Terms ocl

AGREEMENT FOR BIOTECH VANA S.L. SOFTWARE AND DATABASE TOOLS SUPPLIED IN OPEN SOURCE Please read the terms of use of this kind of product carefully before using it. If you do not agree to all of the terms of use contained in this document, please do not install the software. BIOTECHVANA BIOINFORMATICS OPEN SOURCE LICENSING: Biotechvana Bioinformatics is a project partly developed following the philosophy of free software and research. Applications and resources available in open source are given under the terms of the COMMON PUBLIC LICENSE. Free Redistribution: Licensee is free to modify, copy, or redistribute this source code. Source Code: Programs must include source code, and must allow distribution in source code as well as compiled form. Whether some form of a product is not distributed with source code, there must be a well-publicized means of obtaining the source code. Derived Works: modifications and derived works are allowed, and have to be distributed under the same terms as the license of the original software. Integrity of the author's Source Code: Derived Works must carry a different name from the original software. OWNERSHIP AND ACCESIBILITY: This software is property of Biotechvana. Licensee of this software is quoted by payment of an annual subscription. Without limitation of any other provisions, Biotechvana and subscribers agree: For individual researchers and departments, subscription comprises full access to all computational resources available at Biotechvana bioinformatics, as well as permission for downloading and using an unlimited number of licenses per subscriber of all software available in current and all former versions of the Biotechvana Bioinformatics. For institutions and companies including more than one department, it is possible to agree to a collective low-priced subscription covering all departments. Each subscription comprises a number of users whose IP must be identified when registering. Individual subscribers can install this software only in one single computer for personal use. Institutional subscription includes the installation of this software on the computers belonging to the department which purchased the subscription. The subscription is annual. During this time users can use the Biotechvana Bioinformatics resources and download the software as many times as they consider necessary. Once this period has elapsed, the subscription must be renewed to access Biotechvana Bioinformatics again. COPYRIGHTED MATERIAL: All images, trademarks and logos accompanying Biotechvana Bioinformatics software are copyrighted and protected by intellectual property laws and have been included for instructional purposes only. The licensee is granted the permission to use these images and texts for the licensee private work only but they are strictly prohibited to be published or broadcasted online without our prior written permission. If licensee wants to publish online works based on Biotechvana Bioinformatics software, licensee is compelled to substitute all protected materials by contents of his own. Any of these protected contents may not be sold, licensed, transferred, copied or reproduced in whole or in part in any manner or in any media to any person without the prior written consent of Biotech Vana S.L. TECHNICAL TEXTS AND MANUALS: Information available in printed material and/or electronic documentation provided to you in connection with this Agreement are facilitated under the terms of the CREATIVE COMMONS ATTRIBUTION LICENSE. You are free to share, copy, distribute, adapt and transmit the texts and/or any algorithms provided in any in printed material and/or electronic documentation available in Biotechvana Bioinformatics if this material is properly cited. CITATION: If you would like to refer in your investigation to any resource provided by Biotechvana Bioinformatics, you can cite the latest version and section of our collection in which we make that resource available. An example follows: Llorens, C., Futami, R., Vicente-Ripolles, M., and Moya, A. (2007) The CheckAlign logos-maker application in analysis of both gapped and ungapped DNA and protein alignments. In Llorens C. and Moya A. (eds.), Biotechvana Bioinformatics 2007, Biotechvana, Valencia, pp3-7. SUPPORT SERVICE: Biotechvana Bioinformatics is a friendly environment of collaboration on the presentation and introduction of software applications, algorithms, and other insights in the area of bioinformatics and biodatabases. Biotechvana Bioinformatics provides technical support to users, free of charge, during the validity of your subscription period (one year). Technical support does not include warranty for the products provided in open source (SEE THE SECTION BELOW, NO WARRANTY) but it is otherwise a site where we are glad to share or mutually interchange algorithms and/or ideas with our users. Supporting period is automatically extended each time the subscription is renewed. An on-line service for technical support is available at Biotechvana Bioinformatics to request us on technical advice. TERMINATION: This software is not self-limited: If the subscription is not renewed, users can normally use all software downloaded during the duration of the subscription. You may however terminate this Agreement at any time by destroying all copies of the Software products and erasing all copies of the Software products. Biotechvana may also terminate this Agreement immediately upon breach by you of any term hereof. Upon termination, you shall immediately cease all use of the Software products and return or destroy all copies of the Software products and all portions thereof and so certify the same to Biotechvana. Termination is not an exclusive remedy and all other remedies will be available to Biotechvana whether or not the Agreement is terminated. COMMON PUBLIC LICENSE VERSION 1.0: The accompanying program is provided under the terms of this COMMON PUBLIC LICENSE. Any use, reproduction or distribution of the program constitutes licensee's acceptance of this agreement. DEFINITIONS: "Contribution" means: a) In the case of the initial Contributor, the initial code and documentation distributed under this Agreement. b) In the case of each subsequent Contributor, changes to the Program and any type of additions to the Program. Changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor himself/herself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program consisting in separate modules of software distributed in conjunction with the Program under their own license agreement, and not derivative works of the Program. "Contributor" is any person or entity that distributes the Program. "Licensed Patents" are patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program. "Program" means the Contributions distributed in accordance with this Agreement. "Licensee" means anyone who receives the Program under this Agreement, including all Contributors. GRANT OF RIGHTS: a) Subject to the terms of this Agreement, each Contributor hereby grant Licensee a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form. b) Subject to the terms of this Agreement, each Contributor hereby grants Licensee a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder. c) Licensee understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Licensee for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Licensee hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Licensee to distribute the Program, it is Licensee's responsibility to acquire that license before distributing the Program. d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement REQUIREMENTS: A Contributor may choose to distribute the Program in object code form under his/her own license agreement, assuming: a) The program complies with the terms and conditions of this Agreement; and its License agreement b) Disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose: ii) Excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; iii) States that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and iv) States that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. When the Program is made available in source code form, it must be made available under this Agreement and a copy of this Agreement must be included with each copy of the Program. The Contributors may not remove or alter any copyright notices contained within the Program and each Contributor must identify himself/herself as the originator of its Contribution. COMMERCIAL DISTRIBUTION: Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) Promptly notify the Commercial Contributor in writing of such claim. b) Allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defence and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages. NO WARRANTY: EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Licensee is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. DISCLAIMER OF LIABILITY: EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER LICENSEE NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GENERAL: If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties here to, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. If Licensee institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Licensee under this Agreement shall terminate as of the date such litigation is filed. In addition, if Licensee institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Licensee's patent(s), then such Licensee's rights granted under Section 9(b) shall terminate as of the date such litigation is filed. All Licensee's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such non-compliance. If all Licensee's rights under this Agreement terminate, Licensee agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Licensee's obligations under this Agreement and any licenses granted by Licensee relating to the Program shall continue and survive. Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 9 (a) and 9 (b) above, Licensee receives no rights or licenses to the intellectual property of any Contributor under this Agreement. All rights in the Program not expressly granted under this Agreement are reserved. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.   Last revised: January 10, 2008