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UCSF ChimeraX Non-Commercial Software License Agreement
UCSF ChimeraX 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 Innovation, Technology & Alliances, University
of California San Francisco (“UCSF”), 3333 California
Street, Suite S-11, San Francisco, California 94143, and concerns
certain software known as “UCSF ChimeraX,” a system of
integrated software tools for interactive visualization and analysis
of molecular structures and related data, developed by the Resource
for Biocomputing, Visualization and Informatics (“RBVI”)
at UCSF for research purposes and includes executable code, source
code, and documentation (“Software”).
- 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 WRITTEN LICENSE AGREEMENT.
- 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. For the avoidance of doubt, extensions
or “plugins” developed by the Licensee as original works
for the purpose of adding new functionality or customizing the
Software shall not be considered Improvements. The Licensee may use
such extensions or “plugins” for any purpose and may
distribute them 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.
- 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 ChimeraX 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.
- 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.
- Acknowledgement. Licensee agrees that any publication of
results obtained with the Software will acknowledge its use by an
appropriate citation as specified in the
- 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.
- 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.
- 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.
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