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diff --git a/licenses/HSL b/licenses/HSL new file mode 100644 index 000000000000..0c2d13392054 --- /dev/null +++ b/licenses/HSL @@ -0,0 +1,222 @@ +HSL ACADEMIC LICENCE VERSION 1.2 MAY 2011
+
+
+1 DEFINITIONS AND INTERPRETATION
+
+In this Agreement the following expressions have the following meanings:
+
+ "Harmful means any virus, worm, time bomb, time lock, drop dead
+ Element" device, trap and access code or anything else that
+ might disrupt, disable, harm or impede the operation of
+ any information system, or that might corrupt, damage,
+ destroy or render inaccessible any software, data or
+ file, or that may allow any unauthorised person to gain
+ access to, any information system or any software, data
+ or file on it;
+
+ "Intellectual means patents, trade marks, service marks, registered
+ Property" designs, copyrights, database rights, design rights,
+ know-how, confidential information, applications for
+ any of the above, trade secrets and any similar right
+ recognised from time to time in any jurisdiction,
+ together with all rights of action in relation to the
+ infringement of any of the above;
+
+ "Software" means the software and any accompanying documentation
+ downloaded by the Licensee; and
+
+ "STFC" means the Science and Technology Facilities Council,
+ one of whose principal offices is at Rutherford
+ Appleton Laboratory, Harwell Oxford, Didcot, OX11 0QX.
+
+2 LICENCE
+
+2.1 In consideration of the confidentiality undertakings given by the Licensee
+ pursuant to Clause 4, STFC grants the Licensee, for the duration of this
+ agreement, an indefinite, non-exclusive, non-transferable licence to use
+ the Software solely for personal use on the terms and conditions of this
+ Agreement provided that:
+
+ 2.1.1 the Licensee must be employed by, or a student of, a non-profit
+ educational, academic or research institute;
+
+ 2.1.2 the Licensee may not distribute any of the Software to any third
+ party, or share its use with any third party (regardless of whether
+ such third party is from the same institution), and the Licensee
+ may not sub-license the use of any of the Software;
+
+ 2.1.3 the Licensee may not use the Software for any commercial purposes;
+ and
+
+ 2.1.4 the Licensee may not copy any of the Software except for the
+ purposes of making a reasonable number of back-up copies, nor may
+ the Licensee modify the Software or incorporate or imbed it into
+ any other software products, except to optimise its performance for
+ the Licensee's use on a particular platform.
+
+2.2 The licence granted in clause 2.1 relates only to the release of the
+ Software at the date of this Agreement. The Licensee must acquire a new
+ licence from STFC to use any future release of the Software.
+
+2.3 The Licensee will not tamper with or remove any copyright or other
+ proprietary notice or any disclaimer that appears on or in any part of
+ the Software and will reproduce the same in all copies of the Software.
+
+2.4 In any published work produced by the Licensee which includes results
+ achieved by using the Software, the Licensee shall acknowledge that the
+ Software was used in producing the results contained in such publication
+ by including the following citation: "HSL, a collection of Fortran codes
+ for large-scale scientific computation. See http://www.hsl.rl.ac.uk/".
+
+3 WARRANTIES AND LIABILITY
+
+3.1 The Software is supplied as is, including any faults.
+
+3.2 To the maximum extent permitted by the law, STFC excludes all warranties
+ conditions or other terms that may be implied into this Agreement whether
+ by law, statute or otherwise.
+
+3.3 STFC gives no condition, warranty or other term whatsoever, either
+ express or implied including, without limitation, any condition, warranty
+ or other term as to the condition of the Software, that the Software is
+ free from any Harmful Element, or as to satisfactory quality, fitness for
+ a particular purpose, non-infringement, or use of reasonable care and
+ skill.
+
+3.4 To the extent permitted under applicable law, STFC shall not be liable in
+ contract, tort or otherwise for any loss or damage, howsoever arising in
+ connection with the Software. Accordingly, the Licensee acknowledges and
+ accepts that it uses the Software at its own risk.
+
+3.5 STFC shall not be liable for any indirect, special, or consequential
+ damages, or loss of profit, whether such damages or losses are known,
+ foreseen, foreseeable or unforeseen. Nothing in this Agreement shall
+ limit STFC's liability for negligently caused death or personal injury
+ or fraud.
+
+4 NON-DISCLOSURE AGREEMENT
+
+4.1 In consideration of the disclosure by STFC to the Licensee of the
+ Software, the Licensee undertakes that it will respect and preserve the
+ confidentiality of the Software for a period of five years after the date
+ of such disclosure (subject to clause 4.2 below).
+
+4.2 The obligations contained in this clause 4 shall not apply, or shall
+ cease to apply, to such part of the Software as the Licensee can show to
+ the reasonable satisfaction of STFC:
+
+4.2.1 has become public knowledge other than through the fault of the Licensee;
+ or
+
+4.2.2 was already known to the Licensee prior to disclosure to it by STFC; or
+
+4.2.3 has been received from a third party who neither acquired it in
+ confidence from STFC, nor owed STFC a duty of confidence in respect of it.
