Last active
November 10, 2016 19:39
-
-
Save cgreene/660b42a0e6aebb531037db66ec1af494 to your computer and use it in GitHub Desktop.
The license for Xenome software, which is related to this blog post: https://medium.com/@greenescientist/when-software-goes-missing-f6a0dffd68e5
This file contains bidirectional Unicode text that may be interpreted or compiled differently than what appears below. To review, open the file in an editor that reveals hidden Unicode characters.
Learn more about bidirectional Unicode characters
[NON-COMMERCIAL] SOFTWARE LICENSE AGREEMENT | |
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, | |
INSTALLING OR USING NATIONAL ICT AUSTRALIA LIMITED (NICTA) SUPPLIED SOFTWARE. BY | |
DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY | |
THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, THEN DO | |
NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE. | |
This License Agreement is entered into between National ICT Australia Limited | |
(ABN 62 102 206 173) (herein referred to as "Licensor") and you, the Licensee. | |
The computer program(s) and related documentation and materials (herein | |
collectively referred to as "the Software") are licensed, not sold, to the | |
Licensee for use only upon the terms of this license, and Licensor reserves any | |
rights not expressly granted to Licensee. The following terms govern use of the | |
Software by the Licensee. | |
1. Licensor hereby grants you a perpetual, non-exclusive, non-transferable, | |
royalty free license to use the Software for academic and research purposes | |
only. Licensee acknowledges that Licensee may not use the Software for | |
Commercial Purposes. “Commercial purposes” and “Commercial Use” means to use | |
sell, hire or otherwise exploit the Software as part of a product or process | |
which is intended directly or indirectly to make a profit for the Licensee or | |
any third party, or to license or sub-license the Software to any third party | |
2. Licensee may not: | |
a. translate, reverse engineer, decompile, decrypt, disassemble | |
(except to the extent applicable laws specifically prohibit such | |
restriction), or create derivative works based on the Software; | |
b. copy the Software (except for back-up purposes), but subject to | |
clause 11; | |
c. rent, lease, transfer, assign, sub-license or otherwise transfer | |
rights to the Software; | |
d. sell the Software to any third party; or | |
e. remove any proprietary notices or labels on the Software. | |
3. Title, ownership rights, and intellectual property rights in and to the | |
Software shall remain solely with Licensor. | |
4. To the extent permitted by law, the Software is provided on an "AS IS" | |
basis, without warranty of any kind, including without limitation the warranties | |
of merchantability, fitness for a particular purpose and non-infringement. The | |
entire risk as to the quality and performance of the Software is borne by | |
Licensee. Should the Software prove defective, Licensee assumes the entire cost | |
of any service and repair. This disclaimer of warranty constitutes an essential | |
part of this Agreement. | |
5. Except to the extent required by applicable law, Licensor shall not be | |
under any liability (whether for breach of contract, breach of warranty or in | |
tort, including negligence) to Licensee in respect of any loss or damage | |
(including any direct, indirect, special, incidental or consequential loss or | |
damage) howsoever caused, arising as a result of this Agreement. | |
6. Licensee agrees to maintain and reproduce all copyright and other | |
proprietary notices on all copies, in any form, of the Software in the same form | |
and manner that such copyright and other proprietary notices are included on the | |
Software. Licensee may make a reasonable number of copies of the Software and | |
install those copies on separate machines which are owned or controlled by | |
Licensee PROVIDED THAT Licensee does not redistribute the Software under any | |
circumstances to any third party, and provided Licensee retains on those copies | |
all copyright, confidentiality and proprietary notices that appear on the | |
original. | |
7. Licensee agrees that Licensor may request from time to time that the | |
Licensee provide feedback to the Licensor on the Software. Licensee agrees that | |
the Licensor owns all title, ownership rights and intellectual property rights | |
in the feedback provided by Licensee. | |
8. This license will terminate automatically if Licensee fails to comply | |
with the limitations described above. On termination, Licensee must destroy all | |
copies of the Software in electronic or other form, including any copies on | |
backup tapes or other media, and, at Licensor’s request, the Licensee, to the | |
extent practicable, shall deliver to Licensor certification that all copies of | |
the Software have been destroyed.. | |
9. This Agreement represents the complete agreement concerning this license 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 the laws of the State of | |
New South Wales, Australia. The application of the United Nations Convention of | |
Contracts for the International Sale of Goods is expressly excluded. | |
10. As a condition of this license, Licensee shall ensure that any reports, | |
academic papers or published results obtained from use of the Software by | |
Licensee (or by third parties who use the Software with Licensee’s permission | |
under the terms of this License) will contain one or both of the following | |
acknowledgements: | |
i. “Results obtained using Gossamer Software ©2012 National ICT | |
Australia Ltd (NICTA).” | |
ii. "Gossamer - A Resource Efficient de novo Assembler", Thomas | |
Conway, Jeremy Wazny, Andrew Bromage, Justin Zobel and Bryan | |
Beresford-Smith, Bioinformatics 2012; doi: | |
10.1093/bioinformatics/bts297. | |
11. The Licensee understands and accepts that the Software is proprietary to | |
NICTA. The Licensee agrees to take all reasonable steps to ensure that all | |
copies of the Software in their possession under the terms of the License are | |
protected and secured from unauthorized disclosure, use, or redistribution. | |
Licensee will treat the Software with at least the same level of care as | |
Licensee would use to protect and secure its own proprietary computer programs | |
and/or information, but using no less than a reasonable standard of care. | |
12. Licensee agrees to provide access to the Software only to any other | |
person or entity who has agreed to abide by the terms of this Licence. If | |
Licensee is an institution or corporation each individual person who uses the | |
Software with the permission of that institution or corporation must agree to | |
abide by the terms of this license. If the Licensee becomes aware of any | |
unauthorized licensing, copying or use of the Software in breach of this | |
License, the Licensee shall promptly do all things necessary to stop the breach | |
and notify NICTA in writing. The Licensee expressly agrees to use the Software | |
only in the manner and for the specific uses authorized in this Agreement. | |
13. Commercial Use of the Software REQUIRES A COMMERCIAL LICENSE. Should | |
the Licensee wish to make Commercial Use of the Software, Licensee will contact | |
NICTA ([email protected]) to request an appropriate license for such | |
use. In addition to the definition in clause 1 above, Commercial Use includes: | |
(1) integration of all or part of the Software into a product for sale, lease or | |
license by or on behalf of Licensee to third parties, or (2) distribution of | |
the Software to third parties that need it to commercialize a product sold or | |
licensed by or on behalf of Licensee. |
Sign up for free
to join this conversation on GitHub.
Already have an account?
Sign in to comment