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authorkei <kei>2002-05-31 19:19:31 +0000
committerkei <kei>2002-05-31 19:19:31 +0000
commit0755eb683902bf25372cce2b917a59b754af6099 (patch)
treed0fcda5f1a9ee97fcb286dfba32db92696fe85d0 /licenses
parent34cb701a1256ebb367e6401ea2ecf3150c1d9838 (diff)
downloadpkgsrc-0755eb683902bf25372cce2b917a59b754af6099.tar.gz
add a license file for molden from its FTP site.
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+
+Authorization to download and use MOLDEN by commercial
+(non-acedemic,non-profit organisations) users is acquired by printing,
+completing, signing and fax-ing the below agreement to:
+
+CMBI
+Secr. office
+Fax: +31 (0)24 3652977
+
+ License fees:
+ Non-Academic: $ 1000
+
+A duly signed copy of the license agreement and an invoice will be
+returned by mail to licensee.
+
+-----------------------------------------------------------------------------
+-----------------------------------------------------------------------------
+
+MOLDEN Software license agreement.
+----------------------------------
+
+
+ AGREEMENT, effective as of ...................................... ,
+
+between The CMBI at the University of Nijmegen, The Netherlands
+
+("CMBI") and ....................................................
+("Licensee").
+
+ WHEREAS, the CMBI through the work of Drs. G. Schaftenaar has
+developed certain computer software and Licensee desires to use that
+software,
+
+ NOW, THEREFORE, the parties agree as follows:
+
+1. License and Title
+ -----------------
+
+ a. Subject to the terms and conditions hereinafter set forth,
+the CMBI hereby grants a perpetual, nonexclusive and non-transferable
+license (the "License") to Licensee to use the computer software package
+known as MOLDEN version 3.6, which is described more fully in Schedule A
+hereto (the "Software"). This Agreement shall not transfer any title or
+ownership rights in the Software, including intellectual property rights
+embodied therein, which shall at all times remain with the CMBI. The
+License is granted on the conditions that the Software will be used
+solely by Licensee and its departmental employees in its laboratory
+located in ...................................................
+
+ ...................................................
+("Licensee
+Department") for research and/or teaching purposes, and that neither the
+Software, its documentation, the related codes and data, or any changes,
+additions, modifications, improvements or alterations thereof, whether
+made by the CMBI or Licensee, shall knowingly be used by, made available
+to, or disclosed to any other person or entity.
+
+ b. Licensee may not make any copies of the Software, except for use on
+computers owned or leased by Licensee in Licensee Department and one copy
+made for archival or back-up purposes.
+
+ c. Licensee may not change, modify, prepare derivative works from, add
+to, or improve the Software without the CMBI's prior written consent.
+Licensee may not reverse engineer, decompile, disassemble, or take any
+other steps to derive a source code equivalent of the Software.
+
+ d. If this License is terminated for any reason whatsoever, Licensee
+will destroy all copies of the Software, and in either event, certify in
+writing that it has done so and has not retained any copies.
+
+ e. The Software may be used by Licensee on only one or more computers
+that it owns and leases in Licensee Department. Licensee shall provide
+the CMBI promptly with the location and identification of such machines,
+upon the CMBI's request.
+
+
+2. Delivery of Software
+ --------------------
+
+
+ a. Within a period of 3 days of the date or this Agreement, the CMBI
+shall provide the Licensee with a password giving access to the directory
+from which a copy of MOLDEN version 3.6 , more fully described in
+Schedule A, can be FTP'ed to the Licensee's computer.
+
+ b. It is understood that the CMBI will provide no maintenance or
+installation services of any kind hereunder. The CMBI, in its sole
+discretion, will use reasonable efforts to assist Licensee in correcting
+errors brought to the CMBI's attention by Licensee, except that
+the CMBI will not be considered in breach of this Agreement if it is
+unable to do so.
+
+
+3. Software charges.
+ ----------------
+
+ a. Licensee shall pay to the CMBI, upon invoice and within 30 days of
+the date of this Agreement a fee of $(U.S) 1000.
+
+ b. In addition to the fee set forth in section 3a above, Licensee
+shall pay any and all taxes and other costs which may be imposed as a
+result of this Agreement or activities hereunder.
+
+
+4. Confidentiality; Protection of Software and the CMBI Information.
+ -----------------------------------------------------------------
+
+ a. Licensee agrees that the Software and related materials shall be
+held in confidence and are being provided by the CMBI for the exclusive
+use of Licensee. Licensee will be responsible for maintaining and
+securing on behalf of the CMBI the Software and related materials in its
+possession or under its control. Licensee
+(i) will protect the Software and related materials in the same manner
+that it protects its own confidential information;
+(ii) will knowingly permit access to the Software only to its authorized
+employees and/or students designated by Licensee to use and maintain the
+Software and will inform authorized employees and students who will have
+access to the Software of the obligations of confidentiality under this
+Agreement;
+(iii) except as permitted by section 1b above, will not duplicate all or
+any part of the Software or related materials; and
+(iv) will not remove or destroy any proprietary notice on the Software or
+related materials.
+
+ b. Any termination of this Agreement and the License hereunder shall
+not Licensee's obligations of confidentiality under this section 4.
+
+
+5. Disclaimer of Warranties.
