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12 March 2010

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Registering for the DL_MESO Package

DL_MESO Software (Academic Use)

To obtain the current version of DL_MESO you must complete an online registration form which is accessed below. The software is provided under the terms of a licence which may be viewed on this page. You are advised to read the licence before proceeding to registration.

When you complete a Registration Form for the DL_MESO Software and submit it to CCLRC, your institution (in the Registration Form and the Licence Agreement called "the Licensee") is entering into a contract with The Council for the Central Laboratory of the Research Councils ("CCLRC") on the terms set out in the Licence Agreement below.

By submitting the Registration Form to CCLRC, you are confirming that:

the institution whose name appears as the Licensee in the Registration Form agrees to the terms of the Licence Agreement;
you have authority to agree to the terms of the Licence Agreement and to enter into a contract with CCLRC on behalf of that institution;
the DL_MESO Software will be used only for Academic Purposes (as defined in the Licence Agreement);
the information given on the Registration Form is true; and
you agree to your personal data being used for the purpose of managing your institution's licence of the DL_MESO Software, including contacting you to tell you about changes to and error corrections for that software and generally about the software.

Please read the terms of the Licence Agreement carefully. If you do not agree to them, you should not submit the Registration Form.

A contract between the Licensee and CCLRC will come into existence when you click on the SUBMIT button at the end of the Registration Form.

CCLRC is an executive Non-Departmental Public Body established as a Research Council by Royal Charter under the Science and Technology Act 1965. Its address is the Daresbury Laboratory, Keckwick Lane, Warrington, WA4 4AD and its VAT number is GB 618 3673 25.

If you wish to contact CCLRC about the Licence Agreement or the DL_MESO Software, please e-mail w.smith@dl.ac.uk.

LICENCE AGREEMENT

1. DEFINITIONS AND INTERPRETATION

1.1 In this Licence Agreement the following expressions have the
    meanings set opposite:

Academic Purposes      fundamental or basic research or academic
                       teaching, including any fundamental research
                       that is funded by any public or charitable
                       body, but not any purpose that generates
                       revenue (as opposed to grant income) for the
                       Licensee or any third party.  Any research that
                       is wholly or partially sponsored by any profit
                       making organisation or that is carried out for
                       the benefit of any profit-making organisation
                       is not an Academic Purpose;

a Derived Work         any modification of, or enhancement or
                       improvement to, any of the DL_MESO Software and
                       any software or other work developed or derived
                       from any of the DL_MESO Software;

the DL_MESO Software   the release and version of the DL_MESO Software
                       downloaded by the Licensee from the DL_MESO
                       Website immediately after the Licensee agrees
                       to the terms and conditions of this Licence
                       Agreement;

the DL_MESO Website    the website with the URL
                       http://www.ccp5.ac.uk/DL_MESO,
                       and any website that from time to time replaces
                       that website;

a Harmful Element      any virus, worm, time bomb, time lock, drop
                       dead device, trap and access code or anything
                       else that might disrupt, disable, harm or
                       impede the operation of any information system,
                       or that might corrupt, damage, destroy or
                       render inaccessible any software, data or file
                       on, or that may allow any unauthorised person
                       to gain access to, any information system or
                       any software, data or file on it;

Intellectual Property  patents, trade marks, service marks,
                       registered designs, copyrights, database
                       rights, design rights, know-how, confidential
                       information, applications for any of the above,
                       and any similar right recognised from time to
                       time in any jurisdiction, together with all
                       rights of action in relation to the
                       infringement of any of the above;

the Licence Period     the period beginning when the Licensee
                       agrees to the terms and conditions of this
                       Licence Agreement and downloads the DL_MESO
                       Software from the DL_MESO Website and ending on
                       the termination of this Licence Agreement under
                       clause 5.2.

2. LICENCE

2.1 CCLRC grants the Licensee an indefinite, non-exclusive,
    non-transferable, royalty free licence to use, copy, modify, and
    enhance the DL_MESO Software during the Licence Period on the
    terms and conditions of this Licence Agreement provided that:

2.1.1 the Licensee may not distribute any of the DL_MESO Software
          or any Derived Work to any third party, or share their use
          with any third party (whether free of charge or otherwise),
          and the Licensee may not sub-license the use of any of the
          DL_MESO Software to any third party unless, in each case,
          that third party has complied with clause 2.3 below;

2.1.2 the Licensee may not use the DL_MESO Software on behalf of,
          or for the benefit of, any third party (including, without
          limitation, using it to provide bureau, outsourcing or
          application services or facilities management services)
          party unless that third party has complied with clause 2.3
          below; and

2.1.3 the DL_MESO Software and any Derived Work may be used by the
          Licensee and its employees and registered students for
          Academic Purposes only.

