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diff --git a/licenses/HSL b/licenses/HSL index 0c2d13392054..3d96166d45bc 100644 --- a/licenses/HSL +++ b/licenses/HSL @@ -1,222 +1,222 @@ -HSL ACADEMIC LICENCE VERSION 1.2 MAY 2011
-
-
-1 DEFINITIONS AND INTERPRETATION
-
-In this Agreement the following expressions have the following meanings:
-
- "Harmful means any virus, worm, time bomb, time lock, drop dead
- Element" device, trap and access code or anything else that
- might disrupt, disable, harm or impede the operation of
- any information system, or that might corrupt, damage,
- destroy or render inaccessible any software, data or
- file, or that may allow any unauthorised person to gain
- access to, any information system or any software, data
- or file on it;
-
- "Intellectual means patents, trade marks, service marks, registered
- Property" designs, copyrights, database rights, design rights,
- know-how, confidential information, applications for
- any of the above, trade secrets and any similar right
- recognised from time to time in any jurisdiction,
- together with all rights of action in relation to the
- infringement of any of the above;
-
- "Software" means the software and any accompanying documentation
- downloaded by the Licensee; and
-
- "STFC" means the Science and Technology Facilities Council,
- one of whose principal offices is at Rutherford
- Appleton Laboratory, Harwell Oxford, Didcot, OX11 0QX.
-
-2 LICENCE
-
-2.1 In consideration of the confidentiality undertakings given by the Licensee
- pursuant to Clause 4, STFC grants the Licensee, for the duration of this
- agreement, an indefinite, non-exclusive, non-transferable licence to use
- the Software solely for personal use on the terms and conditions of this
- Agreement provided that:
-
- 2.1.1 the Licensee must be employed by, or a student of, a non-profit
- educational, academic or research institute;
-
- 2.1.2 the Licensee may not distribute any of the Software to any third
- party, or share its use with any third party (regardless of whether
- such third party is from the same institution), and the Licensee
- may not sub-license the use of any of the Software;
-
- 2.1.3 the Licensee may not use the Software for any commercial purposes;
- and
-
- 2.1.4 the Licensee may not copy any of the Software except for the
- purposes of making a reasonable number of back-up copies, nor may
- the Licensee modify the Software or incorporate or imbed it into
- any other software products, except to optimise its performance for
- the Licensee's use on a particular platform.
-
-2.2 The licence granted in clause 2.1 relates only to the release of the
- Software at the date of this Agreement. The Licensee must acquire a new
- licence from STFC to use any future release of the Software.
-
-2.3 The Licensee will not tamper with or remove any copyright or other
- proprietary notice or any disclaimer that appears on or in any part of
- the Software and will reproduce the same in all copies of the Software.
-
-2.4 In any published work produced by the Licensee which includes results
- achieved by using the Software, the Licensee shall acknowledge that the
- Software was used in producing the results contained in such publication
- by including the following citation: "HSL, a collection of Fortran codes
- for large-scale scientific computation. See http://www.hsl.rl.ac.uk/".
-
-3 WARRANTIES AND LIABILITY
-
-3.1 The Software is supplied as is, including any faults.
-
-3.2 To the maximum extent permitted by the law, STFC excludes all warranties
- conditions or other terms that may be implied into this Agreement whether
- by law, statute or otherwise.
-
-3.3 STFC gives no condition, warranty or other term whatsoever, either
- express or implied including, without limitation, any condition, warranty
- or other term as to the condition of the Software, that the Software is
- free from any Harmful Element, or as to satisfactory quality, fitness for
- a particular purpose, non-infringement, or use of reasonable care and
- skill.
-
-3.4 To the extent permitted under applicable law, STFC shall not be liable in
- contract, tort or otherwise for any loss or damage, howsoever arising in
- connection with the Software. Accordingly, the Licensee acknowledges and
- accepts that it uses the Software at its own risk.
-
-3.5 STFC shall not be liable for any indirect, special, or consequential
- damages, or loss of profit, whether such damages or losses are known,
- foreseen, foreseeable or unforeseen. Nothing in this Agreement shall
- limit STFC's liability for negligently caused death or personal injury
- or fraud.
-
-4 NON-DISCLOSURE AGREEMENT
-
-4.1 In consideration of the disclosure by STFC to the Licensee of the
- Software, the Licensee undertakes that it will respect and preserve the
- confidentiality of the Software for a period of five years after the date
- of such disclosure (subject to clause 4.2 below).
-
-4.2 The obligations contained in this clause 4 shall not apply, or shall
- cease to apply, to such part of the Software as the Licensee can show to
- the reasonable satisfaction of STFC:
-
-4.2.1 has become public knowledge other than through the fault of the Licensee;
- or
-
-4.2.2 was already known to the Licensee prior to disclosure to it by STFC; or
-
-4.2.3 has been received from a third party who neither acquired it in
- confidence from STFC, nor owed STFC a duty of confidence in respect of it.
