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CPMD Licence

This is the CPMD free License

Early Release Software Program License Agreement For CPMD Version 4.1

 

  1. Definitions

    The term "Program" means the Car Parrinello Molecular Dynamics Version 4.1 (or previous) program furnished to you by IBM under this Agreement, and all whole or partial copies of it, in source and/or object code form. A program consists of machine-readable instructions, its components, data, audiovisual content (such as images, text, recordings, or pictures), and any related documentation.

    The term "Feedback" means Improvements and any ideas, concepts, know-how, techniques, and data pertaining to the Program and Improvements disclosed by you to IBM.

    The term "Improvements" means any literary works or other works of authorship in any form (such as programs, program listings, programming tools, documentation, reports, drawings, test scenarios, and results) which are created by you and which are derivative works of the Program.

    The term "Early Release" means that the Program is not formally released or generally available. The term does not imply that the Program will be formally released or made generally available. IBM does not guarantee that any program formally released or made generally available will be similar to, or compatible with, Early Release versions.

  2. Term and Termination

    The term of your license will begin on the date you accept this Agreement and expire 10 years later unless terminated earlier. 
    You may terminate your license to the Program early by written notice to IBM.

    IBM may immediately terminate your license if you fail to comply with the terms of this Agreement. 
    If your license is terminated, you must return to IBM or destroy all copies of the Program in your possession and notify IBM in writing that you have done so.
    IBM may withdraw or change the Program at any time.

  3. License Grant

    Subject to the terms and conditions of this Agreement, IBM grants YOU a non-exclusive, worldwide, revocable, and nontransferable, license to use the Program only for internal non-commercial research purposes within an educational institution ; to make and install a reasonable number of copies of the Program in support of such use, unless IBM identifies a specific number of copies in documentation accompanying the Program; to make derivative works from the Program; and, to do any of the foregoing with respect to any Improvements.

    You must reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Program.

    You may publish experimental results obtained by execution of the Program, provided that no part of the Program is thereby disclosed. Any such publication must include the following reference to the Program: 

    "CPMD V4.1 Copyright IBM Corp 1990-2016, Copyright MPI fuer Festkoerperforschung Stuttgart 1997-2001".

    You will maintain a record of all copies made of the Program and ensure that anyone who uses the Program does so only for your authorized use and in compliance with the terms of this Agreement.

    You may not: use, copy, modify, or distribute the Program except as provided in this Agreement; sublicense, rent, or lease the Program; make the Program or any part of it available in any form whatsoever to a third party; or, use the Program in any collaboration with a commercial entity.

  4. Improvements

    You will own the Improvements subject to IBM's copyright interests in the underlying Program. Your right to use, execute, display, reproduce, perform, copy, distribute, and prepare derivative works from any Improvements is subject to your license to the Program, except that you retain the right to use any part of the Improvements which are original to you.

  5. Feedback

    You grant to IBM the irrevocable and unrestricted right to use and disclose Feedback for any purpose.

    You waive all moral rights subsisting in Feedback.

  6. No Warranty

    IBM licenses the Program to you on an "as is" basis, without warranty of any kind. IBM hereby expressly disclaims all warranties or conditions, either express or implied, including, but not limited to, THE WARRANTY OF NON-INFRINGEMENT and the implied warranties or conditions of merchantability and fitness for a particular purpose. You are solely responsible for determining the appropriateness of using this Program and assume all risks associated with the use of this Program, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

  7. Limitations of liability

    IBM will not be liable for any direct damages or for any special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if IBM has been advised of the possibility of such damages. IBM will not be liable for the loss of, or damage to, your records or data, or any damages claimed by you based on a third party claim.

  8. General

    Except as explicitly provided herein, this Agreement does not grant you any licenses from IBM, either directly or indirectly, by implication, estoppel or otherwise, under any patent, copyright or other intellectual property right of IBM.

    You may not export the Program and you will have to comply with all applicable export and import Laws and associated embargo and economic sanction regulations, including those of the United States, that prohibit or restrict the export, re-export, or transfer of Products, technology, Services or data, directly or indirectly, to certain countries, or for certain end uses or end users.

    This Agreement does not create a joint venture, partnership, employment relationship or other agency relationship between you and IBM.

    All terms and conditions, which by their nature should survive the termination of this Agreement, shall survive. If any provision of this Agreement is declared unenforceable at law, in whole or in part, the rest of the provisions of the Agreement shall remain in effect.

    You may not assign, or otherwise transfer, your rights or delegate your duties or obligations under this Agreement without prior written consent of IBM. Any attempt to do so is void.

    This Agreement is governed by the laws of the State of New York. Any proceedings to resolve disputes relating to this Agreement will be brought in New York if there is jurisdiction. The right to trial by jury in any matter which arises under this Agreement is expressly waived.

    This Agreement is the complete agreement regarding the use of the Program, and replaces any prior oral or written communications between you and IBM.

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