| HSL Archive |
| Terms and Conditions for the HSL ARCHIVE |
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AGREEMENT: Acceptance of this Agreement by Science and Technology Facilities Council ("STFC") constitutes a licence agreement made in England (and subject to the laws of England and to the sole jurisdiction of the Courts of England) between the Licensee and the Science and Technology Facilities Council's Rutherford Appleton Laboratory, Chilton, Oxfordshire OX11 0QX, United Kingdom. No modification expressed to be an amendment to this Agreement shall have any effect unless made in writing and signed by one authorised person from each party hereto.
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DEFINITIONS: "Library" means the HSL Archive as detailed in the Library catalogue dated January 2002. "Package" means collectively any named subroutine from the Library together with any other subroutine(s) called by it. "Software" means: (a) those computer files of the Library (and associated documentation therefor) which are supplied to the Licensee under the provisions of this Agreement and; (b) all computer files which contain copies whether in whole or in part of any code that has originated by any means from any of the said computer files supplied and; (c) all documentation which contains copies whether in whole or in part of any text that has originated by any means from any of the said associated documentation and; (d) any alteration or addition made to the said computer files supplied and/or said associated documentation for the purposes of extending the capabilities or enhancing the performance of the said computer files supplied, whether made by or on behalf of the Licensee or anyone else insofar as such alteration or addition does not infringe the rights of any third party.
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The Packages must not be copied by the Licensee for use by any other persons. All information on the Packages is provided to the Licensee on the understanding that the details thereof are confidential.
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All publications issued by the Licensee that include results obtained with the help of one or more of the Packages shall acknowledge the use of the Packages. The Licensee will notify the Numerical Analysis Group at Rutherford Appleton Laboratory of any such publication.
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The Packages may be modified by or on behalf of the Licensee for such use in applications but at no time shall such Packages or modifications thereof become the property of the Licensee. The Licensee shall make available free of charge to STFC and STFC may use (and authorise others to use) for any purpose, all information relating to any modification.
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NO LIABILITY: STFC does not make any representations regarding the use, or the results of use, of the Software. The Software is provided "as is" without any warranty of any kind either expressed or implied. The entire risk as to the results and performance of the Software is assumed by Licensee. STFC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED TERM, CONDITION, REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL STFC, ASPENTECH UK LIMITED, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR ANY BREACH OF LICENSORS OBLIGATIONS OR TERMS, CONDITIONS OR WARRANTIES, EXPRESSED OR IMPLIED, IN, OR RESULTING FROM, THIS LICENCE OR THIS AGREEMENT.
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TERMINATION: This Licence and this Agreement will terminate immediately: (a) upon mutual agreement of both parties; (b) at the Licensor's option if the Licensee becomes insolvent or bankrupt or if the Licensee fails to comply with any material provision of this Licence. Upon any termination, the Licensee shall cease to use the Software, render unusable all copies of it, and deliver to the Licensor a certificate (the "Certificate") that there are no other copies of the Software within the Licensee's control or possession. If the Licensee fails to return the Certificate and render the Software unusable within 10 days of the Licensor's notice, the Licensee shall pay the then current commercial licence fee for each outstanding copy of the Software.
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Unless otherwise agreed to in writing, STFC shall not supply the Licensee with updates or training in the use of the Software or any other maintenance or support.
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SUPPLY OF ANY PART OF THE LIBRARY BY THE LICENSEE TO A THIRD PARTY (INCLUDING AS PART OF ANOTHER SOFTWARE PACKAGE) REQUIRES THE SEPARATE PRIOR WRITTEN AGREEMENT OF THE SCIENCE AND TECHNOLOGY FACILITIES COUNCIL, RUTHERFORD APPLETON LABORATORY, CHILTON, OXFORDSHIRE OX11 0QX, UNITED KINGDOM WHICH MAY INCLUDE FINANCIAL CONDITIONS.