-
-5 PROPERTY RIGHTS
-
-5.1 The Software is proprietary to STFC. The Licensee acknowledges that any
- disclosure pursuant to this agreement shall not confer on the Licensee
- any Intellectual Property or other rights in relation to the Software.
-
-5.2 Ownership of all complete or partial copies of the Software shall at all
- times remain with STFC. The Licensee agrees to mark any copies of the
- Software which it may make in any tangible medium with a notice that such
- copy belongs to STFC.
-
-6 TERMINATION
-
-6.1 The Licensee may terminate the Agreement at any time by giving at least
- 30 days' prior written notice to STFC.
-
-6.2 The Agreement shall terminate automatically in the event that the
- Licensee no longer fulfils the requirements of clause 2.1.1.
-
-6.3 STFC may terminate the Agreement immediately on giving notice in writing
- to the Licensee if the Licensee commits any serious breach of any term of
- this Agreement and fails (in the case of a breach capable of being
- remedied), within 10 days after the receipt of a request in writing from
- the STFC to do so, to remedy the breach (such request to contain a
- warning of the STFC's intention to terminate).
-
-6.4 Immediately upon the termination of the Agreement the Licensee shall
- destroy the Software and all copies of the whole or any part thereof and
- certify in writing to STFC that they have been destroyed.
-
-6.5 Any termination of this Agreement (howsoever occasioned) shall not affect
- any accrued rights or liabilities of either party nor shall it affect the
- coming into force or the continuance in force of any provision in this
- Agreement which is expressly or by implication intended to come into or
- continue in force on or after such termination.
-
-7 GENERAL
-
-7.1 STFC may assign any of its rights and obligations under this Agreement,
- upon written notice, to any affiliated organization or to a statutory
- successor. Any assignment shall be subject to the assignee undertaking to
- observe the terms and conditions of this Agreement.
-
-7.2 The Licensee may not assign, transfer, charge, sublicense or otherwise
- deal in or dispose of in whole or in part any of its rights or
- obligations under this Agreement without the prior written consent of
- STFC (such consent not to be unreasonably withheld or delayed).
-
-7.3 Nothing in this Agreement will constitute or will be deemed to constitute
- between the parties a partnership, association, joint venture or other
- co-operative entity, or constitute the relationship of principal and
- agent.
-
-7.4 Neither party shall have any liability under or be deemed in breach of
- this Agreement for any delays or failures in performance of this
- Agreement which result from circumstances beyond the reasonable control
- of that party including, without limitation, fire, explosion, flood,
- tempest, unusually adverse weather conditions, failure or shortage of
- power supplies, war, hostilities, riot or acts of terrorism. The party
- affected by such circumstances shall promptly notify the other party in
- writing when such circumstances cause a delay or failure in performance
- and when they cease to do so. If circumstances continue for a continuous
- period of one (1) month, either party may terminate this Agreement by
- written notice to the other party.
-
-7.5 No forbearance, delay or indulgence by either party in enforcing the
- provisions of this Agreement shall prejudice or restrict the rights of
- that party nor shall any waiver of its rights operate as a waiver of any
- subsequent breach and no right, power or remedy herein conferred upon or
- reserved for either party is exclusive of any other right, power or
- remedy available to that party and each such right, power or remedy shall
- be cumulative.
-
-7.6 This Agreement supersedes all prior agreements, arrangements and
- understandings between the parties and constitutes the entire agreement
- between the parties relating to the subject matter hereof (save that
- neither party seeks to exclude liability for any fraudulent
- pre-contractual misrepresentation upon which the other party can be shown
- to have relied). The Licensee hereby warrants to STFC that the Licensee
- has not been induced to enter into this Agreement by any prior
- representations or warranties, whether oral or in writing, except as
- specifically contained in this Agreement and the Licensee hereby
- irrevocably and unconditionally waives any right it may have to claim
- damages for any misrepresentation not contained in this Agreement or for
- breach of any warranty not contained herein (unless such
- misrepresentation or warranty was made fraudulently and was relied upon
- by the Licensee) and/or to rescind this Agreement. No addition to or
- modification of any provision of this Agreement shall be binding upon the
- parties unless made by a written instrument signed by a duly authorised
- representative of each of the parties.
-
-7.7 Notwithstanding that the whole or any part of any provision of this
- Agreement may prove to be illegal or unenforceable the other provisions
- of this Agreement and the remainder of the provision in question shall
- remain in full force and effect.
-
-7.8 The parties confirm their intent not to confer any rights on any third
- parties by virtue of this Agreement and accordingly the Contracts (Rights
- of Third parties) Act 1999 shall not apply to this Agreement.
