| 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 |