[pkgsrc/trunk]: pkgsrc/licenses Update from webpage at http://www.cmbi.kun.nl...

[wiz <wiz%pkgsrc.org@localhost>]

details:   https://anonhg.NetBSD.org/pkgsrc/rev/435e941163b5
branches:  trunk
changeset: 484821:435e941163b5
user:      wiz <wiz%pkgsrc.org@localhost>
date:      Tue Nov 30 07:42:29 2004 +0000

description:
Update from webpage at http://www.cmbi.kun.nl/~schaft/molden/COMMERCIAL_LICENSE.html

diffstat:

 licenses/molden-license |  95 +++++++++++++++++++++++-------------------------
 1 files changed, 45 insertions(+), 50 deletions(-)

diffs (252 lines):

diff -r 5f9187048482 -r 435e941163b5 licenses/molden-license
--- a/licenses/molden-license   Tue Nov 30 05:58:04 2004 +0000
+++ b/licenses/molden-license   Tue Nov 30 07:42:29 2004 +0000
@@ -1,20 +1,15 @@
-
-Authorization to download and use MOLDEN by commercial 
-(non-acedemic,non-profit organisations) users is acquired by printing, 
-completing, signing and fax-ing the below agreement to:
+        Use mail to post%cmbi.kun.nl@localhost for questions, problems and/or remarks.
+For urgent problems call: 024-365-3322.
+Users employed by non-academic, for-profit organisations are required to receive authorization to download and use MOLDEN.
+Print, complete, sign and fax the license agreement to:
 
 CMBI
 Secr. office
 Fax: +31 (0)24 3652977
 
-                               License fees:                   
-                                                 Non-Academic: $ 1000
+The license fee is US$ 1000.
 
-A duly signed copy of the license agreement and an invoice will be 
-returned by mail to licensee. 
-
------------------------------------------------------------------------------
------------------------------------------------------------------------------
+A duly signed copy of the license agreement and an invoice will be returned by mail to licensee.
 
 MOLDEN Software license agreement.
 ----------------------------------
@@ -37,12 +32,12 @@
    -----------------
 
    a. Subject to the terms and conditions hereinafter set forth, 
-the CMBI hereby grants a perpetual, nonexclusive and non-transferable 
+CMBI hereby grants a perpetual, nonexclusive and non-transferable 
 license (the "License") to Licensee to use the computer software package 
-known as MOLDEN version 3.6, which is described more fully in Schedule A 
+known as MOLDEN, which is described more fully in Schedule A 
 hereto (the "Software"). This Agreement shall not transfer any title or 
 ownership rights in the Software, including intellectual property rights 
-embodied therein, which shall at all times remain with the CMBI. The 
+embodied therein, which shall at all times remain with CMBI. The 
 License is granted on the conditions that the Software will be used 
 solely by Licensee and its departmental employees in its laboratory 
 located in ...................................................
@@ -52,7 +47,7 @@
 Department") for research and/or teaching purposes, and that neither the 
 Software, its documentation, the related codes and data, or any changes, 
 additions, modifications, improvements or alterations thereof, whether 
-made by the CMBI or Licensee, shall knowingly be used by, made available 
+made by CMBI or Licensee, shall knowingly be used by, made available 
 to, or disclosed to any other person or entity.
 
    b. Licensee may not make any copies of the Software, except for use on 
@@ -60,7 +55,7 @@
 made for archival or back-up purposes.
 
    c. Licensee may not change, modify, prepare derivative works from, add 
-to, or improve the Software without the CMBI's prior written consent. 
+to, or improve the Software without CMBI's prior written consent. 
 Licensee may not reverse engineer, decompile, disassemble, or take any 
 other steps to derive a source code equivalent of the Software.
 
@@ -70,31 +65,31 @@
 
    e. The Software may be used by Licensee on only one or more computers 
 that it owns and leases in Licensee Department. Licensee shall provide 
-the CMBI promptly with the location and identification of such machines, 
-upon the CMBI's request.
+CMBI promptly with the location and identification of such machines, 
+upon CMBI's request.
 
 
 2. Delivery of Software
    --------------------
 
 
-   a. Within a period of 3 days of the date or this Agreement, the CMBI 
+   a. Within a period of 3 days of the date or this Agreement, CMBI 
 shall provide the Licensee with a password giving access to the directory
-from which a copy of MOLDEN version 3.6 , more fully described in 
+from which a copy of MOLDEN, more fully described in 
 Schedule A, can be FTP'ed to the Licensee's computer.
 
-   b. It is understood that the CMBI will provide no maintenance or 
-installation services of any kind hereunder. The CMBI, in its sole 
+   b. It is understood that CMBI will provide no maintenance or 
+installation services of any kind hereunder. CMBI, in its sole 
 discretion, will use reasonable efforts to assist Licensee in correcting 
-errors brought to the CMBI's attention by Licensee, except that 
-the CMBI will not be considered in breach of this Agreement if it is 
+errors brought to CMBI's attention by Licensee, except that 
+CMBI will not be considered in breach of this Agreement if it is 
 unable to do so.
 
 
 3. Software charges.
    ----------------
 
-   a. Licensee shall pay to the CMBI, upon invoice and within 30 days of 
+   a. Licensee shall pay to CMBI, upon invoice and within 30 days of 
 the date of this Agreement a fee of $(U.S) 1000.
 
    b. In addition to the fee set forth in section 3a above, Licensee 
@@ -102,13 +97,13 @@
 result of this Agreement or activities hereunder.
 
