e03a57a14797 --- /dev/null +++ b/licenses/phaser @@ -0,0 +1,280 @@ +Software: PHASER +Version: 1.3 + +This End User Licence Agreement is a legal agreement between you the +"Licensee" (in your capacity as an individual and as an agent for your +institution or other entity) +and +Cambridge University Technical Services Limited ("CUTS") whose registered +office is at 16 Mill Lane, Cambridge, CB2 1SB UK. + +CUTS is a company wholly owned by the Chancellor, Masters and Scholars of the +University of Cambridge which holds title in intellectual property rights +including in the Software and carries on trading, business and technology +transfer transactions on behalf of the University of Cambridge. + +CUTS is the entire legal and beneficial owner and licensor of the Software and +desires to grant on the Software non-exclusive, restricted-use licences for +in-house use to appropriate academic and non-commercial third parties. + +Downloading the Software from its internet publication site (restricted access +via user ID and password) at +http://www-structmed.cimr.cam.ac.uk/phaser/download.html, installing, or +using of the Software by you indicates your agreement to be bound by the terms +and conditions of this Agreement. If you do not agree to these terms and +conditions, do not download, install or use the Software. + +AGREED TERMS + +1. DEFINITIONS + +1.1 In this Agreement the following words and phrases shall, unless the +context otherwise requires, have the following meanings: + +Commencement Date means the initial date of download of the Software from its +internet publication site by the Licensee; + +Derivatives means computer programs in machine readable object code or source +code form developed or otherwise acquired by the Licensee which are a +modification of, enhancement to, derived from or based upon the Software; + +Intellectual Property Rights means all patents, copyrights, design rights, +trade marks, service marks, trade secrets, know-how, database rights and other +rights in the nature of intellectual property rights (whether registered or +unregistered) and all applications for the same, anywhere in the world; + +Parties means CUTS and the Licensee and "Party" shall mean either of them; + +Software means the computer program and version listed at the head of this +Agreement. + +2. GRANT OF LICENCE + +2.1 CUTS hereby grants to the Licensee and the Licensee hereby accepts a +non-exclusive, non-transferable, royalty-free licence, commencing on the +Commencement Date and for a term of five years therefrom, to download, install +and use the Software subject to the following terms and conditions: + +(a) the Licensee may use the Software solely for its internal use and the +Licensee shall not sell, give, disclose, lend, transfer, sublicense or +otherwise distribute the Software to any third party, or allow the Software to +be accessed over the internet or in any other manner that would allow access +to the Software by anyone other than the Licensee's employees (and consultants +and contractors provided such use is solely for the Licensee's internal use +and subject to the provisions of this Agreement); + +(b) the Licensee may create Derivatives solely for its own internal use but +shall not distribute the Software or any Derivatives in whole or in part to +any third party; + +(c) the Software may be installed and used only on computers owned or leased +by the Licensee; + +(d) the Licensee may copy the Software solely to the extent necessary to +exercise this Licence, and for backup, disaster recovery and archival +purposes, provided that the Licensee shall retain on all copies of the +Software the following copyright notice: © 2000-2005. Cambridge University +Technical Services Limited. All rights reserved. + +3. INTELLECTUAL PROPERTY RIGHTS + +3.1 The Licensee acknowledges that all Intellectual Property Rights in the +Software and any copies thereof belong and shall belong to CUTS and the +Licensee shall have no rights in or to the Software other than the right to +use it in accordance with the terms of the Licence in this Agreement. + +3.2 Title to and ownership of any portion of the Software incorporated into +Derivatives shall at all times remain with CUTS and the Licensee shall not +have any title or ownership interest therein. + +3.3 Title to and ownership of any portion of Derivatives created by the +Licensee and not owned by CUTS pursuant to Clauses 3.1 and 3.2 above shall be +held by the Licensee. Nothing contained in this Licence shall be construed to +limit CUTS rights to modify or to develop other derivatives of the Software +which are similar to or offer the same or similar improvements as any +Derivatives developed by the