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diff --git a/licenses/HSL b/licenses/HSL new file mode 100644 index 000000000..3d96166d4 --- /dev/null +++ b/licenses/HSL @@ -0,0 +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. |