-
-7.9 This agreement shall be interpreted and construed in accordance with the
- laws of England and Wales. The English Courts will have exclusive
- jurisdiction to deal with any dispute which has arisen or may arise out
- of or in connection with this Agreement, however STFC may enforce the
- Licensee's obligation of confidence in the courts of any jurisdiction
- having competence to issue an injunction directly enforceable against
- the Licensee.
+HSL ACADEMIC LICENCE VERSION 1.2 MAY 2011 + + +1 DEFINITIONS AND INTERPRETATION + +In this Agreement the following expressions have the following meanings: + + "Harmful means any virus, worm, time bomb, time lock, drop dead + Element" device, trap and access code or anything else that + might disrupt, disable, harm or impede the operation of + any information system, or that might corrupt, damage, + destroy or render inaccessible any software, data or + file, or that may allow any unauthorised person to gain + access to, any information system or any software, data + or file on it; + + "Intellectual means patents, trade marks, service marks, registered + Property" designs, copyrights, database rights, design rights, + know-how, confidential information, applications for + any of the above, trade secrets and any similar right + recognised from time to time in any jurisdiction, + together with all rights of action in relation to the + infringement of any of the above; + + "Software" means the software and any accompanying documentation + downloaded by the Licensee; and + + "STFC" means the Science and Technology Facilities Council, + one of whose principal offices is at Rutherford + Appleton Laboratory, Harwell Oxford, Didcot, OX11 0QX. + +2 LICENCE + +2.1 In consideration of the confidentiality undertakings given by the Licensee + pursuant to Clause 4, STFC grants the Licensee, for the duration of this + agreement, an indefinite, non-exclusive, non-transferable licence to use + the Software solely for personal use on the terms and conditions of this + Agreement provided that: + + 2.1.1 the Licensee must be employed by, or a student of, a non-profit + educational, academic or research institute; + + 2.1.2 the Licensee may not distribute any of the Software to any third + party, or share its use with any third party (regardless of whether + such third party is from the same institution), and the Licensee + may not sub-license the use of any of the Software; + + 2.1.3 the Licensee may not use the Software for any commercial purposes; + and + + 2.1.4 the Licensee may not copy any of the Software except for the + purposes of making a reasonable number of back-up copies, nor may + the Licensee modify the Software or incorporate or imbed it into + any other software products, except to optimise its performance for + the Licensee's use on a particular platform. + +2.2 The licence granted in clause 2.1 relates only to the release of the + Software at the date of this Agreement. The Licensee must acquire a new + licence from STFC to use any future release of the Software. + +2.3 The Licensee will not tamper with or remove any copyright or other + proprietary notice or any disclaimer that appears on or in any part of + the Software and will reproduce the same in all copies of the Software. + +2.4 In any published work produced by the Licensee which includes results + achieved by using the Software, the Licensee shall acknowledge that the + Software was used in producing the results contained in such publication + by including the following citation: "HSL, a collection of Fortran codes + for large-scale scientific computation. See http://www.hsl.rl.ac.uk/". + +3 WARRANTIES AND LIABILITY + +3.1 The Software is supplied as is, including any faults. + +3.2 To the maximum extent permitted by the law, STFC excludes all warranties + conditions or other terms that may be implied into this Agreement whether + by law, statute or otherwise. + +3.3 STFC gives no condition, warranty or other term whatsoever, either + express or implied including, without limitation, any condition, warranty + or other term as to the condition of the Software, that the Software is + free from any Harmful Element, or as to satisfactory quality, fitness for + a particular purpose, non-infringement, or use of reasonable care and + skill. + +3.4 To the extent permitted under applicable law, STFC shall not be liable in + contract, tort or otherwise for any loss or damage, howsoever arising in + connection with the Software. Accordingly, the Licensee acknowledges and + accepts that it uses the Software at its own risk. + +3.5 STFC shall not be liable for any indirect, special, or consequential + damages, or loss of profit, whether such damages or losses are known, + foreseen, foreseeable or unforeseen. Nothing in this Agreement shall + limit STFC's liability for negligently caused death or personal injury + or fraud. + +4 NON-DISCLOSURE AGREEMENT + +4.1 In consideration of the disclosure by STFC to the Licensee of the + Software, the Licensee undertakes that it will respect and preserve the + confidentiality of the Software for a period of five years after the date + of such disclosure (subject to clause 4.2 below). + +4.2 The obligations contained in this clause 4 shall not apply, or shall + cease to apply, to such part of the Software as the Licensee can show to + the reasonable satisfaction of STFC: + +4.2.1 has become public knowledge other than through the fault of the Licensee; + or + +4.2.2 was already known to the Licensee prior to disclosure to it by STFC; or + +4.2.3 has been received from a third party who neither acquired it in + confidence from STFC, nor owed STFC a duty of confidence in respect of it. + +5 PROPERTY RIGHTS + +5.1 The Software is proprietary to STFC. The Licensee acknowledges