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3 | University of Illinois |
4 | NAMD Molecular Dynamics Software |
5 | Non-Exclusive, Non-Commercial Use License |
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9 Upon execution of this Agreement by the party identified below ("Licensee"),
10 The Board of Trustees of the University of Illinois ("Illinois"), on behalf
11 of The Theoretical and Computational Biophysics Group ("TCBG") in the Beckman
12 Institute, will provide the NAMD molecular dynamics software ("NAMD") in
13 Executable Code and/or Source Code form ("Software") to Licensee, subject to
14 the following terms and conditions. For purposes of this Agreement,
15 Executable Code is the compiled code, which is ready to run on Licensee's
16 computer. Source code consists of a set of files which contain the actual
17 program commands that are compiled to form the Executable Code.
19 1. The Software is intellectual property owned by Illinois, and all right,
20 title and interest, including copyright, remain with Illinois. Illinois
21 grants, and Licensee hereby accepts, a restricted, non-exclusive,
22 non-transferable license to use the Software for academic, research and
23 internal business purposes only, e.g. not for commercial use (see Clause 7
24 below), without a fee.
26 2. Licensee may, at its own expense, create and freely distribute
27 complimentary works that interoperate with the Software, directing others to
28 the TCBG server to license and obtain the Software itself. Licensee may, at
29 its own expense, modify the Software to make derivative works. Except as
30 explicitly provided below, this License shall apply to any derivative work
31 as it does to the original Software distributed by Illinois. Any derivative
32 work should be clearly marked and renamed to notify users that it is a
33 modified version and not the original Software distributed by Illinois.
34 Licensee agrees to reproduce the copyright notice and other proprietary
35 markings on any derivative work and to include in the documentation of such
36 work the acknowledgement:
38 "This software includes code developed by the Theoretical and Computational
39 Biophysics Group in the Beckman Institute for Advanced Science and
40 Technology at the University of Illinois at Urbana-Champaign."
42 Licensee may redistribute without restriction works with up to 1/2 of their
43 non-comment source code derived from at most 1/10 of the non-comment source
44 code developed by Illinois and contained in the Software, provided that the
45 above directions for notice and acknowledgement are observed. Any other
46 distribution of the Software or any derivative work requires a separate
47 license with Illinois. Licensee may contact Illinois (namd@ks.uiuc.edu) to
48 negotiate an appropriate license for such distribution.
50 3. Except as expressly set forth in this Agreement, THIS SOFTWARE IS PROVIDED
51 "AS IS" AND ILLINOIS MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF
52 ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
53 OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF
54 THE SOFTWARE WILL NOT INFRINGE ANY PATENT, TRADEMARK, OR OTHER RIGHTS.
55 LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
56 SOFTWARE AND/OR ASSOCIATED MATERIALS. LICENSEE AGREES THAT UNIVERSITY SHALL
57 NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
58 DAMAGES WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT
59 OF OR ARISING FROM THIS AGREEMENT OR USE OF THE SOFTWARE AND/OR ASSOCIATED
62 4. Licensee understands the Software is proprietary to Illinois. Licensee
63 agrees to take all reasonable steps to insure that the Software is
64 protected and secured from unauthorized disclosure, use, or release and
65 will treat it with at least the same level of care as Licensee would use to
66 protect and secure its own proprietary computer programs and/or information,
67 but using no less than a reasonable standard of care. Licensee agrees to
68 provide the Software only to any other person or entity who has registered
69 with Illinois. If licensee is not registering as an individual but as an
70 institution or corporation each member of the institution or corporation
71 who has access to or uses Software must agree to and abide by the terms
72 of this license. If Licensee becomes aware of any unauthorized licensing,
73 copying or use of the Software, Licensee shall promptly notify Illinois
74 in writing. Licensee expressly agrees to use the Software only in the
75 manner and for the specific uses authorized in this Agreement.
77 5. By using or copying this Software, Licensee agrees to abide by the
78 copyright law and all other applicable laws of the U.S. including, but not
79 limited to, export control laws and the terms of this license. Illinois
80 shall have the right to terminate this license immediately by written
81 notice upon Licensee's breach of, or non-compliance with, any
82 terms of the license. Licensee may be held legally responsible for any
83 copyright infringement that is caused or encouraged by its failure to
84 abide by the terms of this license. Upon termination, Licensee agrees to
85 destroy all copies of the Software in its possession and to verify such
86 destruction in writing.
88 6. The user agrees that any reports or published results obtained with
89 the Software will acknowledge its use by the appropriate citation as
92 "NAMD was developed by the Theoretical and Computational Biophysics Group in
93 the Beckman Institute for Advanced Science and Technology at the University
94 of Illinois at Urbana-Champaign."
96 Any published work which utilizes NAMD shall include the following reference:
98 "Laxmikant Kale, Robert Skeel, Milind Bhandarkar, Robert Brunner,
99 Attila Gursoy, Neal Krawetz, James Phillips, Aritomo Shinozaki,
100 Krishnan Varadarajan, and Klaus Schulten. NAMD2: Greater scalability
101 for parallel molecular dynamics. J. Comp. Phys., 151:283-312, 1999."
103 Electronic documents will include a direct link to the official NAMD page
104 at http://www.ks.uiuc.edu/Research/namd/
106 7. Commercial use of the Software, or derivative works based thereon,
107 REQUIRES A COMMERCIAL LICENSE. Should Licensee wish to make commercial
108 use of the Software, Licensee will contact Illinois (namd@ks.uiuc.edu) to
109 negotiate an appropriate license for such use. Commercial use includes:
110 (1) integration of all or part of the Software into a product for sale,
111 lease or license by or on behalf of Licensee to third parties, or
112 (2) distribution of the Software to third parties that need it to
113 commercialize product sold or licensed by or on behalf of Licensee.
115 8. Government Rights. Because substantial governmental funds have been
116 used in the development of NAMD, any possession, use or sublicense of the
117 Software by or to the United States government shall be subject to such
118 required restrictions.
120 9. NAMD is being distributed as a research and teaching tool and as
121 such, TCBG encourages contributions from users of the code that might, at
122 Illinois' sole discretion, be used or incorporated to make the basic
123 operating framework of the Software a more stable, flexible, and/or useful
124 product. Licensees who contribute their code to become an internal
125 portion of the Software agree that such code may be distributed by
126 Illinois under the terms of this License and may be required to sign an
127 "Agreement Regarding Contributory Code for NAMD Software" before Illinois
128 can accept it (contact namd@ks.uiuc.edu for a copy).
130 UNDERSTOOD AND AGREED.
135 The best contact path for licensing issues is by e-mail to
136 namd@ks.uiuc.edu or send correspondence to:
138 Theoretical and Computational Biophysics Group
140 University of Illinois
141 405 North Mathews MC-251
142 Urbana, Illinois 61801 USA