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Use mail to post@cmbi.kun.nl for questions, problems and/or remarks.
For urgent problems call: 024-365-3322.
Users employed by non-academic, for-profit organisations are required to receive authorization to download and use MOLDEN.
Print, complete, sign and fax the license agreement to:
CMBI
Secr. office
Fax: +31 (0)24 3652977
The license fee is US$ 1000.
A duly signed copy of the license agreement and an invoice will be returned by mail to licensee.
MOLDEN Software license agreement.
----------------------------------
AGREEMENT, effective as of ...................................... ,
between The CMBI at the University of Nijmegen, The Netherlands
("CMBI") and ....................................................
("Licensee").
WHEREAS, the CMBI through the work of Drs. G. Schaftenaar has
developed certain computer software and Licensee desires to use that
software,
NOW, THEREFORE, the parties agree as follows:
1. License and Title
-----------------
a. Subject to the terms and conditions hereinafter set forth,
CMBI hereby grants a perpetual, nonexclusive and non-transferable
license (the "License") to Licensee to use the computer software package
known as MOLDEN, which is described more fully in Schedule A
hereto (the "Software"). This Agreement shall not transfer any title or
ownership rights in the Software, including intellectual property rights
embodied therein, which shall at all times remain with CMBI. The
License is granted on the conditions that the Software will be used
solely by Licensee and its departmental employees in its laboratory
located in ...................................................
...................................................
("Licensee
Department") for research and/or teaching purposes, and that neither the
Software, its documentation, the related codes and data, or any changes,
additions, modifications, improvements or alterations thereof, whether
made by CMBI or Licensee, shall knowingly be used by, made available
to, or disclosed to any other person or entity.
b. Licensee may not make any copies of the Software, except for use on
computers owned or leased by Licensee in Licensee Department and one copy
made for archival or back-up purposes.
c. Licensee may not change, modify, prepare derivative works from, add
to, or improve the Software without CMBI's prior written consent.
Licensee may not reverse engineer, decompile, disassemble, or take any
other steps to derive a source code equivalent of the Software.
d. If this License is terminated for any reason whatsoever, Licensee
will destroy all copies of the Software, and in either event, certify in
writing that it has done so and has not retained any copies.
e. The Software may be used by Licensee on only one or more computers
that it owns and leases in Licensee Department. Licensee shall provide
CMBI promptly with the location and identification of such machines,
upon CMBI's request.
2. Delivery of Software
--------------------
a. Within a period of 3 days of the date or this Agreement, CMBI
shall provide the Licensee with a password giving access to the directory
from which a copy of MOLDEN, more fully described in
Schedule A, can be FTP'ed to the Licensee's computer.
b. It is understood that CMBI will provide no maintenance or
installation services of any kind hereunder. CMBI, in its sole
discretion, will use reasonable efforts to assist Licensee in correcting
errors brought to CMBI's attention by Licensee, except that
CMBI will not be considered in breach of this Agreement if it is
unable to do so.
3. Software charges.
----------------
a. Licensee shall pay to CMBI, upon invoice and within 30 days of
the date of this Agreement a fee of $(U.S) 1000.
b. In addition to the fee set forth in section 3a above, Licensee
shall pay any and all taxes and other costs which may be imposed as a
result of this Agreement or activities hereunder.
4. Confidentiality; Protection of Software and CMBI Information.
-----------------------------------------------------------------
a. Licensee agrees that the Software and related materials shall be
held in confidence and are being provided by CMBI for the exclusive
use of Licensee. Licensee will be responsible for maintaining and
securing on behalf of CMBI the Software and related materials in its
possession or under its control. Licensee
(i) will protect the Software and related materials in the same manner
that it protects its own confidential information;
(ii) will knowingly permit access to the Software only to its authorized
employees and/or students designated by Licensee to use and maintain the
Software and will inform authorized employees and students who will have
access to the Software of the obligations of confidentiality under this
Agreement;
(iii) except as permitted by section 1b above, will not duplicate all or
any part of the Software or related materials; and
(iv) will not remove or destroy any proprietary notice on the Software or
related materials.
b. Any termination of this Agreement and the License hereunder shall
not Licensee's obligations of confidentiality under this section 4.
