New license for sci-biology/abyss

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+ABySS
+Copyright 2009 Genome Sciences Centre
+All rights reserved.
+
+Abyss SOFTWARE LICENSE AGREEMENT (ACADEMIC USE)
+CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. This License
+Agreement (the "Agreement") is a legal contract between you, your
+employer, educational institution or organization (collectively, "You")
+and the British Columbia Cancer Agency ("BCCA") with respect to the
+license of ABySS, including all associated
+documentation (collectively, the "Product"). 
+
+BCCA is willing to license the Product to You only if You accept the
+terms and conditions of this Agreement. By clicking on the "I ACCEPT"
+button, or by copying, downloading, accessing or otherwise using the
+Product, You automatically agree to be bound by the terms of this
+Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS
+AGREEMENT, DO NOT COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THE
+PRODUCT. 
+
+1. AUTHORITY: In the event that You are an educational institution or
+   organization, Your representative who is clicking the "I ACCEPT"
+   button, or otherwise copying, downloading, accessing or using the
+   Product hereby, in their personal capacity, represents and warrants
+   that they possess the legal authority to enter into this Agreement
+   on Your behalf and to bind You to the terms of this Agreement. 
+
+2. LICENSE TO USE: BCCA hereby grants to You a personal,
+   non-exclusive, non-transferable, limited license to use the Product
+   solely for internal, non-commercial use for non-profit research or
+   educational purposes only on the terms and conditions contained in
+   this Agreement. The Product may be installed on a maximum of one
+   machine per Qualified User at Your premises only. A copy of the
+   Product installed on a single common machine may be shared for
+   internal use by Qualified Users only. In order to be a "Qualified
+   User", an individual must be a student, researcher, professor,
+   instructor or staff member of a non-profit educational institution
+   or organization who uses the Product solely for non-profit research
+   or educational purposes. 
+
+3. RESTRICTIONS: You acknowledge and agree that You shall not, and
+shall not authorize any third party to: 
+(a) make copies of the Product, except as provided in Section 2 and
+except for a single backup copy, and any such copy together with the
+original must be kept in Your possession or control; 
+(b) modify, adapt, decompile, disassemble, translate into another
+computer language, create derivative works of, or otherwise reverse
+engineer the Product, or disclose any trade secrets relating to the
+Product, except as permitted in Section 5; 
+(c) license, sublicense, distribute, sell, lease, transfer, assign,
+trade, rent or publish the Product or any part thereof and/or copies
+thereof, to any third party; 
+(d) use the Product to process any data other than Your own; 
+(e) use the Product or any part thereof for any commercial or
+for-profit purpose or any other purpose other than as permitted in
+Section 2; or 
+(f) use, without its express permission, the name of BCCA. 
+
+4. INTELLECTUAL PROPERTY RIGHTS: Subject to Section 5 below, all
+   patents, copyrights, trade secrets, service marks, trademarks and
+   other proprietary rights in or related to the Product and any
+   improvements, modifications and enhancements thereof are and will
+   remain the exclusive property of BCCA or its licensors. You agree
+   that You will not, either during or after the termination of this
+   Agreement, contest or challenge the title to or the intellectual
+   property rights of BCCA or its licensors in the Product or any
+   portion thereof. 
+
+5. OWNERSHIP OF IMPROVEMENTS: In the event that the Product, in the
+   form provided to You, includes source code (the "Source Code"),
+   You are entitled to make improvements, modifications and
+   enhancements to the Source Code (collectively, "Improvements")
+   which Improvements are to be used by You for non-profit research
+   and educational purposes only and You shall be the owner of those
+   Improvements that You directly make and of all intellectual
+   property rights to such Improvements, subject to the foregoing
+   limits on Your use and distribution of such Improvements. You
+   hereby grant to BCCA a perpetual, non-exclusive, worldwide,
+   fully-paid, irrevocable license to use such Improvements for any
+   purposes whatsoever, and to sublicense such Improvements including
+   the right for third parties to sublicense the same, in perpetuity
+   to the extent such rights are not limited in duration under
+   applicable law, without identifying or seeking Your
+   consent. Notwithstanding the foregoing, You acknowledge that BCCA
+   and its licensors will retain or own all rights in and to any
+   pre-existing code or other technology, content and data that may be
+   incorporated in the Improvements. For greater certainty, this
+   Section applies solely to the Source Code and shall not give You
+   any rights with respect to the object code or any other portion or
+   format of the Product which use, for greater certainty, is limited
+   as set forth in this Agreement including as set out in Section 3(b)
+   above. You acknowledge and agree that you will provide copies of
+   Improvements to BCCA in such format as reasonably requested by BCCA
+   at any time upon the request of BCCA. 
