source: sasview/corfunc/corfunc_eula.txt @ 2b76f98

CORFUNC MODULE END-USER LICENCE AGREEMENT

Whereas, the Licensed Software has been assembled with support from the 
Biotechnology and Biological Sciences Research Council (“BBSRC”) and the 
Engineering and Physical Sciences Research Council (“EPSRC”) of the UK, and 
their forebears, as part of the Collaborative Computational Project Number 13 
(“CCP13”), for Fibre and Non-Crystalline Diffraction, first set up in January 
1992. Any opinions, findings, conclusions or recommendations expressed in the 
Licensed Software are those of the authors of the software and do not 
necessarily reflect the views of the BBSRC or EPSRC. The Licensed Software is 
administered by the Science and Technology Facilities Council ("STFC", 
previously the Council for the Central Laboratory of the Research Councils or 
“CCLRC”).

The Licensee shall have the right to grant access to the executable modules to 
any personnel, such as, but not limited to, employees, researchers or students 
of the Licensee based at its address, this includes executable modules installed
on computer systems other than at the registered site, for example portable
computer equipment such as laptop computers. Any such additional copies of the 
Software shall be subject to the terms and conditions of this Agreement.

The Licensee shall not sell, give, disclose, lend, transfer or otherwise 
distribute the Licensed Software to third parties except as expressly permitted 
under this Agreement. Where not permitted to redistribute software, the Licensee
shall immediately refer any requests for copies of the Software to STFC.

The Licensee may not sublicense, distribute or transfer the Licensed Software to
any third party, except as expressly provided under this Agreement. Any attempt
to intentionally sublicense, distribute or transfer the Licensed Software to a
third party, except as otherwise permitted under this Agreement, is void, and
will automatically terminate the Licensee’s rights to use the Licensed 
Software under this Agreement.

The provision of any version of the Licensed Software under the terms and 
conditions specified herein does not imply that future versions will also be 
made available under the same terms and conditions.

THIS LICENCE AGREEMENT DOES NOT EXTEND TO COMMERCIAL USE OF THE SOFTWARE. 
SHOULD THE LICENSEE WISH TO MAKE COMMERCIAL USE OF THE SOFTWARE, THE LICENSEE 
AGREES TO CONTACT STFC TO ARRANGE AN APPROPRIATE COMMERCIAL LICENCE FOR SUCH 
USE. 

STFC warrants that the Licensed Software will conform substantially to its 
functional specification. Otherwise, the Licensed Software is supplied "as is" 
without any warranty, express or implied, including, but not limited to non-
infringement of third parties, its merchantability or fitness for a particular 
purpose. Neither STFC nor the original authors make any further warranty as to 
its use, performance or results that the user may obtain by using the Licensed 
Software. STFC does not guarantee that the functions of the Licensed Software 
will be uninterrupted or completely error-free. STFC shall use all reasonable 
endeavours to ensure the Licensed Software contains no viruses at the time of 
distribution. This Agreement confers no additional responsibility or obligation 
upon STFC.

Neither STFC nor the original authors are under any obligation to maintain the 
Licensed Software or to respond to requests for information from the Licensee. 
Nevertheless, it remains the policy of STFC to improve and update programs and 
their documentation continuously and answer questions from users. Current 
information is available from STFC through a website. Where additional support 
services are required, it is suggested that they should be obtained on an 
individual basis. Technical suggestions, comments, and suggested improvements 
to the code are welcome, and may be sent to the indicated representative of 
STFC.

Neither Party excludes or limits its liability to the other party for death or 
personal injury.

In no event shall STFC be liable for any indirect, special, incidental or 
consequential damages, either from the use of the Licensed Software or from any 
results obtained using it.

The Licensee shall indemnify and hold STFC harmless against all damages, 
liability and costs of defending against any third party claim, or threat of 
claim, against STFC arising out of the Licensee’s use of the Licensed Software, 
as delivered to the Licensee.

For all Licensed Software, all copyrights remain with the original authors of 
the code and/or their employer where that software was written as employees in 
the course of their employment, and is licensed to the Licensee from STFC under 
the terms and conditions of the Agreement. The Licensor has made reasonable 
efforts to ascertain ownership of the component parts of the software.

IF THE SOFTWARE IS USED TO OBTAIN A RESULT AND THAT RESULT IS PUBLISHED, THE 
LICENSEE AGREES TO ACKNOWLEDGE ITS USE IN AN APPROPRIATE CITATION ALONG WITH 
ANY ADDITIONAL REFERENCES REQUIRED BY THE ORIGINAL AUTHORS, PERTAINING TO THOSE 
INDIVIDUAL PROGRAMS WHERE THE USE OF THE PROGRAMS CONTRIBUTED TO AN 
INVESTIGATION.

Neither Party shall assign, transfer, sub-contract or in any other manner make 
over to any third party the benefit or burden of this Agreement without prior 
written consent of the other and it is agreed that such consent may be withheld 
without giving reasons.

STFC may without prejudice to any other right or remedy hereunder terminate 
this Agreement summarily by written notice to the Licensee in the event that:

- the Licensee is in breach of any of the terms hereof (if capable of remedy) 
and fails to rectify such breach within thirty (30) days of receipt of written 
notice from STFC requesting the Licensee so to do; or

- the Licensee commences to be wound up (otherwise than for the purposes of 
reconstruction or amalgamation) or put into administrative receivership, or 
carries on business under a receiver for the benefit of its creditors or 
compounds with or enters into any scheme or arrangement with any or all of its 
creditors or if such conditions exist as are substantially equivalent in effect 
to any of the foregoing.

Upon termination of this Agreement, the Licensee shall forthwith cease to use 
the Licensed Software and shall immediately destroy all copies of the Licensed 
Software. Termination of this Agreement for any reason shall not affect the 
rights of either Party hereto accrued up to the date of such termination. 

The terms and conditions set out in this Agreement may only be amended or added 
to by formal amendments issued in writing. No oral agreement shall be binding 
on either Party to the Agreement.

The Parties hereto agree that:

- this Agreement alone constitutes the agreement between STFC and the Licensee 
in relation to the use of the Licensed Software and supersedes and overrides 
all prior discussions between the Parties, their servants and agents and all 
conditions, warranties, guarantees, representations, proposals, quotations, 
communications and understandings with respect to the said use (whether given 
or made before or on the date hereof or whether oral or given in writing); and 

- no modification expressed to be an amendment to this Agreement shall have any 
effect unless made in writing and signed by an authorised officer of STFC and 
by an authorised officer of the Licensee. 

Nothing in this Agreement shall create any rights in third parties under the 
Contracts (Rights of Third Parties) Act 1999. No variation to this Agreement 
and no supplemental or ancillary agreement to this Agreement shall create any 
such rights unless expressly so stated in any such agreement by the Parties/
parties to this Agreement.