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diff --git a/licenses/abyss b/licenses/abyss deleted file mode 100644 index 8e9f366c4..000000000 --- a/licenses/abyss +++ /dev/null @@ -1,232 +0,0 @@ -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. |