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diff --git a/licenses/abyss b/licenses/abyss new file mode 100644 index 000000000..8e9f366c4 --- /dev/null +++ b/licenses/abyss @@ -0,0 +1,232 @@ +ABySS +Copyright 2009 Genome Sciences Centre +All rights reserved. + +Abyss SOFTWARE LICENSE AGREEMENT (ACADEMIC USE) +CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. This License +Agreement (the "Agreement") is a legal contract between you, your +employer, educational institution or organization (collectively, "You") +and the British Columbia Cancer Agency ("BCCA") with respect to the +license of ABySS, including all associated +documentation (collectively, the "Product"). + +BCCA is willing to license the Product to You only if You accept the +terms and conditions of this Agreement. By clicking on the "I ACCEPT" +button, or by copying, downloading, accessing or otherwise using the +Product, You automatically agree to be bound by the terms of this +Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS +AGREEMENT, DO NOT COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THE +PRODUCT. + +1. AUTHORITY: In the event that You are an educational institution or + organization, Your representative who is clicking the "I ACCEPT" + button, or otherwise copying, downloading, accessing or using the + Product hereby, in their personal capacity, represents and warrants + that they possess the legal authority to enter into this Agreement + on Your behalf and to bind You to the terms of this Agreement. + +2. LICENSE TO USE: BCCA hereby grants to You a personal, + non-exclusive, non-transferable, limited license to use the Product + solely for internal, non-commercial use for non-profit research or + educational purposes only on the terms and conditions contained in + this Agreement. The Product may be installed on a maximum of one + machine per Qualified User at Your premises only. A copy of the + Product installed on a single common machine may be shared for + internal use by Qualified Users only. In order to be a "Qualified + User", an individual must be a student, researcher, professor, + instructor or staff member of a non-profit educational institution + or organization who uses the Product solely for non-profit research + or educational purposes. + +3. RESTRICTIONS: You acknowledge and agree that You shall not, and +shall not authorize any third party to: +(a) make copies of the Product, except as provided in Section 2 and +except for a single backup copy, and any such copy together with the +original must be kept in Your possession or control; +(b) modify, adapt, decompile, disassemble, translate into another +computer language, create derivative works of, or otherwise reverse +engineer the Product, or disclose any trade secrets relating to the +Product, except as permitted in Section 5; +(c) license, sublicense, distribute, sell, lease, transfer, assign, +trade, rent or publish the Product or any part thereof and/or copies +thereof, to any third party; +(d) use the Product to process any data other than Your own; +(e) use the Product or any part thereof for any commercial or +for-profit purpose or any other purpose other than as permitted in +Section 2; or +(f) use, without its express permission, the name of BCCA. + +4. INTELLECTUAL PROPERTY RIGHTS: Subject to Section 5 below, all + patents, copyrights, trade secrets, service marks, trademarks and + other proprietary rights in or related to the Product and any + improvements, modifications and enhancements thereof are and will + remain the exclusive property of BCCA or its licensors. You agree + that You will not, either during or after the termination of this + Agreement, contest or challenge the title to or the intellectual + property rights of BCCA or its licensors in the Product or any + portion thereof. + +5. OWNERSHIP OF IMPROVEMENTS: In the event that the Product, in the + form provided to You, includes source code (the "Source Code"), + You are entitled to make improvements, modifications and + enhancements to the Source Code (collectively, "Improvements") + which Improvements are to be used by You for non-profit research + and educational purposes only and You shall be the owner of those + Improvements that You directly make and of all intellectual + property rights to such Improvements, subject to the foregoing + limits on Your use and distribution of such Improvements. You + hereby grant to BCCA a perpetual, non-exclusive, worldwide, + fully-paid, irrevocable license to use such Improvements for any + purposes whatsoever, and