End-User Software License Agreement for TRITON and DRIVER
- 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 ``TRITON'' computer software
Institute of Computer Science,
Masaryk University Brno,
The Czech Republic (``LICENSOR'')
grants to (``LICENSEE'') non-exclusive,
and non-transferable license to use the ``DRIVER'' computer software
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.
- LICENSEE understands that this Agreement is license for use of, not sale of,
the PROGRAM. Consequently, no Purchase Orders can be accepted by LICENSOR.
- 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.
- LICENSEE agrees that PROGRAM will be properly cited whenever results
obtained using it will be published (for details see the manual).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- This software is the result of the projects MSM0021622413 and LC06030
(funded by the Ministry of Education of the Czech Republic)
and GA303/06/570 (funded by Grant Agency of the Czech Republic)
and this result is consistent with the expected objectives of the projects.
The owner of the result is Masaryk University, a public university, ID: 00216224.
Masaryk University allows other institues and individuals to use this software
free of charge and without territorial restrictions under the terms of this licence.
This permission is granted for the duration of property rights.
This software is not subject to special information treatment according
to Act No. 412/2005 Coll., as amended. In case that a person who will use
the software under this licence offer violates the licence terms,
the permission to use the software terminates.