Software License

Passed by the CCPN Assembly on October 16, 2000
 

CCPN collects and distributes software used for the processing and visualisation of NMR data. This includes production of spectra from experimental data, and later stages in processing such as assignment and structure calculations. Scientists are encouraged to submit and use the software.

Definitions:

 AUTHORS: The persons who or ORGANISATIONs which create, or own copyright to, SOFTWARE.

 ORGANISATION: For the purpose of this Agreement an ORGANISATION shall mean any legal entity whether incorporated or not.

 SOFTWARE: Any computer program including any source code, documentation, binary executables, and UPDATES thereto submitted by the AUTHORS.

 UPDATES: Any enhancements and/or modifications including but not limited to error corrections to any SOFTWARE including any associated documentation therewith developed by the AUTHORS.

 DISTRIBUTION: This is the transfer of SOFTWARE from CCPN to a third party.

 RE-DISTRIBUTION: This is the transfer of SOFTWARE between third parties, either in part or in whole, originally obtained from a CCPN DISTRIBUTION.

 MEMBER: This is an individual who or ORGANISATION which belongs to, and in particular satisfies the rules of, CCPN for DISTRIBUTION of SOFTWARE.


 (1) Conditions for Submission of SOFTWARE by AUTHORS

 (1.1) The AUTHORS retain the copyright of the SOFTWARE and any related proprietary rights therein.

 (1.2) The AUTHORS grant to CCPN the right to DISTRIBUTE the particular SOFTWARE as submitted for the life of the SOFTWARE. The AUTHORS also retain the right to distribute the SOFTWARE themselves.

 (1.2.1) CCPN hereby grants to its MEMBER a non exclusive, transferable licence to use or REDISTRIBUTE the SOFTWARE under the terms and conditions stated in this agreement.

 (1.2.2) The agrement between CCPN and its MEMBER shall come into effect from the date of download or receipt of the SOFTWARE and shall continue in effect for the life of the SOFTWARE or until earlier terminated as provided in clause 1.2.3 herein.

 (1.2.3) CCPN has the right to terminate this agreement forthwith if the CCPN MEMBER fails to comply with the terms of the agreement, in particular the proprietary rights of the AUTHORs herein. Upon termination of the agreement the MEMBER shall at the request of CCPN either return the SOFTWARE or destroy same. The AUTHORs proprietary rights and all provisions of this agreement relating to liability, remedies or damages shall survive termination.

 (1.3) The AUTHORS must specify one of the following RE-DISTRIBUTION methods:

 (R1) The SOFTWARE can be RE-DISTRIBUTED in part or in whole only under authorisation from the AUTHORS.

 (R2) The SOFTWARE can be RE-DISTRIBUTED in part or in whole to any academic researcher or non-commercial ORGANISATION; or to any other individual or ORGANISATION under authorisation from the AUTHORS.

 (R3) The SOFTWARE can be RE-DISTRIBUTED in part or in whole to any individual or to any ORGANISATION which is a MEMBER of the CCPN.


 (2) Conditions for DISTRIBUTION of SOFTWARE to MEMBERS

 (2.1) An individual or ORGANISATION must be a MEMBER of CCPN in order to receive any SOFTWARE from CCPN, and must adhere to the MEMBERSHIP, DISTRIBUTION and RE-DISTRIBUTION rules. Under these conditions, any previously DISTRIBUTED SOFTWARE may be used in for the lifetime of the SOFTWARE even if MEMBERSHIP of CCPN lapses.

 (2.2) BECAUSE THE SOFTWARE IS DISTRIBUTED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE FULL EXTENT PERMITTED
 BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE AUTHORS AND/OR ANY COPYRIGHT HOLDERS PROVIDE THE SOFTWARE:
 "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY AUTHOR OR COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 (2.3) Appropriate mention should be made in published results to any CCPN SOFTWARE that has played an important role in the work.

 (2.4) The CCPN MEMBER agrees not to remove any copyright notices or related property notices or warranty notices on the SOFTWARE, whether when employed for his own use or for RE-DISTRIBUTION.


 (3) Conditions for RE-DISTRIBUTION of SOFTWARE

 The following conditions must be met for any RE-DISTRIBUTION of SOFTWARE:

 (3.1) The copyright remains with the AUTHORS.

 (3.2) If the SOFTWARE was DISTRIBUTED by CCPN with source code or documentation then those must be included in the RE-DISTRIBUTION.

 (3.3) If the SOFTWARE has been modified then the modified SOFTWARE, as RE-DISTRIBUTED, must be provided to the AUTHORS and CCPN.

 (3.4) Acknowledgement must be made in a prominent location (e.g. in a top-level README file) that the SOFTWARE is being included in the RE-DISTRIBUTION.


 (4) Conditions for MEMBERSHIP of CCPN

 MEMBERSHIP for an individual or ORGANISATION shall be based on registration and payment of annual fee as required and detailed below. The annual fee may be reviewed from time to time. The current scale of fees are as follows:
 a. individuals and not for profit ORGANISATIONs
   - nil
 b. ORGANISATIONs with annual turnover less than 200000 pounds Sterling
   - nil
 c. ORGANISATIONs with annual turnover between 200000 pounds Sterling and 1 million pounds Sterling
   - 1000 pounds Sterling
 d. ORGANISATIONs with annual turnover larger than one million pounds Sterling
   - 7000 pounds Sterling