to sublicense such Improvements including + the right for third parties to sublicense the same, in perpetuity + to the extent such rights are not limited in duration under + applicable law, without identifying or seeking Your + consent. Notwithstanding the foregoing, You acknowledge that BCCA + and its licensors will retain or own all rights in and to any + pre-existing code or other technology, content and data that may be + incorporated in the Improvements. For greater certainty, this + Section applies solely to the Source Code and shall not give You + any rights with respect to the object code or any other portion or + format of the Product which use, for greater certainty, is limited + as set forth in this Agreement including as set out in Section 3(b) + above. You acknowledge and agree that you will provide copies of + Improvements to BCCA in such format as reasonably requested by BCCA + at any time upon the request of BCCA. + +6. CONFIDENTIALITY: You acknowledge that the Product is and + incorporates confidential and proprietary information developed, + acquired by or licensed to BCCA. You will take all reasonable + precautions necessary to safeguard the confidentiality of the + Product, and will not disclose any information about the Product to + any other person without BCCA's prior written consent. You will + not allow the removal or defacement of any confidential or + proprietary notice placed on the Product. You acknowledge that any + breach of this Section 6 will cause irreparable harm to BCCA and + its licensors. + +7. NO WARRANTIES: THIS PRODUCT IS PROVIDED TO YOU BY BCCA IN ORDER TO +ALLOW YOU TO OBTAIN ACCESS TO LEADING ACADEMIC RESEARCH. THE PRODUCT +IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY +KIND. NO WARRANTY, REPRESENTATION OR CONDITION EITHER EXPRESS OR +IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR +CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, +DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE SHALL +APPLY. BCCA DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ON A +CONTINUOUS OR TROUBLE FREE BASIS. + +8. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY +APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BCCA TO +YOU EXCEED THE AMOUNT YOU HAVE PAID TO ACQUIRE THE PRODUCT ("MAXIMUM +AMOUNT") AND WHERE YOU HAVE NOT PAID ANY AMOUNT FOR THE PRODUCT THEN +THE MAXIMUM AMOUNT SHALL BE DEEMED TO BE CDN$100.00. IN NO EVENT SHALL +BCCA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL +DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS OR +SAVINGS, REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE +POSSIBILITY OF SUCH DAMAGE. EXCEPT TO THE EXTENT THAT THE LAWS OF A +COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE +LIMITATIONS, EXCLUSIONS AND DISCLAIMERS, THESE LIMITATIONS, EXCLUSIONS +AND DISCLAIMERS SHALL APPLY WHETHER AN ACTION, CLAIM OR DEMAND ARISES +FROM A BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT, +NEGLIGENCE, STRICT LIABILITY OR ANY OTHER KIND OF CIVIL OR STATUTORY +LIABILITY CONNECTED WITH OR ARISING FROM THIS AGREEMENT. YOU AGREE +THAT THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF +LIABILITY ARE FAIR IN LIGHT OF THE NATURE OF THE RIGHTS GRANTED HEREIN +AND THE AMOUNT OF FEES PAID BY YOU IN RESPECT OF THE PRODUCT. + +9. INDEMNITY: You will indemnify, defend and hold harmless BCCA, its + board of directors, staff and agents from and against any and all + liability, loss, damage, action, claim or expense (including + attorney's fees and costs at trial and appellate levels) in + connection with any claim, suit, action, demand or judgement + (collectively, "Claim") arising out of, connected with, resulting + from, or sustained as a result of Your use of the Product or the + downloading of the Product, including without limitation, any Claim + relating to infringement of BCCA's intellectual property rights or + the intellectual property rights of any third party. + +10. SUPPORT AND MAINTENANCE: You acknowledge and agree that, unless + and to the extent expressly agreed by BCCA in a separate written + document, the Product is provided to You without any support or + maintenance from BCCA and, for greater certainty, BCCA shall have + no obligation to issue any update or upgrade to any Product. + +11. TERM: This Agreement is effective until terminated. You may + terminate this Agreement at any time by ceasing use of the Product + and destroying or deleting any copies of the Product. This + Agreement will terminate immediately without notice from BCCA if + You fail