DLpoly license terms#
When you ask for access to DLPoly, you will need to read and agree to these licence terms.
We advise that you print out, sign and date a copy for your own reference.
LICENCE AGREEMENT
1. DEFINITIONS AND INTERPRETATION
1.1 In this Licence Agreement the following expressions have the
meanings set opposite:
Academic Purposes fundamental or basic research or academic
teaching, including any fundamental research
that is funded by any public or charitable
body, but not any purpose that generates
revenue (as opposed to grant income) for the
Licensee or any third party. Any research that
is wholly or partially sponsored by any profit
making organisation or that is carried out for
the benefit of any profit-making organisation
is not an Academic Purpose;
a Derived Work any modification of, or enhancement or
improvement to, any of the DL_POLY_4 Software
and any software or other work developed or
derived from any of the DL_POLY_4 Software;
the DL_POLY_4 Software the release and version of the DL_POLY_4
Software downloaded by the Licensee from the
DL_POLY_4 Website immediately after the
Licensee
agrees to the terms and conditions of this
Licence Agreement;
the DL_POLY_4 Website the website with the URL
http://www.ccp5.ac.uk/DL_POLY/ ,
and any website that from time to time replaces
that website;
a Harmful Element any virus, worm, time bomb, time lock, drop
dead device, trap and access code or anything
else that might disrupt, disable, harm or
impede the operation of any information system,
or that might corrupt, damage, destroy or
render inaccessible any software, data or file
on, or that may allow any unauthorised person
to gain access to, any information system or
any software, data or file on it;
Intellectual Property patents, trade marks, service marks, registered
designs, copyrights, database rights, design
rights, know-how, confidential information,
applications for any of the above, and any
similar right recognised from time to time in
any jurisdiction, together with all rights of
action in relation to the infringement of any
of the above;
the Licence Period the period beginning when the Licensee agrees
to the terms and conditions of this Licence
Agreement and downloads the DL_POLY_4 Software
from the DL_POLY_4 Website and ending on the
termination of this Licence Agreement under
clause 5.2.
2. LICENCE
2.1 STFC grants the Licensee an indefinite, non-exclusive,
non-transferable, royalty free licence to use, copy, modify, and
enhance the DL_POLY_4 Software during the Licence Period on the
terms and conditions of this Licence Agreement provided that:
2.1.1 the Licensee may not distribute any of the DL_POLY_4 Software
or any Derived Work to any third party, or share their use
with any third party (whether free of charge or otherwise),
and the Licensee may not sub-license the use of any of the
DL_POLY_4 Software to any third party unless, in each case,
that third party has complied with clause 2.3 below;
2.1.2 the Licensee may not use the DL_POLY_4 Software on behalf of,
or for the benefit of, any third party (including, without
limitation, using it to provide bureau, outsourcing or
application services or facilities management services)
party unless that third party has complied with clause 2.3
below; and
2.1.3 the DL_POLY_4 Software and any Derived Work may be used by
the Licensee and its employees and registered students for
Academic Purposes only.
2.2 If the Licensee wishes to use the DL_POLY_4 Software or any Derived
Work in any way except for Academic Purposes, or wishes to
distribute or make the DL_POLY_4 Software or any Derived Work
available to any third party for non-Academic Purposes, it must
obtain a commercial licence from STFC. STFC may refuse to grant
the Licensee a commercial licence. If STFC agrees to grant a
commercial licence, that licence will be on such terms and
conditions as STFC sees fit.
2.3 If the Licensee wishes to carry out any collaboration for Academic
Purposes with any third party and that third party needs to use the
DL_POLY_4 Software in connection with that collaboration, or if the
Licensee wishes to make the DL_POLY_4 Software available on-line to
any third party for Academic Purposes, the Licensee must direct
that third party to the DL_POLY_4 Website. That third party may
use the DL_POLY_4 Software and any Derived Work (whether obtained
from STFC or from the Licensee) only if it has completed the
registration process on the DL_POLY_4 Website and agreed to the
terms and conditions of the Licence Agreement for the use of the
DL_POLY_4 Software for Academic Purposes that then appear on the
DL_POLY_4 Website.
