AstexViewer™ Download
AstexViewer™ is provided free of charge for academic and commercial users, subject to acceptance of the terms and conditions laid out below. If you do not agree with the license conditions, do not download the software.
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AstexViewer™ Software
End User Licence Agreement
PREAMBLE
AstexViewer™ is a program for displaying molecular structures and electron density maps. The purpose of this document is to state the terms and conditions under which AstexViewer™ Software and the associated documentation ("the Software") may be used. Upon acceptance of the terms and conditions of this Agreement, Astex will provide AstexViewer™ Software to the Licensee.
NOTICE TO YOU THE LICENSEE:
BEFORE BEING PERMITTED TO DOWNLOAD THE SOFTWARE YOU MUST CLICK ON "Proceed to download" TO INDICATE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE FOLLOWING TERMS AND CONDITIONS WHICH APPLY TO ITS USE.
THIS AGREEMENT IS A LEGAL DOCUMENT. PLEASE READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENCE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING ALL OR ANY PORTION OF THIS SOFTWARE YOU ARE CONFIRMING ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Definitions. AstexViewer™ Software ("Software") means all of the content of the downloadable files or part thereof with which this Agreement is provided, including, but not limited to (i) Astex or third party information or software, (ii) related explanatory written material or files ("documentation"). "Use" or "Using" or "User" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the documentation.
2. Software Licence. In consideration for a mutual exchange of promises, which both Astex and Licensee hereby recognise as good and valuable consideration, Astex grants, and Licensee hereby accepts, a restricted, non-exclusive, non-transferable license to use the Software for the purposes described in the documentation for academic research and business use only. FOR THE AVOIDANCE OF DOUBT PERMITTED USE DOES NOT INCLUDE THE INTEGRATION OF ALL OR PART OF THE SOFTWARE INTO A PRODUCT ESSENTIALLY THE SAME AS THE EXPRESSION OF THE SOFTWARE FOR COMMERCIALIZATION, INCLUDING BUT NOT LIMITED TO, SALE, LEASE OR LICENSE BY OR ON BEHALF OF LICENSEE TO THIRD PARTIES. This Agreement will terminate if Licensee does not comply with the terms and conditions herein. Astex reserves the right to terminate this Agreement with immediate effect for breach of the terms of the Licence or in the event of the Licensee becoming insolvent.
3. Copying and Distribution. The Software is made available to Licensee, free of charge for use. Licensee may not copy, modify, sublicense, distribute or transfer the Software except as expressly provided for under this Agreement. Licensee may not rent, lease, sublicense or authorise all or any portion of the Software to be copied by another user except as expressly provided for under this Agreement. Licensee may not transfer its rights in the Software to another user. Any attempt to copy, modify, sublicense, distribute or transfer the Software except as expressly provided for under this Agreement is void, and will automatically terminate Licensee's rights to use the Software under this Agreement. If others are interested in accessing the Software please direct them to the Astex website server (www.astex-therapeutics.com) to license and obtain the AstexViewer™ Software. In cases where a single site requires more than one implementation of the Software, Licensee may copy verbatim copies of the Software as Licensee receives it in any medium at that site provided that the User conspicuously and appropriately publishes on each copy the same copyright and other proprietary notices, including the Astex logo and trademarks as they appear on or in the Software.
4. Intellectual Property Rights. Although Licensee may own the media on which the Software is recorded, any copies Licensee is permitted to make are intellectual property owned by Astex, and all right, title and interest, including copyright, remain with Astex. Except as expressly stated above, this Agreement does not grant Licensee any intellectual property rights in the Software. Any copies that Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices, including the Astex logo and trademarks as they appear on or in the Software and no attempt must be made by Licensee to subvert or otherwise alter such proprietary notices.
5. Modifications. Licensee agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. In the case that:
a. Licensee wishes to make modifications in order to achieve interoperability of the Software with another software programme, Licensee may do so in so far as it is able with the Software as provided and at its own cost. Astex will be under no obligation to provide any further information or support to allow Licensee to make such modifications.
b. Licensee wishes to develop a modification or derivative which enhances the utility of the Software, Licensee may do so in so far as it is able with the Software as provided and at its own cost. Astex will be under no obligation to provide any further information or support to allow Licensee to develop such modifications or derivatives.
c. Permission to make and distribute any modification or derivative under this Agreement is granted to Licensee by Astex provided that:
i. Any such information supplied by Astex as permitted hereunder may only be used for the purposes described herein and may not be used to create any software which is substantially similar to the expression of the Software.
ii. Any such derivative work be clearly marked to notify users that it is a modified version and not the original Software distributed by Astex.
iii. Licensee will include in the documentation of such distribution of any such modified version or derivative work the acknowledgement:
"This software includes code developed by Astex Therapeutics Limited, Cambridge Science Park, Milton Road, Cambridge, United Kingdom, as described in: Michael J. Hartshorn, "AstexViewer™ A visualisation aid for structure-based drug design", Journal of Computer Aided Molecular Design, 16 (12), 871-881 (2002)."
iv. Licensee makes no attempt to subvert or otherwise alter proprietary notices, including, but not limited to, the Astex logo and trademarks as they appear on or in the Software.
v. The terms of this Agreement shall apply to any Software distributed by Licensee to a third party.
6. Third Party Property. Files may be supplied that are not specifically owned by Astex or that originate from a third party and Astex shall not be liable and shall take no responsibility for any file that is not the property of Astex. These files are distributed under terms which, as far as Astex is aware, permit them to be included within the terms of this Licence.
a. Astex hereby acknowledges use of a symmetry operator text file from CCP4/ Daresbury Laboratory.
7. DISCLAIMER. Except as expressly set forth in this Agreement, the Software IS PROVIDED "AS IS" AND ASTEX OR THE ORIGINAL AUTHOURS / CONTRIBUTORS MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE SOFTWARE WILL LEAD TO CERTAIN PERFORMANCE OR RESULTS OR 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 NEITHER ASTEX NOR THE ORIGINAL AUTHOURS / CONTRIBUTORS SHALL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY LOSS OF PROFITS OR LOST SAVINGS, EVEN IF ASTEX OR AN ORIGINAL AUTHOUR / CONTRIBUTOR HAS BEEN ADVISED OF SUCH DAMAGES, OR 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. The provisions of this section 7 shall survive termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
8. No Maintenance. Neither Astex or the original authors or contributors are under any obligation to maintain the Software or to respond to requests for information from the Licensee.
9. Future Versions. The provision of any version of the Software under the terms and conditions specified herein does not imply or guarantee that future versions will be made available in any case or that future versions will be made available under the same terms and conditions.
10. Acknowledgement. For any publication arising from use of the Software a reference to Astex should be given as:
a. Michael J. Hartshorn, "AstexViewer™: A visualisation aid for structure-based drug design", Journal of Computer Aided Molecular Design 16 (12), 871-881 (2002).
11. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice any statutory rights of any party as a consumer. This Agreement may only be modified by a writing signed by an authorised officer of Astex. This is the entire Agreement between Astex and Licensee relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12. Governing Law. This Agreement will be governed by and construed in accordance with the laws of England and each party submits to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or relating to this Agreement.
I HAVE READ THE ASTEXVIEWER™ SOFTWARE LICENCE AND BY CLICKING ON "ACCEPT" I AM INDICATING THAT I AGREE TO UPHOLD THE TERMS AND CONDITIONS OF THIS LICENCE: