NAMD License Agreement

 

University of Illinois
NAMD Molecular Dynamics Software
Non-Exclusive, Non-Commercial Use License

Upon execution of this Agreement by the party identified below ("Licensee"),   The Board of Trustees of the University of Illinois  ("Illinois"), on behalf   of The Theoretical and Computational Biophysics Group ("TCBG") in the Beckman  Institute, will provide the NAMD molecular dynamics software ("NAMD") in  Executable Code and/or Source Code form ("Software") to Licensee, subject to  the following terms and conditions. For purposes of this Agreement,  Executable Code is the compiled code, which is ready to run on Licensee's  computer. Source code consists of a set of files which contain the actual  program commands that are compiled to form the Executable Code.    1. The Software is intellectual property owned by Illinois, and all right,   title and interest, including copyright, remain with Illinois.  Illinois   grants, and Licensee hereby accepts, a restricted, non-exclusive,   non-transferable license to use the Software for academic, research and   internal business purposes only, e.g. not for commercial use (see Clause 7   below), without a fee.    2. Licensee may, at its own expense, create and freely distribute   complimentary works that interoperate with the Software, directing others to   the TCBG server to license and obtain the Software itself. Licensee may, at   its own expense, modify the Software to make derivative works.  Except as   explicitly provided below, this License shall apply to any derivative work   as it does to the original Software distributed by Illinois.  Any derivative   work should be clearly marked and renamed to notify users that it is a   modified version and not the original Software distributed by Illinois.    Licensee agrees to reproduce the copyright notice and other proprietary   markings on any derivative work and to include in the documentation of such   work the acknowledgement:    "This software includes code developed by the Theoretical and Computational   Biophysics Group in the Beckman Institute for Advanced Science and   Technology at the University of Illinois at Urbana-Champaign."    Licensee may redistribute without restriction works with up to 1/2 of their   non-comment source code derived from at most 1/10 of the non-comment source   code developed by Illinois and contained in the Software, provided that the   above directions for notice and acknowledgement are observed.  Any other   distribution of the Software or any derivative work requires a separate   license with Illinois.  Licensee may contact Illinois (namd@ks.uiuc.edu) to   negotiate an appropriate license for such distribution.    3. Except as expressly set forth in this Agreement, THIS SOFTWARE IS PROVIDED   "AS IS" AND ILLINOIS MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF   ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES   OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF   THE SOFTWARE WILL NOT INFRINGE ANY PATENT, TRADEMARK, OR OTHER RIGHTS.   LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE   SOFTWARE AND/OR ASSOCIATED MATERIALS.  LICENSEE AGREES THAT UNIVERSITY SHALL   NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL   DAMAGES WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT   OF OR ARISING FROM THIS AGREEMENT OR USE OF THE SOFTWARE AND/OR ASSOCIATED   MATERIALS.    4. Licensee understands the Software is proprietary to Illinois. Licensee    agrees to take all reasonable steps to insure that the Software is    protected and secured from unauthorized disclosure, use, or release and    will treat it with at least the same level of care as Licensee would use to    protect and secure its own proprietary computer programs and/or information,   but using no less than a reasonable standard of care.  Licensee agrees to   provide the Software only to any other person or entity who has registered   with Illinois. If licensee is not registering as an individual but as an   institution or corporation each member of the institution or corporation   who has access to or uses Software must agree to and abide by the terms   of this license. If Licensee becomes aware of any unauthorized licensing,   copying or use of the Software, Licensee shall promptly notify Illinois   in writing. Licensee expressly agrees to use the Software only in the   manner and for the specific uses authorized in this Agreement.    5. By using or copying this Software, Licensee agrees to abide by the    copyright law and all other applicable laws of the U.S. including, but not    limited to, export control laws and the terms of this license. Illinois    shall have the right to terminate this license immediately by written    notice upon Licensee's breach of, or non-compliance with, any  terms of the license. Licensee may be held legally responsible for any    copyright infringement that is caused or encouraged by its failure to    abide by the terms of this license. Upon termination, Licensee agrees to    destroy all copies of the Software in its possession and to verify such    destruction in writing.    6. The user agrees that any reports or published results obtained with    the Software will acknowledge its use by the appropriate citation as    follows:    "NAMD was developed by the Theoretical and Computational Biophysics Group in   the Beckman Institute for Advanced Science and Technology at the University   of Illinois at Urbana-Champaign."    Any published work which utilizes NAMD shall include the following reference:    "James C. Phillips, Rosemary Braun, Wei Wang, James Gumbart,   Emad Tajkhorshid, Elizabeth Villa, Christophe Chipot, Robert D. Skeel,   Laxmikant Kale, and Klaus Schulten. Scalable molecular dynamics with NAMD.   Journal of Computational Chemistry, 26:1781-1802, 2005."    Electronic documents will include a direct link to the official NAMD page    at http://www.ks.uiuc.edu/Research/namd/    7. Commercial use of the Software, or derivative works based thereon,    REQUIRES A COMMERCIAL LICENSE.  Should Licensee wish to make commercial   use of the Software, Licensee will contact Illinois (namd@ks.uiuc.edu) to   negotiate an appropriate license for such use. Commercial use includes:   (1) integration of all or part of the Software into a product for sale,   lease or license by or on behalf of Licensee to third parties, or   (2) distribution of the Software to third parties that need it to   commercialize product sold or licensed by or on behalf of Licensee.    8. Government Rights. Because substantial governmental funds have been    used in the development of NAMD, any possession, use or sublicense of the    Software by or to the United States government shall be subject to such    required restrictions.    9. NAMD is being distributed as a research and teaching tool and as    such, TCBG encourages contributions from users of the code that might, at    Illinois' sole discretion, be used or incorporated to make the basic    operating framework of the Software a more stable, flexible, and/or useful    product.  Licensees who contribute their code to become an internal    portion of the Software agree that such code may be distributed by    Illinois under the terms of this License and may be required to sign an    "Agreement Regarding Contributory Code for NAMD Software" before Illinois    can accept it (contact namd@ks.uiuc.edu for a copy).    UNDERSTOOD AND AGREED.      Contact Information:    The best contact path for licensing issues is by e-mail to    namd@ks.uiuc.edu or send correspondence to:                               NAMD Team                               Theoretical and Computational Biophysics Group                               Beckman Institute                               University of Illinois                               405 North Mathews MC-251                               Urbana, Illinois 61801 USA                               FAX: (217) 244-6078