Licensee. + +3.4 Error fixes, bug fixes, technical suggestions, comments and suggested +improvements to the Software and its code are welcome by the authors of the +Software and CUTS, and in agreeing to provide these to the authors or to CUTS +the Licensee hereby assigns the Intellectual Property Rights in error fixes, +bug fixes, or technical improvements to CUTS which are communicated in any +manner or medium to the authors of the Software or CUTS with a reservation of +use of those improvements and suggestions by the Licensee subject to the terms +and conditions of the Licence in this Agreement. + +4. NO MAINTENANCE OR SUPPORT + +4.1 CUTS is under no obligation whatsoever to: + +(a) provide maintenance or support for the Software; or + +(b) notify the Licensee of error fixes, bug fixes, patches, or upgrades to +the features, functionality or performance of the Software ("Enhancements") +(if any), whether developed by CUTS or third parties. If, in its sole +discretion, CUTS makes an Enhancement available to the Licensee and CUTS does +not separately enter into a written licence agreement with the Licensee +relating to such bug fix, patch or upgrade, then it shall be deemed +incorporated into the Software and subject to this Agreement. + +5. DISCLAIMER OF WARRANTIES + +5.1 CUTS warrants that the Software will conform substantially with its +functional specifications. Otherwise the Software is supplied "as is" without +warranty of any kind. CUTS, its licensors and its employees: + +(a) disclaim any warranties, express or implied, including but not limited to +any implied warranties of merchantability, fitness for a particular purpose, +title or non-infringement of third party rights; + +(b) do not assume any legal liability or responsibility for the accuracy, +completeness, or usefulness of the Software; + +(c) do not represent that use of the Software will not infringe privately +owned rights; + +(d) do not warrant that the Software will function uninterrupted, that it is +error-free or that any errors will be corrected. + +6. LIMITATION OF LIABILITY + +6.1 The Software is provided for academic non-commercial purposes only. +Therefore, in no event will CUTS or its licensors or its employees be liable +to the Licensee for any indirect, incidental, consequential, special or +punitive damages of any kind or nature, including but not limited to loss of +profits or loss of data, for any reason whatsoever, whether such liability is +asserted on the basis of contract, tort (including negligence or strict +liability), or otherwise, even if CUTS has been warned of the possibility of +such loss or damages. + +6.2 The limitations and exclusions in this Agreement shall not apply in +respect of claims for personal injury or death caused by the negligence of +CUTS, its licensors or its employees or in respect of fraud or fraudulent +misrepresentation. + +7. INDEMNITY + +7.1 The Licensee shall indemnify CUTS, the Software authors, the Software +sponsors, and their agents, officers, and employees, against any and all +claims, suits, losses, damages, costs, fees, and expenses arising out of or in +connection with any claim or threatened claim by any third party relating to +or arising from the use of the Software by the Licensee. The Licensee shall +pay all costs incurred by CUTS in enforcing this provision. + +8. TERM AND TERMINATION + +8.1 This Agreement and the Licence granted herein shall come into effect +on the Commencement Date and will continue for the duration of five years +therefrom unless terminated by CUTS in accordance with this Agreement. If the +Licensee breaches any term of this Agreement, and fails to cure such breach +within thirty (30) days of the date of written notice, this Agreement shall +immediately terminate. Upon such termination the Licensee shall immediately +cease using the Software, return to CUTS or destroy all copies of the +Software, and provide CUTS with written certification of the Licensee's +compliance with the foregoing. Termination shall not relieve the Licensee +from its obligations arising prior to such termination. Notwithstanding any +provision of this Agreement to the contrary, Sections 3, 5, 6, 7, 8, 9, 10, +13, 14 and 18 shall survive termination of this Agreement. + +9. CONFIDENTIALITY + +9.1 The Licensee agrees and undertakes that during the term of the Licence in +this Agreement and thereafter it will keep confidential all, and will not use +for its own purposes nor without the prior written consent of CUTS disclose to +any third party any information of a confidential nature (including trade +secrets and information of commercial value) which may become known to the +Licensee and which relates to CUTS