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Main Commercial Workstation LicenseSoftware License Agreementbetween
(Person, Institute, Organization, Address, EMAIL etc.) - in the following referred to as ”LICENSEE” - and Univ.- Prof. Dr. J. Gauss Johannes Gutenberg-Universität Mainz to act for the developers of the Software - in the following referred to as ”LICENSOR” - Preamble and Definitions 1. LICENSOR has developed a software-program "CFOUR" in cooperation with scientists of the University of Texas at Austin, University of Florida (Gainesville), Eötvös-Lorand-University Budapest and Johannes Gutenberg-Universität Mainz. "CFOUR" is an experimental code for the accurate calculation of molecular energies and properties using many-body techniques. 2. LICENSEE can be an individual or an organization, which uses "CFOUR" for commercial purposes. 3. The developers have authorized Prof. Dr. J. Gauss to grant licenses for commercial use. 4. The non-exclusive granting (license) of "CFOUR" will be effected under the following conditions: §1 License 1. LICENSOR grants LICENSEE for the duration of this contract a nonexclusive license to use the software ”CFOUR” for commercial purposes on one computer. It may be executed in parallel on a single multiprocessor machine. 2. Copyright for the source code and the documentation rests with the authors and source code and documentation are not being placed in the public domain. (a) The LICENSEE is required to make sure that only the ”CFOUR” executables, shell scripts, utility programs, and basis sets are available to the users at the LICENSEE. The source and object files of the programs must be properly protected in order to prevent users from accessing them. (b) When the LICENSEE stops using a computer, proper actions will be taken to make sure that all ”CFOUR” - files, including object files and executables, are deleted on that computer. (c) All copies of "CFOUR" will be deleted when it has ended its useful life. (d) Changes in the source code are only to be made in order to make the code compile and perform correctly on the site as well as to upgrade the code through patches supplied from the authors. (e) The ”CFOUR” source code may not, in whole or in part, be included in any program code LICENSEE distributes to other users, whether they have an ”CFOUR” license or not, without the specific written consent of the authors of "CFOUR" or their representatives. 3. LICENSEE does not have the right to assign the license to third parties or to grant sublicenses. 4. The documents and materials transferred from LICENSOR to the LICENSEE, including copies made thereof, remain the properties of LICENSOR. §2 Confidentiality 1. LICENSEE promises to maintain in confidence the know-how provided to him by LICENSOR, in particular not to transfer it to third parties, and to use the know-how only in the scope of this agreement. 2. For this purpose LICENSEE will keep all documents and data carriers containing know-how of LICENSOR locked up in the same way as own secret documents, and LICENSEE will require all of its employees having access to the know-how and information of LICENSOR to sign a written confidentiality. 3. LICENSEE must not publish the Software as object code or as source code. 4. The above limitations do not apply to information (a) which LICENSEE already has in written form prior to signing this agreement , (b) which have become accessible to the public due to publication of third parties without the activities of LICENSEE. 5. LICENSEE has the burden of proof for the existence of such exception. §3 Payments 1. LICENSEE agrees to pay the applicable license fee. Payment of the license fee entitles LICENSEE to use "CFOUR" in accordance with this document. §4 Exclusion of liability 1. Users are to be informed that the experimental nature of this program means that there is no warranty of correctness of results nor fitness for a particular purpose and the authors of “CFOUR” cannot be held responsible in any way. The authors of ”CFOUR” are not obliged to make corrections on reported errors, nor is there any support for users implied by making the program available. 2. The authors will not provide a help line for usage problems. §5 Copyright protection 1. The obligations by LICENSEE under this agreement are primarily in consideration for the transfer of secret know-how by LICENSOR and are not conditional upon the existence of copyright protection of the software ”CFOUR”. 2. The parties agree that the licensed Software ”CFOUR” has copyright protection. 3. LICENSOR does not guarantee the copyright protection of the licensed software or parts thereof. §6 Copyright notice 1. The users must be informed that any published work arising from use of ”CFOUR” must include the following citation: 2. The users must be informed that any published work arising from use of the parallel "CFOUR" software must include the following citation: "M.E. Harding, T. Metzroth, J. Gauss, and A.A. Auer, J. Chem. Theor. Comp. 4, 64 (2008)" 3. In addition, credit has to be given to the corresponding publications which describe the underlying methodological developments. §7 Developments of LICENSEE 1. LICENSEE will submit to LICENSOR any suggestions for improvements and further developments of "CFOUR". 2. LICENSOR has the right to use the updates developed by LICENSEE, also beyond the termination of this agreement. This is also applicable in the case that LICENSEE obtains a patent for the improvement on "CFOUR". 3. By the incorporation of improvements of LICENSEE into "CFOUR", LICENSEE does not acquire any rights on this program and LICENSOR maintains the right to use these improvements within the software "CFOUR". §8 Duration This agreement is entered into for a duration of 5 years. §9 Salvatorian clause Should a provision of this agreement be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provisions shall not thereby be affected. Instead of the invalid provision a valid provision is deemed to have been upon which comes closest to what the parties intended commercially; the same applies in the case of an omission. §10 Change to this agreement Any change of this agreement requires written form, no collateral agreements to this agreement have been made. §11 Jurisdiction and applicable law The applicable law shall be that of the Federal Republic of Germany. Mainz, on behalf of the developers, Prof. Dr. Jürgen Gauss
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CFOUR is partially supported by the U.S. National Science Foundation.