+ -------------------------
+
+ a. While the Software has been tested for accuracy and proper
+functioning, the CMBI disclaims any responsibility for the accuracy or
+correctness of the Software or for its use or application by Licensee.
+
+ b. The CMBI is licensing the Software to Licensee on an "as is"
+basis. The CMBI makes no representation or warranty, either express or
+implied, of any kind, and hereby expressely disclaims any warranties,
+representations or guarantees of any kind as to the software, including
+but not limited to, any warranties of merchantability, adequacy or
+suitability of the software for any particular purpose or to produce any
+particular result, and any warranties of freedom of infringement of any
+patents, copyrights, trade secrets or other rights of third parties.
+The CMBI or its employees shall not have any liability to Licensee or
+any other person arising out of the use of the Software by Licensee for
+any reason, including but not limited to the unmerchantability,
+inadequacy or unsuitability of the software for any particular purpose or
+to produce any particular result, or the infringement of any patents,
+copyrights, trade secrets or other rights of third parties, for any
+latent defects therein or the failure of the CMBI to provide Licensee
+with any modifications or changes in the Software.
+
+ c. In no event will the CMBI or its employees be liable to Licensee
+or to any other party for any loss or damages, incidental, consequential,
+indirect or other wise, including, but not limited to time, money, or
+good will, arising from the use or operation of the Software by Licensee.
+In no event shall the CMBI's liability to Licensee execeed the payments
+made by Licensee pursuant to this Agreement.
+
+
+6. Indemnity.
+-------------
+
+ Licensee shall hold harmless, defend and indemnify the CMBI and its
+employees, from and against any damages, suits, claims,liabilities, costs,
+and expenses (including actual attorneys' fees), of any type whatsoever,
+arising out of or relating to, directly or indirectly, the improper, unauthorized,
+negligent or wrongful use or operation of the Software by Licensee. Licensee shall
+reimburse Licensor for any costs incurred by Licensor in enforcing this provision.
+
+
+7. Use of Name.
+---------------
+
+ Licensee will not use the name of the CMBI or the name of
+any of its employees for any purpose whatsoever without the CMBI's
+written consent.
+
+
+8. Termination.
+---------------
+
+ a. The CMBI may terminate this Agreement and the License granted
+hereunder upon 30 days written notice of Licensee's material breach of
+the Agreement and Licensee's failure to cure the breach within 30 days of
+receipt of said notice.. Sections 4, 6 and 7 shall survive the
+termination or expiration of this Agreement.
+
+ b. Licensee may terminate this Agreement and the License hereunder
+upon 30 days written notice to the CMBI; such termination will be
+effective upon compliance with Section 1d above.
+
+
+9. General Provisions.
+----------------------
+
+ a. Notice. Any notice or other communication required or permitted to
+be given under this Agreement shall be sufficient if in writing and shall
+be considered given when mailed by registered mail or electronic fax to
+the parties at the following addresses:
+
+ If to the CMBI:
+
+ Director CMBI
+ CMBI
+ Faculty of Science
+ University of Nijmegen
+ Toernooiveld 1
+ 6525 ED Nijmegen, The Netherlands
+
+ If to Licensee:
+
+ ...............................
+
+ ...............................
+
+ ...............................
+
+ ...............................
+
+ ...............................
+
+ ...............................
+
+
+
+
+ b. Assignment. This Agreement and all rights and obligations
+hereunder may not be assigned, sublicensed or transferred by
+Licensee without the prior written consent of the CMBI.
+
+
+ c. Governing Law. This Agreement shall be governed by Dutch Law
+applicable to agreements made and to be performed in The Netherlands.
+
+
+ d. Entire Agreement; Amendment. This Agreement sets forth the entire
+agreement between the parties and superseeds all previous agreements,
+written, or oral, concerning the subject matter thereof. This Agreement
+may not be changed or terminated orally.
+
+ IN WITNESS WHEREOF, the parties hereto have duly executed this
+Agreement as of the day and year written below:
+
+
+
+CMBI:
+
+By: .................................
+
+
+ G. Vriend
+ Director
+
+ date: ...................
+
+
+
+Licensee:
+
+By: .................................
+
+
+
+ Name: ................................
+
+
+ Title: ...............................
+
+
+
+ date: ...................................
+
+
+
+------------------------------------------------------------------------------
+
+
+SCHEDULE A.
+-----------
+
+
+MOLDEN. Version 3.6
+
+
+An interactive visualization program for chemical structures, orbitals,
+total electron density, difference density, and electrostatic potential
+, ESP charges and Distributed Multipole Analysis.
+
+MOLDEN reads output from the ab-initio programs Gaussian, Gamess-US and
+Gamess-UK. In addition it reads chemx, PDB, a variety of mopac/ampac files
+and cartesian Xmol format.
+
+The X-window version of MOLDEN supports interactive creation and
+inspection of Z-matrices.
+
+Molden supports generation and display of secondary structure
+information of protein structures.
+
+MOLDEN supports contour plots, 3-d grid plots with hidden lines and
+a combination of both. It can write a variety of graphics instructions;
+XWindows, tektronix4014, hpgl, postscript, hp2392 and Figure.
+
+
+MOLDEN is supplied for downloading as executable code for a variety of
+platforms or source code if for the platform required there is no executable
+code available.