unless such information is public knowledge +or already known to the Licensee at the time of disclosure or subsequently +becomes public knowledge other by breach of the Licence in this Agreement or +subsequently comes lawfully into the possession of the Licensee from a third +party. + +10. NO SUBLICENSING AND NO ASSIGNMENT + +10.1 The Licensee shall have no right to sub-license or to assign, +transfer, charge or deal in any other manner the benefit or burden of the +Licence in this Agreement in whole or in part or to allow the Software to +become the subject of any charge, lien or encumbrance without the prior +written consent of CUTS such consent may be withheld without giving any +reasons. + +11. WAIVER + +11.1 No forbearance or delay by either party in enforcing its rights will +prejudice or restrict the rights of that party, and no waiver of any such +rights or of any breach of any contractual terms will be deemed to be a waiver +of any other right or of any later breach. + +12. SEVERABILITY + +12.1 If any provision of the Licence in this Agreement is judged to be +illegal or unenforceable, the continuation in full force and effect of the +remainder of the provisions will not be prejudiced. + +13. NO AGENCY OR PARTNERSHIP + +13.1 Nothing contained or implied in this Agreement constitutes a Party the +partner, agent, or legal representative of another party or of the other Party +for any purpose or creates any partnership, agency or trust, and no Party has +any authority to bind the other Party in any way. + +14. THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 + +14.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to +this Agreement and nothing in this Agreement shall confer or purport to confer +on or operate to give any third Party any benefit or any right to enforce any +term of this Agreement. + +15. NOTICES + +15.1 Any notice to be given under this Agreement shall be in writing and +delivered by hand, prepaid registered post or facsimile to a Party at the +address set out at the head of this Agreement or to such other address or fax +number as any Party may specify in writing to another. Notices are deemed to +have been given: + +(a) if delivered by hand, at the time of delivery unless delivered after 5pm +in the place of receipt or on a non-business day, in which case the notice is +deemed to have been given at 9am the next business day; + +(b) if sent by registered post from within the United Kingdom, three +business days after posting (or seven business days if posted from outside the +United Kingdom); and + +(c) if sent by facsimile, at the time the facsimile is received shown in +the transmission report as the time that the whole facsimile was sent unless +received after 5pm in the place of receipt or on a non-business day, in which +case the notice is deemed to have been given at 9am the next business day. +Any notice served by facsimile transmission shall be confirmed by post. + +16. ENTIRE AGREEMENT + +16.1 This Agreement constitutes the entire agreement and understanding of the +Parties and supersedes all negotiations, understandings or previous agreement +between the Parties relating to the subject matter of this Agreement. + +17. GOVERNING LAW + +17.1 This Agreement and any documents to be entered into pursuant to it +shall be governed by and construed in accordance with English law and each +Party irrevocably submits to the exclusive jurisdiction of the courts of +England over any claim or matter arising under or in connection with this +Agreement and the documents entered into pursuant to it. + +18. EXPORT CONTROL REGULATIONS + +18.1 'Export Control Regulations' means any United Nations trade sanctions +or EU or UK legislation or regulation, from time to time in force, which +impose arms embargoes or control of export of goods, technology or software. + +18.2 The Licensee shall ensure that, in using the Software it shall not and +nor shall its employees breach or compromise directly of indirectly compliance +with any Export Control Regulations. + + + +If you have any questions or feedback concerning the Software, contact +University of Cambridge, Department of Haematology, Cambridge Institute for +Medical Research, Wellcome Trust/MRC Building, Cambridge CB2 0XY UK. +Attn: Professor Randy Read, or via email at cimr-phaser@lists.cam.ac.uk + diff --git a/licenses/phaser-com b/licenses/phaser-com new file mode 100644 index 000000000000..3c1b3a03c800 --- /dev/null +++ b/licenses/phaser-com @@ -0,0 +1,290 @@ +Software: PHASER +Version: 1.3 + +This End User Licence Agreement ("Agreement") is a legal agreement between +your company the "Licensee" +and +CAMBRIDGE UNIVERSITY TECHNICAL SERVICES LIMITED ("CUTS") whose