2 VISUAL MOLECULAR DYNAMICS SOFTWARE LICENSE AGREEMENT
4 Upon execution of this Agreement by the party identified below ("Licensee"),
5 The Board of Trustees of the University of Illinois ("Illinois"), on behalf
6 of The Theoretical and Computational Biophysics Group ("TCBG") in the Beckman
7 Institute, will provide the Visual Molecular Dynamics ("VMD") software in
8 ExecutableCode and/or Source Code form ("Software") to Licensee, subject to
9 the following terms and conditions. For purposes of this Agreement,
10 Executable Code is the compiled code, which is ready to run on Licensee's
11 computer. Source code consists of a set of files which contain the actual
12 program commands that are compiled to form the Executable Code.
14 1. The Software is intellectual property owned by Illinois, and all right,
15 title and interest, including copyright, remain with Illinois. Illinois
16 grants, and Licensee hereby accepts, a restricted, non-exclusive,
17 non-transferable license to use the Software for academic, research and
18 internal business purposes only, e.g. not for commercial use (see Clause 7
19 below), without a fee.
21 2. Licensee may, at its own expense, create and freely distribute
22 complimentary works that interoperate with the Software, directing others to
23 the TCBG server to license and obtain the Software itself. Licensee may, at
24 its own expense, modify the Software to make derivative works. Except as
25 explicitly provided below, this License shall apply to any derivative work
26 as it does to the original Software distributed by Illinois. Any derivative
27 work should be clearly marked and renamed to notify users that it is a
28 modified version and not the original Software distributed by Illinois.
29 Licensee agrees to reproduce the copyright notice and other proprietary
30 markings on any derivative work and to include in the documentation of such
31 work the acknowledgement:
33 "This software includes code developed by the Theoretical and Computational
34 Biophysics Group in the Beckman Institute for Advanced Science and
35 Technology at the University of Illinois at Urbana-Champaign."
37 Licensee may redistribute without restriction works with up to 1/2 of their
38 non-comment source code derived from at most 1/10 of the non-comment source
39 code developed by Illinois and contained in the Software, provided that the
40 above directions for notice and acknowledgement are observed. Any other
41 distribution of the Software or any derivative work requires a separate
42 license with Illinois. Licensee may contact Illinois (vmd@ks.uiuc.edu) to
43 negotiate an appropriate license for such distribution.
45 3. Except as expressly set forth in this Agreement, THIS SOFTWARE IS PROVIDED
46 "AS IS" AND ILLINOIS MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF
47 ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES
48 OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF
49 THE SOFTWARE WILL NOT INFRINGE ANY PATENT, TRADEMARK, OR OTHER RIGHTS.
50 LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE
51 SOFTWARE AND/OR ASSOCIATED MATERIALS. LICENSEE AGREES THAT UNIVERSITY SHALL
52 NOT BE HELD LIABLE FOR ANY DIRECT,INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
53 DAMAGES WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT
54 OF OR ARISING FROM THIS AGREEMENT OR USE OF THE SOFTWARE AND/OR ASSOCIATED
57 4. Licensee understands the Software is proprietary to Illinois. Licensee
58 agrees to take all reasonable steps to insure that the Softwareis
59 protected and secured from unauthorized disclosure, use, or release and
60 will treat it with at least the same level of care as Licensee would use to
61 protect and secure its own proprietary computer programs and/or information,
62 but using no less than a reasonable standard of care. Licensee agrees to
63 provide the Software only to any other person or entity who has registered
64 with Illinois. If licensee is not registering as an individual but as an
65 institution or corporation each member of the institution or corporation
66 who has access to or uses Software must agree to and abide by the terms
67 of this license. If Licensee becomes aware of any unauthorized licensing,
68 copying or use of the Software, Licensee shall promptly notify Illinois
69 in writing. Licensee expressly agrees to use the Software only in the
70 manner and for the specific uses authorized in this Agreement.
72 5. By using or copying this Software, Licensee agrees to abide by the
73 copyright law and all other applicable laws of the U.S. including, but not
74 limited to, export control laws and the terms of this license. Illinois
75 shall have the right to terminate this license immediately by written
76 notice upon Licensee's breach of, or non-compliance with, any
77 terms of the license. Licensee may be held legally responsible for any
78 copyright infringement that is caused or encouraged by its failure to
79 abideby the terms of this license. Upon termination, Licensee agrees to
80 destroyall copies of the Software in its possession and to verify such
81 destruction in writing.
83 6. The user agrees that any reports or published results obtained with
84 the Software will acknowledge its use by the appropriate citation as
87 "VMD was developed by the Theoretical and Computational Biophysics Group
88 in the Beckman Institute for Advanced Science and Technology at the
89 University of Illinois at Urbana-Champaign."
91 Any published work which utilizes VMD shall include the following reference:
92 "Humphrey, W., Dalke, A. and Schulten, K., `VMD -Visual Molecular
93 Dynamics', J. Molecular Graphics, 1996, vol. 14, pp. 33-38."
95 Electronic documents will include a direct link to the official VMD page
96 at http://www.ks.uiuc.edu/Research/vmd/
98 7. Commercial use of the Software, or derivative works based thereon,
99 REQUIRES A COMMERCIAL LICENSE. Should Licensee wish to make commercial
100 use of the Software, Licensee will contact Illinois (vmd@ks.uiuc.edu) to
101 negotiate an appropriate license for such use. Commercial use includes:
102 (1) integration of all or part of the Software into a product for sale,
103 lease or license by or on behalf of Licensee to third parties, or
104 (2) distribution of the Software to third parties that need it to
105 commercialize product sold or licensed by or on behalf of Licensee.
107 8. Government Rights. Because substantial governmental funds have been
108 used in the development of VMD, any possession, use or sublicense of the
109 Software by or to the United States government shall be subject to such
110 required restrictions.
112 9. VMD is being distributed as a research and teaching tool and as
113 such, TCBG encourages contributions from users of the code that might, at
114 Illinois' sole discretion, be used or incorporated to make the basic
115 operating framework of the Software a more stable, flexible, and/or useful
116 product. Licensees who contribute their code to become an internal
117 portion of the Software agree that such code may be distributed by
118 Illinois under the terms of this License and may be required to sign an
119 "Agreement Regarding Contributory Code for VMD Software" before Illinois
120 can accept it (contact vmd@ks.uiuc.edu for a copy).
122 UNDERSTOOD AND AGREED.
127 The best contact path for licensing issues is by e-mail to
128 vmd@ks.uiuc.edu or send correspondence to:
130 Theoretical and Computational Biophysics Group
132 University of Illinois
133 405 North Mathews MC-251
134 Urbana, Illinois 61801 USA