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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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+UNIVERSITY OF ILLINOIS
+VISUAL MOLECULAR DYNAMICS SOFTWARE LICENSE AGREEMENT
+
+Upon execution of this Agreement by the party identified below ("Licensee"),
+The Board of Trustees of the University of Illinois ("Illinois"), on behalf
+of The Theoretical and Computational Biophysics Group ("TCBG") in the Beckman
+Institute, will provide the Visual Molecular Dynamics ("VMD") software in
+ExecutableCode and/or Source Code form ("Software") to Licensee, subject to
+the following terms and conditions. For purposes of this Agreement,
+Executable Code is the compiled code, which is ready to run on Licensee's
+computer. Source code consists of a set of files which contain the actual
+program commands that are compiled to form the Executable Code.
+
+1. The Software is intellectual property owned by Illinois, and all right,
+title and interest, including copyright, remain with Illinois. Illinois
+grants, and Licensee hereby accepts, a restricted, non-exclusive,
+non-transferable license to use the Software for academic, research and
+internal business purposes only, e.g. not for commercial use (see Clause 7
+below), without a fee.
+
+2. Licensee may, at its own expense, create and freely distribute
+complimentary works that interoperate with the Software, directing others to
+the TCBG server to license and obtain the Software itself. Licensee may, at
+its own expense, modify the Software to make derivative works. Except as
+explicitly provided below, this License shall apply to any derivative work
+as it does to the original Software distributed by Illinois. Any derivative
+work should be clearly marked and renamed to notify users that it is a
+modified version and not the original Software distributed by Illinois.
+Licensee agrees to reproduce the copyright notice and other proprietary
+markings on any derivative work and to include in the documentation of such
+work the acknowledgement:
+
+ "This software includes code developed by the Theoretical and Computational
+ Biophysics Group in the Beckman Institute for Advanced Science and
+ Technology at the University of Illinois at Urbana-Champaign."
+
+Licensee may redistribute without restriction works with up to 1/2 of their
+non-comment source code derived from at most 1/10 of the non-comment source
+code developed by Illinois and contained in the Software, provided that the
+above directions for notice and acknowledgement are observed. Any other
+distribution of the Software or any derivative work requires a separate
+license with Illinois. Licensee may contact Illinois (vmd@ks.uiuc.edu) to
+negotiate an appropriate license for such distribution.
+
+3. Except as expressly set forth in this Agreement, THIS SOFTWARE IS PROVIDED
+"AS IS" AND ILLINOIS MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF
+ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
+OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF
+THE SOFTWARE WILL NOT INFRINGE ANY PATENT, TRADEMARK, OR OTHER RIGHTS.
+LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
+SOFTWARE AND/OR ASSOCIATED MATERIALS. LICENSEE AGREES THAT UNIVERSITY SHALL
+NOT BE HELD LIABLE FOR ANY DIRECT,INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
+DAMAGES WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT
+OF OR ARISING FROM THIS AGREEMENT OR USE OF THE SOFTWARE AND/OR ASSOCIATED
+MATERIALS.
+
+4. Licensee understands the Software is proprietary to Illinois. Licensee
+agrees to take all reasonable steps to insure that the Softwareis
+protected and secured from unauthorized disclosure, use, or release and
+will treat it 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. Licensee agrees to
+provide the Software only to any other person or entity who has registered
+with Illinois. If licensee is not registering as an individual but as an
+institution or corporation each member of the institution or corporation
+who has access to or uses Software must agree to and abide by the terms
+of this license. If Licensee becomes aware of any unauthorized licensing,
+copying or use of the Software, Licensee shall promptly notify Illinois
+in writing. Licensee expressly agrees to use the Software only in the
+manner and for the specific uses authorized in this Agreement.
+
+5. By using or copying this Software, Licensee agrees to abide by the
+copyright law and all other applicable laws of the U.S. including, but not
+limited to, export control laws and the terms of this license. Illinois
+shall have the right to terminate this license immediately by written
+notice upon Licensee's breach of, or non-compliance with, any
+terms of the license. Licensee may be held legally responsible for any
+copyright infringement that is caused or encouraged by its failure to
+abideby the terms of this license. Upon termination, Licensee agrees to
+destroyall copies of the Software in its possession and to verify such
+destruction in writing.
+
+6. The user agrees that any reports or published results obtained with
+the Software will acknowledge its use by the appropriate citation as
+follows:
+
+"VMD was developed by the Theoretical and Computational Biophysics Group
+ in the Beckman Institute for Advanced Science and Technology at the
+ University of Illinois at Urbana-Champaign."
+
+Any published work which utilizes VMD shall include the following reference:
+"Humphrey, W., Dalke, A. and Schulten, K., `VMD -Visual Molecular
+Dynamics', J. Molecular Graphics, 1996, vol. 14, pp. 33-38."
+
+Electronic documents will include a direct link to the official VMD page
+at http://www.ks.uiuc.edu/Research/vmd/
+
+7. Commercial use of the Software, or derivative works based thereon,
+REQUIRES A COMMERCIAL LICENSE. Should Licensee wish to make commercial
+use of the Software, Licensee will contact Illinois (vmd@ks.uiuc.edu) to
+negotiate an appropriate license for such use. 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 product sold or licensed by or on behalf of Licensee.
+
+8. Government Rights. Because substantial governmental funds have been
+used in the development of VMD, any possession, use or sublicense of the
+Software by or to the United States government shall be subject to such
+required restrictions.
+
+9. VMD is being distributed as a research and teaching tool and as
+such, TCBG encourages contributions from users of the code that might, at
+Illinois' sole discretion, be used or incorporated to make the basic
+operating framework of the Software a more stable, flexible, and/or useful
+product. Licensees who contribute their code to become an internal
+portion of the Software agree that such code may be distributed by
+Illinois under the terms of this License and may be required to sign an
+"Agreement Regarding Contributory Code for VMD Software" before Illinois
+can accept it (contact vmd@ks.uiuc.edu for a copy).
+
+UNDERSTOOD AND AGREED.
+
+
+Contact Information:
+
+The best contact path for licensing issues is by e-mail to
+vmd@ks.uiuc.edu or send correspondence to:
+ VMD Team
+ Theoretical and Computational Biophysics Group
+ Beckman Institute
+ University of Illinois
+ 405 North Mathews MC-251
+ Urbana, Illinois 61801 USA
+ FAX: (217) 244-6078