registered +office is at 16 Mill Lane, Cambridge, CB2 1SB UK. + +CUTS is a company wholly owned by the Chancellor, Masters and Scholars of the +University of Cambridge which holds title in intellectual property rights +including in the Software and carries on trading, business and technology +transfer transactions on behalf of the University of Cambridge. + +CUTS is the entire legal and beneficial owner and licensor of the Software and +is willing to license use of the Software by the Licensee. As a condition +precedent to the execution and performance of this Licence, the Licensee +(and/or any of its Affiliates, if applicable, the Licensee and its Affiliates +collectively referred to as the "Licensee" for the purposes of this Agreement) +will have paid up annual fees to the PHENIX Industry Consortium for use of +software, including the Software which is the subject of the Licence in this +Agreement, which has been assembled for the PHENIX Industry Consortium. + +Downloading the Software from its internet publication site (restricted access +via user ID and password) at +http://www-structmed.cimr.cam.ac.uk/phaser/download.html, installing, or use +of the Software by the Licensee indicates the Licensee's agreement to be bound +by the terms and conditions of this Agreement. If the Licensee does not agree +to these terms and conditions, the Licensee may not download, install or use +the Software. + +AGREED TERMS + +1. DEFINITIONS + +1.1 In this Agreement the following words and phrases shall, unless the +context otherwise requires, have the following meanings: + +Commencement Date means the initial date of download of the Software from its +internet publication site by the Licensee; + +Derivatives means computer programs in machine readable object code or source +code form developed or otherwise acquired by the Licensee which are a +modification of, enhancement to, derived from or based upon the Software; + +Fee means the annual licence fee payable by the Licensee to the PHENIX +Industry Consortium; + +Intellectual Property Rights means all patents, copyrights, design rights, +trade marks, service marks, trade secrets, know-how, database rights and other +rights in the nature of intellectual property rights (whether registered or +unregistered) and all applications for the same, anywhere in the world; + +Parties means CUTS and the Licensee and "Party" shall mean either of them; + +Software means the computer program and version listed at the head of this +Agreement. + +2. GRANT OF LICENCE + +2.1 In consideration of the Fee, CUTS hereby grants to the Licensee a +non-exclusive, non-transferable, royalty-free licence, commencing on the +Commencement Date and for the duration of payment of the Fee, to download, +install and use the Software subject to the following terms and conditions: + +(a) the Licensee may use the Software solely for its internal use and the +Licensee shall not sell, give, disclose, lend, transfer, sublicense or +otherwise distribute the Software to any third party, or allow the Software to +be accessed over the internet or in any other manner that would allow access +to the Software by anyone other than the Licensee's employees (and consultants +and contractors provided such use is solely for the Licensee's internal use +and subject to the provisions of this Agreement); + +(b) the Licensee may create Derivatives solely for its own internal use but +shall not distribute the Software or any Derivatives in whole or in part to +any third party; + +(c) the Software may be installed and used only on computers owned or leased +by the Licensee; + +(d) the Licensee may copy the Software solely to the extent necessary to +exercise this Licence, and for backup, disaster recovery and archival +purposes, provided that the Licensee shall retain on all copies of the +Software the following copyright notice: © 2000-2005. Cambridge University +Technical Services Limited. All rights reserved. + +3. INTELLECTUAL PROPERTY RIGHTS + +3.1 The Licensee acknowledges that all Intellectual Property Rights in the +Software belong and shall belong to CUTS and the Licensee shall have no rights +in or to the Software other than the right to use it in accordance with the +terms of the Licence in this Agreement. + +3.2 Title to and ownership of any portion of the Software incorporated into +Derivatives shall at all times remain with CUTS and the Licensee shall not +have any title or ownership interest therein. + +3.3 Title to and ownership of any portion of Derivatives created by the +Licensee and not owned by CUTS pursuant to Clauses 3.1 and 3.2 above shall be +held by the Licensee. Nothing contained in this Licence shall be construed to +limit CUTS rights