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.