+
+6. CONFIDENTIALITY: You acknowledge that the Product is and
+   incorporates confidential and proprietary information developed,
+   acquired by or licensed to BCCA. You will take all reasonable
+   precautions necessary to safeguard the confidentiality of the
+   Product, and will not disclose any information about the Product to
+   any other person without BCCA¡Çs prior written consent. You will
+   not allow the removal or defacement of any confidential or
+   proprietary notice placed on the Product. You acknowledge that any
+   breach of this Section 6 will cause irreparable harm to BCCA and
+   its licensors. 
+
+7. NO WARRANTIES: THIS PRODUCT IS PROVIDED TO YOU BY BCCA IN ORDER TO
+ALLOW YOU TO OBTAIN ACCESS TO LEADING ACADEMIC RESEARCH. THE PRODUCT
+IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY
+KIND. NO WARRANTY, REPRESENTATION OR CONDITION EITHER EXPRESS OR
+IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR
+CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE,
+DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE SHALL
+APPLY. BCCA DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ON A
+CONTINUOUS OR TROUBLE FREE BASIS. 
+
+8. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY
+APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BCCA TO
+YOU EXCEED THE AMOUNT YOU HAVE PAID TO ACQUIRE THE PRODUCT ("MAXIMUM
+AMOUNT") AND WHERE YOU HAVE NOT PAID ANY AMOUNT FOR THE PRODUCT THEN
+THE MAXIMUM AMOUNT SHALL BE DEEMED TO BE CDN$100.00. IN NO EVENT SHALL
+BCCA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
+DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS OR
+SAVINGS, REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE
+POSSIBILITY OF SUCH DAMAGE. EXCEPT TO THE EXTENT THAT THE LAWS OF A
+COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE
+LIMITATIONS, EXCLUSIONS AND DISCLAIMERS, THESE LIMITATIONS, EXCLUSIONS
+AND DISCLAIMERS SHALL APPLY WHETHER AN ACTION, CLAIM OR DEMAND ARISES
+FROM A BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT,
+NEGLIGENCE, STRICT LIABILITY OR ANY OTHER KIND OF CIVIL OR STATUTORY
+LIABILITY CONNECTED WITH OR ARISING FROM THIS AGREEMENT. YOU AGREE
+THAT THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF
+LIABILITY ARE FAIR IN LIGHT OF THE NATURE OF THE RIGHTS GRANTED HEREIN
+AND THE AMOUNT OF FEES PAID BY YOU IN RESPECT OF THE PRODUCT. 
+
+9. INDEMNITY: You will indemnify, defend and hold harmless BCCA, its
+   board of directors, staff and agents from and against any and all
+   liability, loss, damage, action, claim or expense (including
+   attorney¡Çs fees and costs at trial and appellate levels) in
+   connection with any claim, suit, action, demand or judgement
+   (collectively, "Claim") arising out of, connected with, resulting
+   from, or sustained as a result of Your use of the Product or the
+   downloading of the Product, including without limitation, any Claim
+   relating to infringement of BCCA¡Çs intellectual property rights or
+   the intellectual property rights of any third party. 
+
+10. SUPPORT AND MAINTENANCE: You acknowledge and agree that, unless
+    and to the extent expressly agreed by BCCA in a separate written
+    document, the Product is provided to You without any support or
+    maintenance from BCCA and, for greater certainty, BCCA shall have
+    no obligation to issue any update or upgrade to any Product. 