5. Disclaimer of Warranties.
-------------------------
a. While the Software has been tested for accuracy and proper
functioning, CMBI disclaims any responsibility for the accuracy or
correctness of the Software or for its use or application by Licensee.
b. CMBI is licensing the Software to Licensee on an "as is"
basis. CMBI makes no representation or warranty, either express or
implied, of any kind, and hereby expressely disclaims any warranties,
representations or guarantees of any kind as to the software, including
but not limited to, any warranties of merchantability, adequacy or
suitability of the software for any particular purpose or to produce any
particular result, and any warranties of freedom of infringement of any
patents, copyrights, trade secrets or other rights of third parties.
CMBI or its employees shall not have any liability to Licensee or
any other person arising out of the use of the Software by Licensee for
any reason, including but not limited to the unmerchantability,
inadequacy or unsuitability of the software for any particular purpose or
to produce any particular result, or the infringement of any patents,
copyrights, trade secrets or other rights of third parties, for any
latent defects therein or the failure of CMBI to provide Licensee
with any modifications or changes in the Software.
c. In no event will CMBI or its employees be liable to Licensee
or to any other party for any loss or damages, incidental, consequential,
indirect or other wise, including, but not limited to time, money, or
good will, arising from the use or operation of the Software by Licensee.
In no event shall CMBI's liability to Licensee execeed the payments
made by Licensee pursuant to this Agreement.
6. Indemnity.
-------------
Licensee shall hold harmless, defend and indemnify CMBI and its
employees, from and against any damages, suits, claims,liabilities, costs,
and expenses (including actual attorneys' fees), of any type whatsoever,
arising out of or relating to, directly or indirectly, the improper, unauthorized,
negligent or wrongful use or operation of the Software by Licensee. Licensee shall
reimburse Licensor for any costs incurred by Licensor in enforcing this provision.
7. Use of Name.
---------------
Licensee will not use the name of the CMBI Center or the name of
any of its employees for any purpose whatsoever without CMBI's
written consent.
8. Termination.
---------------
a. CMBI may terminate this Agreement and the License granted
hereunder upon 30 days written notice of Licensee's material breach of
the Agreement and Licensee's failure to cure the breach within 30 days of
receipt of said notice.. Sections 4, 6 and 7 shall survive the
termination or expiration of this Agreement.
b. Licensee may terminate this Agreement and the License hereunder
upon 30 days written notice to CMBI; such termination will be
effective upon compliance with Section 1d above.
9. General Provisions.
----------------------
a. Notice. Any notice or other communication required or permitted to
be given under this Agreement shall be sufficient if in writing and shall
be considered given when mailed by registered mail or electronic fax to
the parties at the following addresses:
If to CMBI:
Director CMBI Center
CMBI Center
Faculty of Science
University of Nijmegen
Toernooiveld 1
6525 ED Nijmegen, The Netherlands
If to Licensee:
...............................
...............................
...............................
...............................
...............................
...............................
b. Assignment. This Agreement and all rights and obligations
hereunder may not be assigned, sublicensed or transferred by
Licensee without the prior written consent of CMBI.
c. Governing Law. This Agreement shall be governed by Dutch Law
applicable to agreements made and to be performed in The Netherlands.
d. Entire Agreement; Amendment. This Agreement sets forth the entire
agreement between the parties and superseeds all previous agreements,
written, or oral, concerning the subject matter thereof. This Agreement
may not be changed or terminated orally.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the day and year written below:
CMBI Center:
By: .................................
G. Schaftenaar (on behalf of Prof. G. Vriend, director)
date: ...................
Licensee:
By: .................................
Name: ................................
Title: ...............................
date: ...................................
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SCHEDULE A.
-----------
MOLDEN.
An interactive visualization program for chemical structures, orbitals,
total electron density, difference density, and electrostatic potential,
ESP charges and Distributed Multipole Analysis.
MOLDEN reads output from the ab-initio programs Gaussian, Gamess-US and
Gamess-UK. In addition it reads chemx, PDB, a variety of mopac/ampac files
and cartesian Xmol format.
The X-window version of MOLDEN supports interactive creation and
inspection of Z-matrices.
Molden supports generation and display of secondary structure
information of protein structures.
MOLDEN supports contour plots, 3-d grid plots with hidden lines and
a combination of both. It can write a variety of graphics instructions;
XWindows, tektronix4014, hpgl, postscript, hp2392 and Figure.
MOLDEN is supplied for downloading as executable code for a variety of
platforms or source code if for the platform required there is no executable
code available.
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