| 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. |