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End-User Software License Agreement for Caver
1.
National Centre for Biomolecular Research, Faculty of Science,
Masaryk University Brno, The Czech Republic (``LICENSOR'') grants
to (``LICENSEE'') non-exclusive, and non-transferable license to use
the ``CAVER'' computer software program.
Institute of Computer Science, Masaryk University Brno,
The Czech Republic (``LICENSOR'') grants to (``LICENSEE'') non-exclusive.
Using of the associated documentation furnished hereunder (hereinafter
called the ``PROGRAM'') is also granted upon the terms and conditions
hereinafter set out and until termination of this license as set forth below.
LICENSEE will be furnished only by binaries of the program.
No source code will be provided.
2.
LICENSEE understands that this Agreement is license for use of, not sale of,
the PROGRAM. Consequently, no Purchase Orders can be accepted by LICENSOR.
3.
LICENSEE acknowledges that the PROGRAM is a research tool still in the
development stage, that is being supplied ``as is'', without any accompanying
services or improvements from LICENSOR and that this license is entered
into in order to enable others to utilize the PROGRAM in their scholarly
activities.
4.
LICENSEE agrees that PROGRAM will be properly cited whenever results
obtained using it will be published (for details see the manual).
5.
LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.
By way of example, but not limitation, LICENSOR MAKES NO REPRESENTATIONS
OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE
OR THAT THE USE OF THE PROGRAM WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS,
TRADEMARKS OR OTHER RIGHTS. LICENSOR shall have no liability nor be liable
for an direct, indirect or consequential damages with respect to any claim
by LICENSEE or any third party on account of or arising from this Agreement
or use of the PROGRAM.
6.
LICENSEE agrees that it will use the PROGRAM, and any modifications,
improvements, or derivatives to PROGRAM that LICENSEE may create
(collectively, ``IMPROVEMENTS'') solely for internal, non-commercial
purposes and shall not distribute or transfer the PROGRAM OR
IMPROVEMENTS to any person without prior written permission from
LICENSOR. The term ``non-commercial'', as used in this Agreement,
means academic or other scholarly research which (a) is not undertaken
for profit, or (b) is not intended to produce works, services, or data for
commercial use, or (c) is neither conducted, nor funded, by a person or
an entity engaged in the commercial use, application or exploitation
of works similar to the PROGRAM.
7.
LICENSEE agrees to notify LICENSOR of any IMPROVEMENTS made
to the PROGRAM, as described in Section 5, above, and hereby (a)
agrees to supply LICENSOR with a copy of same, and (b) grants
LICENSOR a worldwide, perpetual license, with the right to sublicense
(at any tier), such IMPROVEMENTS without any royalty or other
obligation to LICENSEE.
8.
Ownership of all rights, including copyright in the PROGRAM and in any
material associated therewith, shall at all times remain with LICENSOR
and LICENSEE agrees to preserve same. LICENSEE agrees not to use
any portion of the PROGRAM in any machine-readable form outside
the PROGRAM, nor to make any copies except for its internal use,
without prior written consent of LICENSOR. LICENSEE agrees to place
the appropriate copyright notice on any such copies.
9.
This Agreement shall be construed, interpreted and applied in accordance
with the law of the Czech Republic and any legal action arising
out of this Agreement or use of the PROGRAM shall be filed in a court
in the Czech Republic.
10.
This license shall be for a term of 5 years except that upon any breach
of this Agreement by LICENSEE, LICENSOR shall have the right to
terminate this license immediately upon notice to LICENSEE.
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