that any + disclosure pursuant to this agreement shall not confer on the Licensee + any Intellectual Property or other rights in relation to the Software. + +5.2 Ownership of all complete or partial copies of the Software shall at all + times remain with STFC. The Licensee agrees to mark any copies of the + Software which it may make in any tangible medium with a notice that such + copy belongs to STFC. + +6 TERMINATION + +6.1 The Licensee may terminate the Agreement at any time by giving at least + 30 days' prior written notice to STFC. + +6.2 The Agreement shall terminate automatically in the event that the + Licensee no longer fulfils the requirements of clause 2.1.1. + +6.3 STFC may terminate the Agreement immediately on giving notice in writing + to the Licensee if the Licensee commits any serious breach of any term of + this Agreement and fails (in the case of a breach capable of being + remedied), within 10 days after the receipt of a request in writing from + the STFC to do so, to remedy the breach (such request to contain a + warning of the STFC's intention to terminate). + +6.4 Immediately upon the termination of the Agreement the Licensee shall + destroy the Software and all copies of the whole or any part thereof and + certify in writing to STFC that they have been destroyed. + +6.5 Any termination of this Agreement (howsoever occasioned) shall not affect + any accrued rights or liabilities of either party nor shall it affect the + coming into force or the continuance in force of any provision in this + Agreement which is expressly or by implication intended to come into or + continue in force on or after such termination. + +7 GENERAL + +7.1 STFC may assign any of its rights and obligations under this Agreement, + upon written notice, to any affiliated organization or to a statutory + successor. Any assignment shall be subject to the assignee undertaking to + observe the terms and conditions of this Agreement. + +7.2 The Licensee may not assign, transfer, charge, sublicense or otherwise + deal in or dispose of in whole or in part any of its rights or + obligations under this Agreement without the prior written consent of + STFC (such consent not to be unreasonably withheld or delayed). + +7.3 Nothing in this Agreement will constitute or will be deemed to constitute + between the parties a partnership, association, joint venture or other + co-operative entity, or constitute the relationship of principal and + agent. + +7.4 Neither party shall have any liability under or be deemed in breach of + this Agreement for any delays or failures in performance of this + Agreement which result from circumstances beyond the reasonable control + of that party including, without limitation, fire, explosion, flood, + tempest, unusually adverse weather conditions, failure or shortage of + power supplies, war, hostilities, riot or acts of terrorism. The party + affected by such circumstances shall promptly notify the other party in + writing when such circumstances cause a delay or failure in performance + and when they cease to do so. If circumstances continue for a continuous + period of one (1) month, either party may terminate this Agreement by + written notice to the other party. + +7.5 No forbearance, delay or indulgence by either party in enforcing the + provisions of this Agreement shall prejudice or restrict the rights of + that party nor shall any waiver of its rights operate as a waiver of any + subsequent breach and no right, power or remedy herein conferred upon or + reserved for either party is exclusive of any other right, power or + remedy available to that party and each such right, power or remedy shall + be cumulative. + +7.6 This Agreement supersedes all prior agreements, arrangements and + understandings between the parties and constitutes the entire agreement + between the parties relating to the subject matter hereof (save that + neither party seeks to exclude liability for any fraudulent + pre-contractual misrepresentation upon which the other party can be shown + to have relied). The Licensee hereby warrants to STFC that the Licensee + has not been induced to enter into this Agreement by any prior + representations or warranties, whether oral or in writing, except as + specifically contained in this Agreement and the Licensee hereby + irrevocably and unconditionally waives any right it may have to claim + damages for any misrepresentation not contained in this Agreement or for + breach of any warranty not contained herein (unless such + misrepresentation or warranty was made fraudulently and was relied upon + by the Licensee) and/or to rescind this Agreement. No addition to or + modification of any provision of this Agreement shall be binding upon the + parties unless made by a written instrument signed by a duly authorised + representative of each of the parties. + +7.7 Notwithstanding that the whole or any part of any provision of this + Agreement may prove to be illegal or unenforceable the other provisions + of this Agreement and the remainder of the provision in question shall + remain in full force and effect. + +7.8 The parties confirm their intent not to confer any rights on any third + parties by virtue of this Agreement and accordingly the Contracts (Rights + of Third parties) Act 1999 shall not apply to this Agreement. + +7.9 This agreement shall be interpreted and construed in accordance with the + laws of England and Wales. The English Courts will have exclusive + jurisdiction to deal with any dispute which has arisen or may arise out + of or in connection with this Agreement, however STFC may enforce the + Licensee's obligation of confidence in the courts of any jurisdiction + having competence to issue an injunction directly enforceable against + the Licensee. |