to modify or to develop other derivatives of the Software +which are similar to or offer the same or similar improvements as any +Derivatives developed by the Licensee. + +3.4 Error fixes, bug fixes, technical suggestions, comments and suggested +improvements to the Software and its code are welcome by the authors of the +Software and CUTS, and in agreeing to provide these to the authors or to CUTS +the Licensee hereby assigns the Intellectual Property Rights in error fixes, +bug fixes, or technical improvements to CUTS which are communicated in any +manner or medium to the authors of the Software or CUTS with a reservation of +use of those improvements and suggestions by the Licensee subject to the terms +and conditions of the Licence in this Agreement. + +4. NO MAINTENANCE OR SUPPORT + +4.1 CUTS is under no obligation whatsoever to: + +(a) provide maintenance or support for the Software; or + +(b) notify the Licensee of error fixes, bug fixes, patches, or upgrades to +the features, functionality or performance of the Software ("Enhancements") +(if any), whether developed by CUTS or third parties. If, in its sole +discretion, CUTS makes an Enhancement available to the Licensee and CUTS does +not separately enter into a written licence agreement with the Licensee +relating to such bug fix, patch or upgrade, then it shall be deemed +incorporated into the Software and subject to this Agreement. + +5. DISCLAIMER OF WARRANTIES + +5.1 CUTS warrants that the Software will conform substantially with its +functional specifications. Otherwise the Software is supplied "as is" without +warranty of any kind. CUTS, its licensors and its employees: + +(a) disclaim any warranties, express or implied, including but not limited to +any implied warranties of merchantability, fitness for a particular purpose, +title or non-infringement of third party rights; + +(b) do not assume any legal liability or responsibility for the accuracy, +completeness, or usefulness of the Software; + +(c) do not represent that use of the Software will not infringe privately +owned rights; + +(d) do not warrant that the Software will function uninterrupted, that it is +error-free or that any errors will be corrected. + +6. LIMITATION OF LIABILITY + +6.1 In no event will CUTS or its licensors or its employees be liable to +the Licensee for any indirect, incidental, consequential, special or punitive +damages of any kind or nature, including but not limited to loss of profits or +loss of data, for any reason whatsoever, whether such liability is asserted on +the basis of contract, tort (including negligence or strict liability), or +otherwise, even if CUTS has been warned of the possibility of such loss or +damages. In no event shall CUTS' liability arising from or in connection with +this Agreement exceed a sum equivalent to the annual Fee paid by the Licensee +to the PHENIX Industry Consortium for use of the Software. + +6.2 The limitations and exclusions in this Agreement shall not apply in +respect of claims for personal injury or death caused by the negligence of +CUTS, its licensors or its employees or in respect of fraud or fraudulent +misrepresentation. + +7. INDEMNITY + +7.1 The Licensee shall indemnify CUTS, the Software authors, the Software +sponsors, and their agents, officers, and employees, against any and all +claims, suits, losses, damages, costs, fees, and expenses arising out of or in +connection with any claim or threatened claim by any third party relating to +or arising from the use of the Software by the Licensee. The Licensee shall +pay all costs incurred by CUTS in enforcing this provision. + +8. TERM AND TERMINATION + +8.1 This Agreement and the Licence granted herein shall come into effect +on the Commencement Date and will continue for the duration of payment of the +Fee unless terminated by CUTS in accordance with this Agreement. If the +Licensee breaches any term of this Agreement, and fails to cure such breach +within thirty (30) days of the date of written notice, this Agreement shall +immediately terminate. Upon such termination the Licensee shall immediately +cease using the Software, return to CUTS or destroy all copies of the +Software, and provide CUTS with written certification of the Licensee's +compliance with the foregoing. Termination shall not relieve the Licensee +from its obligations arising prior to such termination. Notwithstanding any +provision of this Agreement to the contrary, Sections 3, 5, 6, 7, 8, 9, 10, +13, 14 and 18 shall survive termination of this Agreement. + +9. CONFIDENTIALITY + +9.1 The Licensee agrees and undertakes that during the term of the Licence in +this Agreement and thereafter it will keep confidential all, and