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LICENSE
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LICENSE
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Academic Non-commercial Software License Agreement
The Licensed Software is developed by and on behalf of the VIB-UGent Center
for Plant Systems Biology and is owned by VIB vzw, located at Rijvisschestraat
120, B-9052 Zwijnaarde, Belgium (hereinafter referred to as "VIB"). By
downloading or installing the Licensed Software, the user agrees with the terms
and conditions below.
Definitions
“Licensed Software” shall mean ‘MINI-EX’ as available on GitHub.
"Effective Date" shall mean the date on which you download or install MINI-EX
(as available on GitHub) on your system and which provides you access to the
MINI-EX tool.
“Commercial Purposes” shall include (1) the use of Licensed Software to provide
a service, information or data that is directly or indirectly conveyed to any
third party against compensation, (2) any type of transfer of the Licensed
Software for compensation, and (3) any other use of Licensed Software that
supports commercial entities.
License
1. Licensed Software is the work of the Vandepoele lab. The copyright in
Licensed Software is owned by VIB.
2. Subject to the terms and conditions of this Agreement, VIB hereby grants
and the user accepts a non-exclusive, non-transferable license to use the
Licensed Software for academic research use only, on your own behalf or on
behalf of your institution, and not for Commercial Purposes.
3. The user confirms to be an academic user. For academic users, there is
no license fee.
4. In case the user wants to use the License Software for Commercial
Purposes, they shall contact VIB ([email protected]) to
discuss the terms, conditions and fees of a license for Commercial
Purposes.
5. The user shall acknowledge VIB as the provider of Licensed Software
and shall include the following reference “Ferrari C, Manosalva Pérez N,
Vandepoele K. MINI-EX: Integrative inference of single-cell gene
regulatory networks in plants. Mol Plant. 2022 Nov 7;15(11):1807-1824.
doi: 10.1016/j.molp.2022.10.016. Epub 2022 Oct 27. PMID: 36307979.”
in any manuscript describing data obtained using Licensed Software.
6. This license does not entitle the user to receive from VIB hard-copy
documentation, technical support, telephone assistance, or enhancements or
updates to the Licensed Software, and nothing contained herein shall be
interpreted as to require VIB, its faculty, employees or students to
provide maintenance, installation services, debugging, consultation or
end-user support of any kind.
7. The title and copyright to Licensed Software and any associated programs
and documentation shall remain with VIB. The user agrees to preserve the same.
8. The user shall not market or otherwise benefit commercially from any
product utilizing any portion of Licensed Software, nor any derivative works
of Licensed Software, without first entering into a separate commercial
license with VIB.
9. The user shall grant to VIB a non-exclusive, non-transferable license
to use the Licensed Software any derivative works of the Licensed Software
for academic research use only
10. The user acknowledges that the Licensed Software is proprietary to VIB.
11. The user acknowledges that Licensed Software is a research tool and
provided free of charge, it is only provided “as is”. VIB makes no
representations or warranties of any type whatsoever, express or implied,
regarding the Licensed Software. VIB expressly disclaims all
representations and warranties regarding the Licensed Software, including
but not limited to any representations or warranties of merchantability or
fitness for any particular application or that the use of the Licensed
Software will not infringe any patents, copyrights or trademarks or other
rights of third parties, or any warranty that the rights and licenses granted
hereunder comprise all the rights and licenses necessary or desirable to use
the Licensed Software for internal non-commercial research purposes as
permitted by this Agreement. The entire risk as to the quality and
performance of the Licensed Software is borne by the user.
12. VIB shall not be responsible for losses of any kind resulting from the
use of Licensed Software, and can in no way provide compensation for any
losses sustained, including but not limited to, any obligation, liability,
right, claim or remedy for tort, or for any actual or alleged infringement
of patents, copyrights, trade secrets, or similar rights of third parties,
nor any business expense, machine downtime or damages caused by any
deficiency, defect or error in Licensed Software or mal-function thereof,
nor any incidental or consequential damages, however caused.
13. The user will indemnify, defend and hold harmless VIB, its directors,
officers, employees and agents from and against all liability, losses,
damages and expenses (including attorney’s fees and costs) arising out of
any claims, demands, actions or other proceedings made or instituted by
any third party against any of them and arising out of or relating to any
breach of this Agreement by the user, or any use of the Licensed Software
by the user, except insofar as such claims or liability result from VIB’s
gross negligence or willful misconduct.
14. This Agreement and the license rights granted herein shall become
effective as of the date the user downloaded the Licensed Software and shall
continue in full force until the user stops using the Licensed Software,
unless terminated in accordance with this Section. Upon one party's breach
of any agreement, covenant, or representation made in this Agreement, the
agreement will automatically end thirty (30) days after such breach. Either
party shall have the right, at any time, to terminate this Agreement without
cause by written notice to the other party specifying the date of termination.
Upon termination, the user shall destroy all full and partial copies of the
Licensed Software. The user shall forward written notice to VIB that all
programs containing Licensed Software have been deleted from all computer
libraries and storage or memory devices and are no longer stored therein.
15. This Agreement shall be construed in accordance with the laws of Belgium.
The courts of Belgium shall have exclusive jurisdiction.
16. The parties agree that this Agreement is the complete and exclusive
agreement among the parties and supersedes all proposals and prior
agreements whether written or oral, and all other communications among the
parties relating to the subject matter of this Agreement. This Agreement
cannot be modified except in writing and signed by both parties. Failure by
either party at any time to enforce any of the provisions of this Agreement
shall not constitute a waiver by such party of such provision nor in any
way affect the validity of this Agreement.
17. The invalidity of singular provisions does not affect the validity of
the entire understanding. The parties are obligated, however, to replace the
invalid provisions by a regulation, which comes closest to the economic intent
of the invalid provision. The same shall apply mutatis mutandis in case of a
gap.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.