| PDB SOFTWARE LICENSE AGREEMENT |
| |
| BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING |
| THIS "SOFTWARE, THE INDIVIDUAL OR ENTITY LICENSING THE |
| SOFTWARE ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS |
| BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT |
| AGREE TO ALL OF THE TERMS OF THIS AGREEMENT |
| THE LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE. |
| |
| 1. LICENSE AGREEMENT |
| |
| This is a license between you ("Licensee") and the Protein Data Bank (PDB) |
| at Rutgers, The State University of New Jersey (hereafter referred to |
| as "RUTGERS"). The software is owned by RUTGERS and protected by |
| copyright laws, and some elements are protected by laws governing |
| trademarks, trade dress and trade secrets, and may be protected by |
| patent laws. |
| |
| 2. LICENSE GRANT |
| |
| RUTGERS grants you, and you hereby accept, non-exclusive, royalty-free |
| perpetual license to install, use, modify, prepare derivative works, |
| incorporate into other computer software, and distribute in binary |
| and source code format, or any derivative work thereof, together with |
| any associated media, printed materials, and on-line or electronic |
| documentation (if any) provided by RUTGERS (collectively, the "SOFTWARE"), |
| subject to the following terms and conditions: (i) any distribution |
| of the SOFTWARE shall bind the receiver to the terms and conditions |
| of this Agreement; (ii) any distribution of the SOFTWARE in modified |
| form shall clearly state that the SOFTWARE has been modified from |
| the version originally obtained from RUTGERS. |
| |
| 2. COPYRIGHT; RETENTION OF RIGHTS. |
| |
| The above license grant is conditioned on the following: (i) you must |
| reproduce all copyright notices and other proprietary notices on any |
| copies of the SOFTWARE and you must not remove such notices; (ii) in |
| the event you compile the SOFTWARE, you will include the copyright |
| notice with the binary in such a manner as to allow it to be easily |
| viewable; (iii) if you incorporate the SOFTWARE into other code, you |
| must provide notice that the code contains the SOFTWARE and include |
| a copy of the copyright notices and other proprietary notices. All |
| copies of the SOFTWARE shall be subject to the terms of this Agreement. |
| |
| 3. NO MAINTENANCE OR SUPPORT; TREATMENT OF ENHANCEMENTS |
| |
| RUTGERS is under no obligation whatsoever to: (i) provide maintenance |
| or support for the SOFTWARE; or (ii) to notify you of bug fixes, patches, |
| or upgrades to the features, functionality or performance of the |
| SOFTWARE ("Enhancements") (if any), whether developed by RUTGERS |
| or third parties. If, in its sole discretion, RUTGERS makes an |
| Enhancement available to you and RUTGERS does not separately enter |
| into a written license agreement with you relating to such bug fix, |
| patch or upgrade, then it shall be deemed incorporated into the SOFTWARE |
| and subject to this Agreement. You are under no obligation whatsoever |
| to provide any Enhancements to RUTGERS or the public that you may |
| develop over time; however, if you choose to provide your Enhancements |
| to RUTGERS, or if you choose to otherwise publish or distribute your |
| Enhancements, in source code form without contemporaneously requiring |
| end users or RUTGERS to enter into a separate written license agreement |
| for such Enhancements, then you hereby grant RUTGERS a non-exclusive, |
| royalty-free perpetual license to install, use, modify, prepare |
| derivative works, incorporate into the SOFTWARE or other computer |
| software, distribute, and sublicense your Enhancements or derivative |
| works thereof, in binary and source code form. |
| |
| 4. FEES. There is no license fee for the SOFTWARE. If Licensee |
| wishes to receive the SOFTWARE on media, there may be a small charge |
| for the media and for shipping and handling. Licensee is |
| responsible for any and all taxes. |
| |
| 5. TERMINATION. Without prejudice to any other rights, Licensor |
| may terminate this Agreement if Licensee breaches any of its terms |
| and conditions. Upon termination, Licensee shall destroy all |
| copies of the SOFTWARE. |
| |
| 6. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual |
| property rights in the Product shall remain with RUTGERS. Licensee |
| acknowledges such ownership and intellectual property rights and will |
| not take any action to jeopardize, limit or interfere in any manner |
| with RUTGERS' ownership of or rights with respect to the SOFTWARE. |
| The SOFTWARE is protected by copyright and other intellectual |
| property laws and by international treaties. Title and related |
| rights in the content accessed through the SOFTWARE is the property |
| of the applicable content owner and is protected by applicable law. |
| The license granted under this Agreement gives Licensee no rights to such |
| content. |
| |
| 7. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED FREE OF |
| CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF |
| ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT |
| IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE |
| OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND |
| PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. SHOULD THE |
| SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, THE LICENSEE AND NOT |
| LICENSOR ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. |
| THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF |
| THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER |
| EXCEPT UNDER THIS DISCLAIMER. |
| |
| 8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY |
| APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY |
| INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING |
| OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, |
| WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK |
| STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL |
| OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE |
| POSSIBILITY THEREOF. |