15-005 MA'AT User Copyright Agreement

15-005 MA’AT User Copyright Agreement

 

A Computer Program to Analyze Redundant NMR Spin-Couplings in Molecular Structure Determinations (“MA’AT”) and associated material is subject to copyright under title 17 US code owned by the University of Notre Dame du Lac (“ND”).

GRANT of RIGHTS.  The University of Notre Dame du Lac (“ND”) grants to you and you, a user downloading the software, (“LICENSEE”) accept, through the act of downloading the software, a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license to the copyright owned by ND in MA’AT subject to the terms of this agreement (“AGREEMENT”).   The effective date of this AGREEMENT shall be the date MA’AT is first downloaded by LICENSEE.

RIGHTS and RESTRICTIONS.  LICENSEE may make use of and create derivative works of MA’AT for its own internal purposes but shall not copy, use, sublicense or sell MA’AT for the direct commercial benefit of LICENSEE in which LICENSEE receives revenue for product or services containing MA’AT or derivative works. Additionally, LICENSEE is prohibited from creating products or processes for end-use by third parties or for use in services intended to benefit third parties, regardless of revenue.  LICENSEE shall not sell, transfer, lease, or otherwise distribute products incorporating MA’AT to third parties.  LICENSEE shall not distribute, disclose, show, or otherwise publically display, in whole or in part, MA’AT source code (if so provided).  LICENSEE shall not reverse engineer, decompile, or disassemble MA’AT in an attempt to uncover source code (if not provided). LICENSEE may freely display and distribute the results obtained from MA’AT and products containing MA’AT.

USE LIMITATIONS. This license allows LICENSEE only one copy of MA’AT. LICENSEE may install the copy of MA’AT on one and only one computer or server. If made available to multiple users, the number of users who may use MA’AT at any one time is limited to 10. Multiple licenses may be obtained by LICENSEE to extend the number of users.

RETAINED RIGHTS.  LICENSEE acknowledges MA’AT is the good and valuable property of ND.  ND reserves all rights not expressly granted herein.

CONSIDERATION. In consideration for the rights granted in this agreement, LICENSEE shall pay to ND a one-time amount of fifty Dollars (US$50.00) payable electronically prior to delivery of MA’AT.

Liability and Warranty.  LICENSEE agrees that its use of MA’AT is at its own risk, and that MA’AT is provided as-is.  ND makes no representation and extends no warranties of any kind either express or implied, including but not limited to warranties of merchantability, fitness of a particular purpose, freedom of infringement from any patent, copyright, or any other intellectual property or proprietary right, or the absence of defects, whether or not discoverable, in MA’AT or associated material.  LICENSEE accepts all liability and agrees ND shall not be liable for any loss or damage associated with its use of MA’AT.  LICENSEE agrees to indemnify, defend, and hold ND harmless against all claims associated with LICENSEE’s use of MA’AT, including ND’s reasonable attorney’s fees and costs.

Termination.  This AGREEMENT may be immediately terminated through written notice provided by ND upon material breach of terms by LICENSEE.  LICENSEE shall return all copies of MA’AT or provide written confirmation of their permanent destruction within sixty (60) days of receiving such notice.

Choice of Law.  All disputes arising out of or related to this Agreement, or the performance, enforcement, breach or termination hereof, and any remedies relating thereto, shall be construed, governed, interpreted and applied in accordance with the laws of the State of Indiana, U.S.A., without giving effect to principles of conflict of laws or choice of law rules.

Notification.  The address provided shall be used for any notification desired or required under this AGREEMENT.

Director
Office of Technology Transfer
University of Notre Dame
940 Grace Hall
Notre Dame, IN 46556