will not use +for its own purposes nor without the prior written consent of CUTS disclose to +any third party any information of a confidential nature (including trade +secrets and information of commercial value) which may become known to the +Licensee and which relates to CUTS unless such information is public knowledge +or already known to the Licensee at the time of disclosure or subsequently +becomes public knowledge other by breach of the Licence in this Agreement or +subsequently comes lawfully into the possession of the Licensee from a third +party. + +10. NO SUBLICENSING AND NO ASSIGNMENT + +10.1 The Licensee shall have no right to sub-license or to assign, +transfer, charge or deal in any other manner the benefit or burden of the +Licence in this Agreement in whole or in part or to allow the Software to +become the subject of any charge, lien or encumbrance without the prior +written consent of CUTS such consent may be withheld without giving any +reasons. + +11. WAIVER + +11.1 No forbearance or delay by either party in enforcing its rights will +prejudice or restrict the rights of that party, and no waiver of any such +rights or of any breach of any contractual terms will be deemed to be a waiver +of any other right or of any later breach. + +12. SEVERABILITY + +12.1 If any provision of the Licence in this Agreement is judged to be +illegal or unenforceable, the continuation in full force and effect of the +remainder of the provisions will not be prejudiced. + +13. NO AGENCY OR PARTNERSHIP + +13.1 Nothing contained or implied in this Agreement constitutes a Party the +partner, agent, or legal representative of another party or of the other Party +for any purpose or creates any partnership, agency or trust, and no Party has +any authority to bind the other Party in any way. + +14. THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 + +14.1 The Contracts (Rights of Third Parties) Act 1999 shall not apply to +this Agreement and nothing in this Agreement shall confer or purport to confer +on or operate to give any third Party any benefit or any right to enforce any +term of this Agreement except as expressly provided in this Agreement. + +15. NOTICES + +15.1 Any notice to be given under this Agreement shall be in writing and +delivered by hand, prepaid registered post or facsimile to a Party at the +address set out at the head of this Agreement or to such other address or fax +number as any Party may specify in writing to another. Notices are deemed to +have been given: + +(a) if delivered by hand, at the time of delivery unless delivered after 5pm +in the place of receipt or on a non-business day, in which case the notice is +deemed to have been given at 9am the next business day; + +(b) if sent by registered post from within the United Kingdom, three +business days after posting (or seven business days if posted from outside the +United Kingdom); and + +(c) if sent by facsimile, at the time the facsimile is received shown in +the transmission report as the time that the whole facsimile was sent unless +received after 5pm in the place of receipt or on a non-business day, in which +case the notice is deemed to have been given at 9am the next business day. +Any notice served by facsimile transmission shall be confirmed by post. + +16. ENTIRE AGREEMENT + +16.1 This Agreement constitutes the entire agreement and understanding of +the Parties and supersedes all negotiations, understandings or previous +agreement between the Parties relating to the subject matter of this +Agreement. + +17. GOVERNING LAW + +17.1 This Agreement and any documents to be entered into pursuant to it +shall be governed by and construed in accordance with English law and each +Party irrevocably submits to the exclusive jurisdiction of the courts of +England over any claim or matter arising under or in connection with this +Agreement and the documents entered into pursuant to it. + +18. EXPORT CONTROL REGULATIONS + +18.1 'Export Control Regulations' means any United Nations trade sanctions +or EU or UK legislation or regulation, from time to time in force, which +impose arms embargoes or control of export of goods, technology or software. + +18.2 The Licensee shall ensure that, in using the Software it shall not and +nor shall its employees or consultants or contractors breach or compromise +directly of indirectly compliance with any Export Control Regulations. + + + +If you have any questions or feedback concerning the Software, contact +University of Cambridge, Department of Haematology, Cambridge Institute for +Medical Research, Wellcome Trust/MRC Building, Cambridge CB2 0XY UK. +Attn: Professor Randy Read, or via email at cimr-phaser@lists.cam.ac.uk + |