DLpoly licence conditions

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.