to comply with any provision of this Agreement. BCCA may + terminate this Agreement at any time upon notice to you where BCCA + determines, in its sole discretion, that any continued use of the + Product could infringe the rights of any third parties. Upon + termination of this Agreement, and in any event upon BCCA + delivering You notice of termination, You shall immediately purge + all Products from Your computer system(s), return to BCCA all + copies of the Product that are in Your possession or control, and + cease any further development of any Improvements. On any + termination of this Agreement Sections 1, 4, 6, 7, 8, 9, 13 and 14 + shall survive such termination. + +12. GOVERNMENT END USERS: Where any of the Product is used, duplicated + or disclosed by or to the United States government or a government + contractor or sub contractor, it is provided with RESTRICTED + RIGHTS as defined in Title 48 CFR 52.227-19 and is subject to the + following: Title 48 CFR 2.101, 52.227-19, 227.7201 through + 227.7202-4, FAR 52.227-14, and FAR 52.227-19(c)(1-2) and (6/87), + and where applicable, the customary software license, as described + in Title 48 CFR 227-7202 with respect to commercial software and + commercial software documentation including DFAR 252.227-7013, + DFAR 252,227-7014, DFAR 252.227-7015 and DFAR 252.7018, all as + applicable. + +13. USE OF THE DOWNLOAD SERVICE: You acknowledge and agree that you + will be responsible for all costs, charges and taxes (where + applicable) arising out of Your use of the Product and the + downloading of the Product. You acknowledge that You are + responsible for supplying any hardware or software necessary to + use the Product pursuant to this Agreement. + +14. GENERAL PROVISIONS: +(a) This Agreement will be governed by the laws of the Province of +British Columbia, and the laws of Canada applicable therein, excluding +any rules of private international law that lead to the application of +the laws of any other jurisdiction. The United Nations Convention on +Contracts for the International Sale of Goods (1980) does not apply to +this Agreement. The courts of the Province of British Columbia shall +have non-exclusive jurisdiction to hear any matter arising in +connection with this Agreement. +(b) USE OF THE PRODUCT IS PROHIBITED IN ANY JURISDICTION WHICH DOES +NOT GIVE EFFECT TO THE TERMS OF THIS AGREEMENT. +(c) You agree that no joint venture, partnership, employment, +consulting or agency relationship exists between You and BCCA as a +result of this Agreement or Your use of the Product. +(d) You hereby consent to Your contact information and any other +personally identifiable information that You provide to us being +disclosed to and maintained and used by us and our business partners +for the purposes of (i) managing and developing our respective +businesses and operations; (ii) marketing products and services to You +and your staff; and (iii) developing new and enhancing existing +products. You further agree that we may provide this information to +other persons as required to satisfy any legal requirements and to any +person that acquires some or all of the assets of BCCA. Where any of +the personally identifiable information that You provide to us is in +respect of individuals other than Yourself (such as Your staff) then +You represent and warrant to use that You have obtained all necessary +consents and authorizations from such individuals in order to comply +with this provision. Please see the BCCA website for further +information regarding personally identifiable information. +(e) This Agreement is the entire Agreement between You and BCCA +relating to this subject matter. You will not contest the validity of +this Agreement merely because it is in electronic form. No +modification of this Agreement will be binding, unless in writing and +accepted by an authorized representative of each party. +(f) The provisions of this Agreement are severable in that if any +provision in the Agreement is determined to be invalid or +unenforceable under any controlling body of law, that will not affect +the validity or enforceability of the remaining provisions of the +Agreement. +(g) You agree to print out or download a copy of this Agreement and +retain it for Your records. +(h) You consent to the use of the English language in this Agreement. +(i) You may not assign this Agreement or any of Your rights or +obligations hereunder without BCCA's prior written consent. BCCA, at +its sole discretion may assign this Agreement without notice to You. |