2.4 This Licence Agreement allows the Licensee to use only the release
or version of the DL_POLY_4 Software downloaded by the Licensee
from the DL_POLY_4 Website immediately after the Licensee agrees to
the terms and conditions of this Licence Agreement; the Licensee
must acquire a new licence for any future release or version of the
DL_POLY_4 Software that it wishes to use.
2.5 The Licensee will not tamper with, or remove, any copyright or
other proprietary notice or any disclaimer that appears on or in
any part of the DL_POLY_4 Software, and will reproduce the same in
all copies of any of the DL_POLY_4 Software and in all Derived
Works.
3. WARRANTIES AND LIABILITY
3.1 The DL_ POLY Software is provided for Academic Purposes free of
charge. Therefore, STFC gives no warranty and makes no
representation in relation to the DL_POLY_4 Software or any
assistance or advice that STFC may give in connection with the
DL_POLY_4 Software. The Licensee will indemnify STFC against any
and all claims arising as a result of the Licensee having made any
of the DL_POLY_4 Software or any Derived Work available to any
third party.
3.2 Before using any of the DL_POLY_4 Software, the Licensee will check
that the DL_POLY_4 Software does not contain any Harmful Element.
STFC does not warrant that the DL_POLY_4 Software will run without
interruption or be error free, or be free from any Harmful Element.
STFC is not obliged to provide any support or error correction
service, assistance or advice in relation to the DL_POLY_4
Software, but the Licensee may access any error corrections and
on-line assistance that STFC chooses to make available on the
DL_POLY_4 Website from time to time. If STFC does provide that
sort of service, assistance or advice, subject to clause 3.7, STFC
will not be liable for any loss or damage suffered by the Licensee
as a result.
3.3 STFC will not be liable to the Licensee to the extent that any loss
or damage is caused: by the Licensee's failure to implement, or the
Licensee's delay in implementing, any correction or advice in
in relation to the DL_POLY_4 Software that STFC has made available
on the DL_POLY_4 Website; or by the Licensee's failure to acquire a
licence of and to implement any new release or version of the
DL_POLY_4 Software that would have remedied or mitigated the
effects of any error, defect, bug or deficiency in the DL_POLY_4
Software.
3.4 The Licensee acknowledges that proper use of the DL_POLY_4 Software
and any Derived Work is dependent on the Licensee, its employees
and students exercising proper skill and care in inputting data and
interpreting the output provided by the DL_POLY_4 Software or that
Derived Work. STFC will not be liable for the consequences of
decisions taken by the Licensee or any other person on the basis of
that output. STFC does not accept any responsibility for any use
which may be made by the Licensee of that output, nor for any
reliance which may be placed on that output, nor for advice or
information given in connection with that output.
3.5 Subject to clause 3.7, STFC's liability or any breach of this
Licence Agreement, any negligence or arising in any other way out
of the subject matter of this Licence Agreement or the use of the
DL_POLY_4 Software, will not extend to any incidental or
consequential damages or losses, or any loss of profits, loss of
revenue, loss of data, loss of contracts or opportunity, whether
direct or indirect, even if the Licensee has advised STFC of the
possibility of those losses arising or if they were or are within
STFC's contemplation.
3.6 Subject to clause 3.7, the aggregate liability of STFC for any
and all breaches of this Licence Agreement, any negligence or
arising in any other way out of the subject matter of this Licence
Agreement or the use of the DL_POLY_4 Software will not exceed in
total £5,000.
3.7 Nothing in this Licence Agreement limits or excludes STFC's
liability for death or personal injury caused by its negligence or
for any fraud, or for any sort of liability that, by law, cannot be
limited or excluded.
3.8 The express undertakings and given by STFC in this Licence
Agreement and the terms of this Licence Agreement are in lieu of
all warranties, conditions, terms, undertakings and obligations on
the part of STFC, whether express or implied by statute, common
law, custom, trade usage, course of dealing or in any other way.
All of these are excluded to the fullest extent permitted by law.
4. INTELLECTUAL PROPERTY RIGHTS AND ACKNOWLEDGEMENTS
4.1 Nothing in this Licence Agreement assigns or transfers any
Intellectual Property Rights in any of the DL_POLY_4 Software.
Those rights are reserved to STFC.