+
+11. TERM: This Agreement is effective until terminated. You may
+    terminate this Agreement at any time by ceasing use of the Product
+    and destroying or deleting any copies of the Product. This
+    Agreement will terminate immediately without notice from BCCA if
+    You fail to comply with any provision of this Agreement. BCCA may
+    terminate this Agreement at any time upon notice to you where BCCA
+    determines, in its sole discretion, that any continued use of the
+    Product could infringe the rights of any third parties. Upon
+    termination of this Agreement, and in any event upon BCCA
+    delivering You notice of termination, You shall immediately purge
+    all Products from Your computer system(s), return to BCCA all
+    copies of the Product that are in Your possession or control, and
+    cease any further development of any Improvements. On any
+    termination of this Agreement Sections 1, 4, 6, 7, 8, 9, 13 and 14
+    shall survive such termination. 
+
+12. GOVERNMENT END USERS: Where any of the Product is used, duplicated
+    or disclosed by or to the United States government or a government
+    contractor or sub contractor, it is provided with RESTRICTED
+    RIGHTS as defined in Title 48 CFR 52.227-19 and is subject to the
+    following: Title 48 CFR 2.101, 52.227-19, 227.7201 through
+    227.7202-4, FAR 52.227-14, and FAR 52.227-19(c)(1-2) and (6/87),
+    and where applicable, the customary software license, as described
+    in Title 48 CFR 227-7202 with respect to commercial software and
+    commercial software documentation including DFAR 252.227-7013,
+    DFAR 252,227-7014, DFAR 252.227-7015 and DFAR 252.7018, all as
+    applicable. 
+
+13. USE OF THE DOWNLOAD SERVICE: You acknowledge and agree that you
+    will be responsible for all costs, charges and taxes (where
+    applicable) arising out of Your use of the Product and the
+    downloading of the Product. You acknowledge that You are
+    responsible for supplying any hardware or software necessary to
+    use the Product pursuant to this Agreement. 
+
+14. GENERAL PROVISIONS:
+(a) This Agreement will be governed by the laws of the Province of
+British Columbia, and the laws of Canada applicable therein, excluding
+any rules of private international law that lead to the application of
+the laws of any other jurisdiction. The United Nations Convention on
+Contracts for the International Sale of Goods (1980) does not apply to
+this Agreement. The courts of the Province of British Columbia shall
+have non-exclusive jurisdiction to hear any matter arising in
+connection with this Agreement. 
+(b) USE OF THE PRODUCT IS PROHIBITED IN ANY JURISDICTION WHICH DOES
+NOT GIVE EFFECT TO THE TERMS OF THIS AGREEMENT. 
+(c) You agree that no joint venture, partnership, employment,
+consulting or agency relationship exists between You and BCCA as a
+result of this Agreement or Your use of the Product. 
+(d) You hereby consent to Your contact information and any other
+personally identifiable information that You provide to us being
+disclosed to and maintained and used by us and our business partners
+for the purposes of (i) managing and developing our respective
+businesses and operations; (ii) marketing products and services to You
+and your staff; and (iii) developing new and enhancing existing
+products. You further agree that we may provide this information to
+other persons as required to satisfy any legal requirements and to any
+person that acquires some or all of the assets of BCCA. Where any of
+the personally identifiable information that You provide to us is in
+respect of individuals other than Yourself (such as Your staff) then
+You represent and warrant to use that You have obtained all necessary
+consents and authorizations from such individuals in order to comply
+with this provision. Please see the BCCA website for further
+information regarding personally identifiable information. 
+(e) This Agreement is the entire Agreement between You and BCCA
+relating to this subject matter. You will not contest the validity of
+this Agreement merely because it is in electronic form. No
+modification of this Agreement will be binding, unless in writing and
+accepted by an authorized representative of each party.  
+(f) The provisions of this Agreement are severable in that if any
+provision in the Agreement is determined to be invalid or
+unenforceable under any controlling body of law, that will not affect
+the validity or enforceability of the remaining provisions of the
+Agreement. 
+(g) You agree to print out or download a copy of this Agreement and
+retain it for Your records. 
+(h) You consent to the use of the English language in this Agreement. 
+(i) You may not assign this Agreement or any of Your rights or
+obligations hereunder without BCCA's prior written consent. BCCA, at
+its sole discretion may assign this Agreement without notice to You.