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LICENSE
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Quantiphyse licence
===================
These licence terms apply to all licences granted by THE CHANCELLOR, MASTERS
AND SCHOLARS OF THE UNIVERSITY OF OXFORD whose administrative offices are at
office at University Offices, Wellington Square, Oxford OX1 2JD, United Kingdom
(the "University") for use of or access to quantiphyse-fabber ("the Software"),
a Quantiphyse plugin for nonlinear model fitting.
By using the Software provided directly to you by email, you (the "User") are
confirming that you agree that your use of the Software is subject to these
licence terms.
PLEASE READ THESE LICENCE TERMS CAREFULLY BEFORE USING THE SOFTWARE. IF YOU DO
NOT AGREE TO THESE LICENCE TERMS YOU SHOULD NOT USE THE SOFTWARE.
THE SOFTWARE ARE INTENDED FOR ACADEMICS CARRYING OUT RESEARCH AND NOT FOR USE
BY CONSUMERS OR COMMERCIAL BUSINESSES.
1. Academic Use Licence
1.1 The User is granted a limited non-exclusive and non-transferable royalty
free licence to access and use the Software provided that the User will:
(a) limit their use of the Software to their own internal academic
non-commercial research which is undertaken for the purposes of education
or other scholarly use;
(b) not use the Software for or on behalf of any third party or to provide a
service or integrate all or part of the Software into a product for sale
or license to third parties;
(c) use the Software in accordance with the prevailing instructions and
guidance for use given on the Website and comply with procedures on the
Website for user identification, authentication and access;
(d) comply with all applicable laws and regulations with respect to their use
of the Software;
(e) except to the extent expressly permitted under these terms, not attempt
to: reverse compile, disassemble or copy, modify, duplicate, create
derivative works from, frame, mirror, republish, download, display,
transmit, or distribute all or any portion of the Software or Website in
any form or media or by any means; and
(f) ensure that the Copyright Notice "Copyright © 2018, University of Oxford"
appears prominently wherever results from the Software are used, and is
referenced or cited with the Copyright Notice when the Software is
described in any research publication or on any documents or other
material created using the Software.
1.2 the University reserves the right at any time and without liability or
prior notice to the User to revise, modify and replace the functionality
and performance of the access to and operation of the Software.
1.3 The User acknowledges and agrees that the University owns all
intellectual property rights in the Software. The User shall not have any
right, title or interest in or to any results or other output from the
Software.
1.4 This Licence will terminate immediately and the User will no longer have
any right exercise any of the rights granted to the User upon any breach
of the conditions in Section 1.1 of this Licence.
2. Indemnity and Liability
2.1 The User shall defend, indemnify and hold harmless the University against
any claims, actions, proceedings, losses, damages, expenses and costs
(including without limitation court costs and reasonable legal fees)
arising out of or in connection with the User's possession or use of the
Software, or any breach of these terms by the User.
2.2 The Software are provided on an 'as is' basis and the User uses the
Software at their own risk. No representations, conditions, warranties or
other terms of any kind are given in respect of the Software and all
statutory warranties and conditions are excluded to the fullest extent
permitted by law. Without affecting the generality of the previous
sentences, the University gives no implied or express warranty and makes
no representation that the Software or any part of them:
(a) will enable specific results to be obtained; or
(b) meets a particular specification or is comprehensive within its field or
that it is error free or will operate without interruption; or
(c) is suitable for any particular, or the User's specific purposes.
2.3 Except in relation to fraud, death or personal injury, the University's
liability to the User for any use of the Software, in negligence or
arising in any other way out of the subject matter of these licence
terms, 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.
2.4 The User hereby irrevocably undertakes to the University not to make any
claim against any employee, student, researcher or other individual
engaged by the University, being a claim which seeks to enforce against
any of them any liability whatsoever in connection with this agreement
or its subject-matter.
3. General
3.1 Severability - If any provision (or part of a provision) of these licence
terms is found by any court or administrative body of competent
jurisdiction to be invalid, unenforceable or illegal, the other
provisions shall remain in force.
3.2 Entire Agreement - These licence terms and any documents referred to in
them, constitute the whole agreement between the parties and supersede
any previous arrangement, understanding or agreement between them
relating to the Software.
3.3 Law and Jurisdiction - These licence terms and any disputes or claims
arising out of or in connection with them shall be governed by, and
construed in accordance with, the law of England. The User irrevocably
submits to the exclusive jurisdiction of the English courts for any
dispute or claim that arises out of or in connection with these licence
terms.
If you are interested in using the Software commercially, please contact
Oxford University Innovation Limited to negotiate a licence. Contact details
are [email protected] quoting reference 14419.