4.2 The Licensee will ensure that, if any of its employees or students
publishes any article or other material resulting from, or relating
to, a project or work undertaken with the assistance of any part of
the DL_POLY_4 Software, that publication will contain the following
acknowledgement:
"DL_POLY_4 is a molecular dynamics simulation package written by
I.T. Todorov and W. Smith, and has been obtained from STFC's
Daresbury Laboratory via the website
http://www.ccp5.ac.uk/DL_POLY"
and cite the following reference:
"I.T. Todorov, W. Smith, K. Trachenko, M.T. Dove,
`J. Mater. Chem.', 16, 1911-1918 (2006)".
5. TERMINATION
5.1 This Licence Agreement will take effect and the Licence Period will
start when the Licensee has agreed to the terms and conditions of
this Licence Agreement and downloaded the DL_POLY_4 Software from
the DL_POLY_4 Website.
5.2 This Licence Agreement will terminate immediately and automatically
if:
5.2.1 the Licensee is in breach of this Licence Agreement; or
5.2.2 the Licensee becomes insolvent, or if an order is made or a
resolution is passed for its winding up (except voluntarily
for the purpose of solvent amalgamation or reconstruction),
or if an administrator, administrative receiver or receiver
is appointed over the whole or any part of its assets, or if
it makes any arrangement with its creditors.
5.3 The Licensee's right to use the DL_POLY_4 Software will cease
immediately on the termination of this Licence Agreement, and the
Licensee will destroy all copies of the DL_POLY_4 Software that it
or any of its employees or students then holds.
5.4 Clauses 1, 2.2, 3, 4, 5.3, 5.4, 5.5 and 6 will survive the expiry
of the Licence Period and the termination of this Licence
Agreement, and will continue indefinitely.
5.5 STFC may stop providing any assistance or advice in relation to, or
any corrections, new releases or versions of the DL_POLY_4, and may
stop updating or publishing the DL_POLY_4 Website at any time.
6. GENERAL
6.1 Headings: The headings in this Licence Agreement are for ease of
reference only; they do not affect its construction or
interpretation.
6.2 Assignment etc: The Licensee may not assign or transfer this
Licence Agreement as a whole, or any of its rights or obligations
under it, without first obtaining the written consent of STFC.
6.3 Illegal/unenforceable provisions: If the whole or any part of any
provision of this Licence Agreement is void or unenforceable in any
jurisdiction, the other provisions of this Licence Agreement, and
the rest of the void or unenforceable provision, will continue in
force in that jurisdiction, and the validity and enforceability of
that provision in any other jurisdiction will not be affected.
6.4 Waiver of rights: If STFC fails to enforce, or delays in enforcing,
an obligation of the Licensee, or fails to exercise, or delays in
exercising, a right under this Licence Agreement, that failure or
delay will not affect its right to enforce that obligation or
constitute a waiver of that right. Any waiver by STFC of any
provision of this Licence Agreement will not, unless expressly
stated to the contrary, constitute a waiver of that provision on a
future occasion.
6.5 Entire agreement: This Licence Agreement constitutes the entire
agreement between the parties relating to its subject matter. The
Licensee acknowledges that it has not entered into this Licence
Agreement on the basis of any warranty, representation, statement,
agreement or undertaking except those expressly set out in this
Licence Agreement. The Licensee waives any claim for breach of, or
any right to rescind this Licence Agreement in respect of, any
representation which is not an express provision of this Licence
Agreement. However, this clause does not exclude any liability
which STFC may have to the Licensee (or any right which the
Licensee may have to rescind this Licence Agreement) in respect of
any fraudulent misrepresentation or fraudulent concealment before
the signing of this Licence Agreement.
6.6 Amendments: No variation of, or amendment to, this Licence
Agreement will be effective unless it is made in writing and signed
by each party's representative.
6.7 Third parties: No one who is not a party to this Licence Agreement
has any right to prevent the amendment of this Licence Agreement or
its termination, and no one except a party to this Licence
Agreement may enforce any benefit conferred by this Licence
Agreement, unless this Licence Agreement expressly provides
otherwise.
6.8 Governing law: This Licence Agreement is governed by, and is to be
construed in accordance with, English law. The English Courts will
have exclusive jurisdiction to deal with any dispute which has
arisen or may arise out of or in connection with this Licence
Agreement, except that STFC may bring proceedings against the
Licensee or for an injunction in any jurisdiction.