Skip to content

Instantly share code, notes, and snippets.

Embed
What would you like to do?
The license for Xenome software, which is related to this blog post: https://medium.com/@greenescientist/when-software-goes-missing-f6a0dffd68e5
[NON-COMMERCIAL] SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING,
INSTALLING OR USING NATIONAL ICT AUSTRALIA LIMITED (NICTA) SUPPLIED SOFTWARE. BY
DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY
THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, THEN DO
NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
This License Agreement is entered into between National ICT Australia Limited
(ABN 62 102 206 173) (herein referred to as "Licensor") and you, the Licensee.
The computer program(s) and related documentation and materials (herein
collectively referred to as "the Software") are licensed, not sold, to the
Licensee for use only upon the terms of this license, and Licensor reserves any
rights not expressly granted to Licensee. The following terms govern use of the
Software by the Licensee.
1. Licensor hereby grants you a perpetual, non-exclusive, non-transferable,
royalty free license to use the Software for academic and research purposes
only. Licensee acknowledges that Licensee may not use the Software for
Commercial Purposes. “Commercial purposes” and “Commercial Use” means to use
sell, hire or otherwise exploit the Software as part of a product or process
which is intended directly or indirectly to make a profit for the Licensee or
any third party, or to license or sub-license the Software to any third party
2. Licensee may not:
a. translate, reverse engineer, decompile, decrypt, disassemble
(except to the extent applicable laws specifically prohibit such
restriction), or create derivative works based on the Software;
b. copy the Software (except for back-up purposes), but subject to
clause 11;
c. rent, lease, transfer, assign, sub-license or otherwise transfer
rights to the Software;
d. sell the Software to any third party; or
e. remove any proprietary notices or labels on the Software.
3. Title, ownership rights, and intellectual property rights in and to the
Software shall remain solely with Licensor.
4. To the extent permitted by law, the Software is provided on an "AS IS"
basis, without warranty of any kind, including without limitation the warranties
of merchantability, fitness for a particular purpose and non-infringement. The
entire risk as to the quality and performance of the Software is borne by
Licensee. Should the Software prove defective, Licensee assumes the entire cost
of any service and repair. This disclaimer of warranty constitutes an essential
part of this Agreement.
5. Except to the extent required by applicable law, Licensor shall not be
under any liability (whether for breach of contract, breach of warranty or in
tort, including negligence) to Licensee in respect of any loss or damage
(including any direct, indirect, special, incidental or consequential loss or
damage) howsoever caused, arising as a result of this Agreement.
6. Licensee agrees to maintain and reproduce all copyright and other
proprietary notices on all copies, in any form, of the Software in the same form
and manner that such copyright and other proprietary notices are included on the
Software. Licensee may make a reasonable number of copies of the Software and
install those copies on separate machines which are owned or controlled by
Licensee PROVIDED THAT Licensee does not redistribute the Software under any
circumstances to any third party, and provided Licensee retains on those copies
all copyright, confidentiality and proprietary notices that appear on the
original.
7. Licensee agrees that Licensor may request from time to time that the
Licensee provide feedback to the Licensor on the Software. Licensee agrees that
the Licensor owns all title, ownership rights and intellectual property rights
in the feedback provided by Licensee.
8. This license will terminate automatically if Licensee fails to comply
with the limitations described above. On termination, Licensee must destroy all
copies of the Software in electronic or other form, including any copies on
backup tapes or other media, and, at Licensor’s request, the Licensee, to the
extent practicable, shall deliver to Licensor certification that all copies of
the Software have been destroyed..
9. This Agreement represents the complete agreement concerning this license between
the parties and supersedes all prior agreements and representations between
them. It may be amended only by a writing executed by both parties. If any
provision of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it enforceable.
This Agreement shall be governed by and construed under the laws of the State of
New South Wales, Australia. The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
10. As a condition of this license, Licensee shall ensure that any reports,
academic papers or published results obtained from use of the Software by
Licensee (or by third parties who use the Software with Licensee’s permission
under the terms of this License) will contain one or both of the following
acknowledgements:
i. “Results obtained using Gossamer Software ©2012 National ICT
Australia Ltd (NICTA).”
ii. "Gossamer - A Resource Efficient de novo Assembler", Thomas
Conway, Jeremy Wazny, Andrew Bromage, Justin Zobel and Bryan
Beresford-Smith, Bioinformatics 2012; doi:
10.1093/bioinformatics/bts297.
11. The Licensee understands and accepts that the Software is proprietary to
NICTA. The Licensee agrees to take all reasonable steps to ensure that all
copies of the Software in their possession under the terms of the License are
protected and secured from unauthorized disclosure, use, or redistribution.
Licensee will treat the Software with at least the same level of care as
Licensee would use to protect and secure its own proprietary computer programs
and/or information, but using no less than a reasonable standard of care.
12. Licensee agrees to provide access to the Software only to any other
person or entity who has agreed to abide by the terms of this Licence. If
Licensee is an institution or corporation each individual person who uses the
Software with the permission of that institution or corporation must agree to
abide by the terms of this license. If the Licensee becomes aware of any
unauthorized licensing, copying or use of the Software in breach of this
License, the Licensee shall promptly do all things necessary to stop the breach
and notify NICTA in writing. The Licensee expressly agrees to use the Software
only in the manner and for the specific uses authorized in this Agreement.
13. Commercial Use of the Software REQUIRES A COMMERCIAL LICENSE. Should
the Licensee wish to make Commercial Use of the Software, Licensee will contact
NICTA (bioinformatics@nicta.com.au) to request an appropriate license for such
use. In addition to the definition in clause 1 above, Commercial Use includes:
(1) integration of all or part of the Software into a product for sale, lease or
license by or on behalf of Licensee to third parties, or (2) distribution of
the Software to third parties that need it to commercialize a product sold or
licensed by or on behalf of Licensee.
Sign up for free to join this conversation on GitHub. Already have an account? Sign in to comment