 
-4. Confidentiality; Protection of Software and the CMBI Information.
+4. Confidentiality; Protection of Software and CMBI Information.
    -----------------------------------------------------------------
 
    a. Licensee agrees that the Software and related materials shall be 
-held in confidence and are being provided by the CMBI for the exclusive 
+held in confidence and are being provided by CMBI for the exclusive 
 use of Licensee. Licensee will be responsible for maintaining and 
-securing on behalf of the CMBI the Software and related materials in its 
+securing on behalf of CMBI the Software and related materials in its 
 possession or under its control. Licensee 
 (i) will protect the Software and related materials in the same manner 
 that it protects its own confidential information;
@@ -130,38 +125,38 @@
    -------------------------
  
    a. While the Software has been tested for accuracy and proper 
-functioning, the CMBI disclaims any responsibility for the accuracy or 
+functioning, CMBI disclaims any responsibility for the accuracy or 
 correctness of the Software or for its use or application by Licensee. 
 
-   b. The CMBI is licensing the Software to Licensee on an "as is" 
-basis. The CMBI makes no representation or warranty, either express or 
+   b. CMBI is licensing the Software to Licensee on an "as is" 
+basis. CMBI makes no representation or warranty, either express or 
 implied, of any kind, and hereby expressely disclaims any warranties, 
 representations or guarantees of any kind as to the software, including 
 but not limited to, any warranties of merchantability, adequacy or 
 suitability of the software for any particular purpose or to produce any 
 particular result, and any warranties of freedom of infringement of  any 
 patents, copyrights, trade secrets or other rights of third parties. 
-The CMBI or its employees shall not have any liability to Licensee or 
+CMBI or its employees shall not have any liability to Licensee or 
 any other person arising out of the use of the Software by Licensee for 
 any reason, including but not limited to the unmerchantability, 
 inadequacy or unsuitability of the software for any particular purpose or 
 to produce any particular result, or the infringement of any patents, 
 copyrights, trade secrets or other rights of third parties, for any 
-latent defects therein or the failure of the CMBI to provide Licensee 
+latent defects therein or the failure of CMBI to provide Licensee 
 with any modifications or changes in the Software.
 
-   c. In no event will the CMBI or its employees be liable to Licensee 
+   c. In no event will CMBI or its employees be liable to Licensee 
 or to any other party for any loss or damages, incidental, consequential, 
 indirect or other wise, including, but not limited to time, money, or 
 good will, arising from the use or operation of the Software by Licensee. 
-In no event shall the CMBI's liability to Licensee execeed the payments 
+In no event shall CMBI's liability to Licensee execeed the payments 
 made by Licensee pursuant to this Agreement.
 
 
 6. Indemnity.
 -------------
 
-   Licensee shall hold harmless, defend and indemnify the CMBI and its 
+   Licensee shall hold harmless, defend and indemnify CMBI and its 
 employees, from and against any damages, suits, claims,liabilities, costs, 
 and expenses (including actual attorneys' fees), of any type whatsoever,
 arising out of or relating to, directly or indirectly, the improper, unauthorized,
@@ -172,22 +167,22 @@
 7. Use of Name.
 ---------------
 
-   Licensee will not use the name of the CMBI or the name of 
-any of its employees for any purpose whatsoever without the CMBI's 
+   Licensee will not use the name of the CMBI Center or the name of 
+any of its employees for any purpose whatsoever without CMBI's 
 written consent.
 
 
 8. Termination.
 ---------------
 
-   a. The CMBI may terminate this Agreement and the License granted 
+   a. CMBI may terminate this Agreement and the License granted 
 hereunder upon 30 days written notice of Licensee's material breach of 
 the Agreement and Licensee's failure to cure the breach within 30 days of 
 receipt of said notice.. Sections 4, 6 and 7 shall survive the 
 termination or expiration of this Agreement.
 
    b. Licensee may terminate this Agreement and the License hereunder 
-upon 30 days written notice to the CMBI; such termination will be 
+upon 30 days written notice to CMBI; such termination will be 
 effective upon compliance with Section 1d above.
 
 
@@ -199,10 +194,10 @@
 be considered given when mailed by registered mail or electronic fax to 
 the parties at the following addresses:
 
-    If to the CMBI:
+    If to CMBI:
   
-           Director CMBI
-           CMBI
+           Director CMBI Center
+           CMBI Center
            Faculty of Science
            University of Nijmegen
            Toernooiveld 1
@@ -227,7 +222,7 @@
 
    b. Assignment. This Agreement and all rights and obligations 
 hereunder may not be assigned, sublicensed or transferred by 
-Licensee without the prior written consent of the CMBI.
+Licensee without the prior written consent of CMBI.
 
 
    c. Governing Law.  This Agreement shall be governed by Dutch Law 
@@ -244,13 +239,13 @@
 
 
 
-CMBI:
+CMBI Center:
 
 By: .................................
 
 
-     G. Vriend
-     Director
+     G. Schaftenaar (on behalf of Prof. G. Vriend, director)
+     
     
      date:   ...................
 
@@ -280,12 +275,12 @@
 -----------
 
 
-MOLDEN.     Version 3.6
+MOLDEN.     
 
 
 An interactive visualization program for chemical structures, orbitals, 
-total electron density, difference density, and electrostatic potential 
-, ESP charges and Distributed Multipole Analysis. 
+total electron density, difference density, and electrostatic potential, 
+ESP charges and Distributed Multipole Analysis. 
 
 MOLDEN reads output from the ab-initio programs Gaussian, Gamess-US and
 Gamess-UK. In addition it reads chemx, PDB, a variety of mopac/ampac files