+
+5 PROPERTY RIGHTS
+
+5.1 The Software is proprietary to STFC. The Licensee acknowledges that any
+ disclosure pursuant to this agreement shall not confer on the Licensee
+ any Intellectual Property or other rights in relation to the Software.
+
+5.2 Ownership of all complete or partial copies of the Software shall at all
+ times remain with STFC. The Licensee agrees to mark any copies of the
+ Software which it may make in any tangible medium with a notice that such
+ copy belongs to STFC.
+
+6 TERMINATION
+
+6.1 The Licensee may terminate the Agreement at any time by giving at least
+ 30 days' prior written notice to STFC.
+
+6.2 The Agreement shall terminate automatically in the event that the
+ Licensee no longer fulfils the requirements of clause 2.1.1.
+
+6.3 STFC may terminate the Agreement immediately on giving notice in writing
+ to the Licensee if the Licensee commits any serious breach of any term of
+ this Agreement and fails (in the case of a breach capable of being
+ remedied), within 10 days after the receipt of a request in writing from
+ the STFC to do so, to remedy the breach (such request to contain a
+ warning of the STFC's intention to terminate).
+
+6.4 Immediately upon the termination of the Agreement the Licensee shall
+ destroy the Software and all copies of the whole or any part thereof and
+ certify in writing to STFC that they have been destroyed.
+
+6.5 Any termination of this Agreement (howsoever occasioned) shall not affect
+ any accrued rights or liabilities of either party nor shall it affect the
+ coming into force or the continuance in force of any provision in this
+ Agreement which is expressly or by implication intended to come into or
+ continue in force on or after such termination.
+
+7 GENERAL
+
+7.1 STFC may assign any of its rights and obligations under this Agreement,
+ upon written notice, to any affiliated organization or to a statutory
+ successor. Any assignment shall be subject to the assignee undertaking to
+ observe the terms and conditions of this Agreement.
+
+7.2 The Licensee may not assign, transfer, charge, sublicense or otherwise
+ deal in or dispose of in whole or in part any of its rights or
+ obligations under this Agreement without the prior written consent of
+ STFC (such consent not to be unreasonably withheld or delayed).
+
+7.3 Nothing in this Agreement will constitute or will be deemed to constitute
+ between the parties a partnership, association, joint venture or other
+ co-operative entity, or constitute the relationship of principal and
+ agent.
+
+7.4 Neither party shall have any liability under or be deemed in breach of
+ this Agreement for any delays or failures in performance of this
+ Agreement which result from circumstances beyond the reasonable control
+ of that party including, without limitation, fire, explosion, flood,
+ tempest, unusually adverse weather conditions, failure or shortage of
+ power supplies, war, hostilities, riot or acts of terrorism. The party
+ affected by such circumstances shall promptly notify the other party in
+ writing when such circumstances cause a delay or failure in performance
+ and when they cease to do so. If circumstances continue for a continuous
+ period of one (1) month, either party may terminate this Agreement by
+ written notice to the other party.
+
+7.5 No forbearance, delay or indulgence by either party in enforcing the
+ provisions of this Agreement shall prejudice or restrict the rights of
+ that party nor shall any waiver of its rights operate as a waiver of any
+ subsequent breach and no right, power or remedy herein conferred upon or
+ reserved for either party is exclusive of any other right, power or
+ remedy available to that party and each such right, power or remedy shall
+ be cumulative.
+
+7.6 This Agreement supersedes all prior agreements, arrangements and
+ understandings between the parties and constitutes the entire agreement
+ between the parties relating to the subject matter hereof (save that
+ neither party seeks to exclude liability for any fraudulent
+ pre-contractual misrepresentation upon which the other party can be shown
+ to have relied). The Licensee hereby warrants to STFC that the Licensee
+ has not been induced to enter into this Agreement by any prior
+ representations or warranties, whether oral or in writing, except as
+ specifically contained in this Agreement and the Licensee hereby
+ irrevocably and unconditionally waives any right it may have to claim
+ damages for any misrepresentation not contained in this Agreement or for
+ breach of any warranty not contained herein (unless such
+ misrepresentation or warranty was made fraudulently and was relied upon
+ by the Licensee) and/or to rescind this Agreement. No addition to or
+ modification of any provision of this Agreement shall be binding upon the
+ parties unless made by a written instrument signed by a duly authorised
+ representative of each of the parties.
+
+7.7 Notwithstanding that the whole or any part of any provision of this
+ Agreement may prove to be illegal or unenforceable the other provisions
+ of this Agreement and the remainder of the provision in question shall
+ remain in full force and effect.
+
+7.8 The parties confirm their intent not to confer any rights on any third
+ parties by virtue of this Agreement and accordingly the Contracts (Rights
+ of Third parties) Act 1999 shall not apply to this Agreement.
+
+7.9 This agreement shall be interpreted and construed in accordance with the
+ laws of England and Wales. The English Courts will have exclusive
+ jurisdiction to deal with any dispute which has arisen or may arise out
+ of or in connection with this Agreement, however STFC may enforce the
+ Licensee's obligation of confidence in the courts of any jurisdiction
+ having competence to issue an injunction directly enforceable against
+ the Licensee.
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