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UCSF Chimera Non-Commercial Software License Agreement
This license agreement ("License"), effective today, is made by and
between you ("Licensee") and The Regents of the University of California,
a California corporation having its statewide administrative offices at
1111 Franklin Street, Oakland, California 94607-5200 ("The Regents"),
acting through its Office of Technology Management, University of
California San Francisco ("UCSF"), 600 16th Street, Suite S272, San
Francisco, California 94143, and concerns certain software known as
"UCSF Chimera," a system of software programs for the visualization and
interactive manipulation of molecular models, developed by the Computer
Graphics Laboratory at UCSF for research purposes and includes executable
code, source code, and documentation ("Software").
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General. A non-exclusive, nontransferable, perpetual license is
granted to the Licensee to install and use the Software for academic,
non-profit, or government-sponsored research purposes. Use of the
Software under this License is restricted to non-commercial purposes.
Commercial use of the Software requires a separately executed license
agreement.
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Permitted Use and Restrictions. Licensee agrees that it will
use the Software, and any modifications, improvements, or derivatives
to the Software that the Licensee may create (collectively,
"Improvements") solely for internal, non-commercial purposes and shall
not distribute or transfer the Software or Improvements to any person
or third parties without prior written permission from The Regents. The
term "non-commercial," as used in this License, means academic or other
scholarly research which (a) is not undertaken for profit, or (b) is
not intended to produce works, services, or data for commercial use, or
(c) is neither conducted, nor funded, by a person or an entity engaged
in the commercial use, application or exploitation of works similar to
the Software.
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Ownership and Assignment of Copyright. The Licensee acknowledges
that The Regents hold copyright in the Software and associated
documentation, and the Software and associated documentation are the
property of The Regents. The Licensee agrees that any Improvements made
by Licensee shall be subject to the same terms and conditions as the
Software. Licensee agrees not to assert a claim of infringement in
Licensee copyrights in Improvements in the event The Regents prepares
substantially similar modifications or derivative works. The Licensee
agrees to use his/her reasonable best efforts to protect the contents
of the Software and to prevent unauthorized disclosure by its agents,
officers, employees, and consultants. If the Licensee receives a request
to furnish all or any portion of the Software to a third party, Licensee
will not fulfill such a request but will refer the third party to the
UCSF Chimera web page
so that the third party's use of this Software will be subject to the
terms and conditions of this License. Notwithstanding the above,
Licensee may disclose any Improvements that do not involve disclosure
of the Software.
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Copies. The Licensee may make a reasonable number of copies of
the Software for the purposes of backup, maintenance of the Software or
the development of derivative works based on the Software. These
additional copies shall carry the copyright notice and shall be
controlled by this License, and will be destroyed along with the
original by the Licensee upon termination of the License.
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Acknowledgement. Licensee agrees that any publication of
results obtained with the Software will acknowledge its use by an
appropriate citation as specified in the documentation.
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Disclaimer of Warranties and Limitation of Liability. THE
LICENSEE AGREES THAT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. THE REGENTS MAKES NO
REPRESENTATION OR WARRANTY THAT THE SOFTWARE WILL NOT INFRINGE ANY
PATENT OR OTHER PROPRIETARY RIGHT. IN NO EVENT SHALL THE REGENTS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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Indemnification. To the extent permitted by law, Licensee shall
indemnify, defend with counsel acceptable to The Regents, and hold
harmless The Regents and the developers of the Software, their successors,
agents, officers, and employees against any and all claims, liability,
cost, damage, deficiency, loss, or obligation, of any kind or nature
(including, without limitation, reasonable attorney’s fees and other
costs and expenses of defense), including without limitation any cause
of action relating to product liability, any incidental or consequential
damage either direct or indirect, whether incurred, made or suffered by
Licensee or any third party obtaining access to the Software through
Licensee, in connection with and to the extent arising out of, the
Licensee’s furnishing, performance, possession or use of the Software
or in connection with the Licensee’s exercise of its rights under this
License. This provision shall survive termination of this License.
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Termination. This License is effective until terminated by
either party. Licensee's rights under this License will terminate
automatically without notice from The Regents if Licensee fails to comply
with any term(s) of this License. Licensee may terminate the License by
giving written notice of termination to The Regents. Upon termination
of this License, Licensee shall immediately discontinue all use of the
Software and destroy the original and all copies, full or partial, of
the Software, including any modifications or derivative works, and
associated documentation.
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Use of Names and Trademarks. Nothing contained in this License
will be construed as conferring any right to either party to use in
advertising, publicity, or other promotional activities any name, trade
name, trademark, or other designation of the other party (including a
contraction, abbreviation or simulation of any of the foregoing). The use
by the Licensee of the name "The Regents of the University of California"
or the name of any campus of the University of California in advertising,
publicity or other promotional activities is expressly prohibited.
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Governing Law and General Provisions. This License shall be
governed by the laws of the State of California, excluding the
application of its conflicts of law rules. This License shall not be
governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly
excluded. If any provisions of this License are held invalid or
unenforceable for any reason, the remaining provisions shall remain in
full force and effect. This License is binding upon any heirs and
assigns of the Licensee. The License granted to Licensee hereunder may
not be assigned or transferred to any other person or entity without
the express consent of The Regents. This License constitutes the
entire agreement between the parties with respect to the use of the
Software licensed hereunder and supersedes all other previous or
contemporaneous agreements or understandings between the parties,
whether verbal or written, concerning the subject matter. Any
translation of this License is done for local requirements and in the
event of a dispute between the English and any non-English versions,
the English version of this License shall govern.
Revised 5-May-2020
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