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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.
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