diff options
| -rw-r--r-- | licenses/HSL | 222 |
1 files changed, 0 insertions, 222 deletions
diff --git a/licenses/HSL b/licenses/HSL deleted file mode 100644 index 3d96166d45bc..000000000000 --- a/licenses/HSL +++ /dev/null @@ -1,222 +0,0 @@ -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. |