2.2 If the Licensee wishes to use the DL_MESO Software or any Derived
    Work in any way except for Academic Purposes, or wishes to
    distribute or make the DL_MESO Software or any Derived Work
    available to any third party for non-Academic Purposes, it must
    obtain a commercial licence from CCLRC.  CCLRC may refuse to grant
    the Licensee a commercial licence.  If CCLRC agrees to grant a
    commercial licence, that licence will be on such terms and
    conditions as CCLRC sees fit.

2.3 If the Licensee wishes to carry out any collaboration for Academic
    Purposes with any third party and that third party needs to use
    the DL_MESO Software in connection with that collaboration, or if
    the Licensee wishes to make the DL_MESO Software available online
    to any third party for Academic Purposes, the Licensee must direct
    that third party to the DL_MESO Website.  That third party may use
    the DL_MESO Software and any Derived Work (whether obtained from
    CCLRC or from the Licensee) only if it has completed the
    registration process on the DL_MESO Website and agreed to the
    terms and conditions of the Licence Agreement for the use of the
    DL_MESO Software for Academic Purposes that then appear on the
    DL_MESO Website.

2.4 This Licence Agreement allows the Licensee to use only the release
    or version of the DL_MESO Software downloaded by the Licensee from
    the DL_MESO Website immediately after the Licensee agrees to the
    terms and conditions of this Licence Agreement; the Licensee must
    acquire a new licence for any future release or version of the
    DL_MESO Software that it wishes to use.

2.5 The Licensee will not tamper with, or remove, any copyright or
    other proprietary notice or any disclaimer that appears on or in
    any part of the DL_MESO Software, and will reproduce the same in
    all copies of any of the DL_MESO Software and in all Derived
    Works.

3. WARRANTIES AND LIABILITY

3.1 The DL_MESO Software is provided for Academic Purposes free of
    charge.  Therefore CCLRC gives no warranty and makes no
    representation in relation to the DL_MESO Software or any
    assistance or advice that CCLRC may give in connection with the
    DL_MESO Software.  The Licensee will indemnify CCLRC against any
    and all claims arising as a result of the Licensee having made any
    of the DL_MESO Software or any Derived Work available to any third
    party.

3.2 Before using any of the DL_MESO Software, the Licensee will check
    that the DL_MESO Software does not contain any Harmful Element.
    CCLRC does not warrant that the DL_MESO Software will run without
    interruption or be error free, or be free from any Harmful
    Element.  CCLRC is not obliged to provide any support or error
    correction service, assistance or advice in relation to the
    DL_MESO Software, but the Licensee may access any error
    corrections and online assistance that CCLRC chooses to make
    available on the DL_MESO Website from time to time.  If CCLRC does
    provide that sort of service, assistance or advice, subject to
    clause 3.7, CCLRC will not be liable for any loss or damage
    suffered by the Licensee as a result.

3.3 CCLRC will not be liable to the Licensee to the extent that any
    loss or damage is caused: by the Licensee's failure to implement,
    or the Licensee's delay in implementing, any correction or advice
    in relation to the DL_MESO Software that CCLRC has made available
    on the DL_MESO Website; or by the Licensee's failure to acquire a
    licence of and to implement any new release or version of the
    DL_MESO Software that would have remedied or mitigated the effects
    of any error, defect, bug or deficiency in the DL_MESO Software.

3.4 The Licensee acknowledges that proper use of the DL_MESO Software
    and any Derived Work is dependent on the Licensee, its employees
    and students exercising proper skill and care in inputting data
    and interpreting the output provided by the DL_MESO Software or
    that Derived Work.  CCLRC will not be liable for the consequences
    of decisions taken by the Licensee or any other person on the
    basis of that output.  CCLRC does not accept any responsibility
    for any use which may be made by the Licensee of that output, nor
    for any reliance which may be placed on that output, nor for
    advice or information given in connection with that output.

3.5 Subject to clause 3.7, CCLRC's liability or any breach of this
    Licence Agreement, any negligence or arising in any other way out
    of the subject matter of this Licence Agreement or the use of the
    DL_MESO Software, will not extend to any incidental or
    consequential damages or losses, or any loss of profits, loss of
    revenue, loss of data, loss of contracts or opportunity, whether
    direct or indirect, even if the Licensee has advised CCLRC of the
    possibility of those losses arising or if they were or are within
    CCLRC's contemplation.

3.6 Subject  to clause 3.7, the  aggregate liability of  CCLRC for any
    and  all breaches  of this  Licence Agreement,  any  negligence or
    arising in any other way out of the subject matter of this Licence
    Agreement or  the use of the  DL_MESO Software will  not exceed in
    total £5000.

3.7 Nothing in this Licence Agreement limits or excludes CCLRC's
    liability for death or personal injury caused by its negligence or
    for any fraud, or for any sort of liability that, by law, cannot
    be limited or excluded.

3.8 The express undertakings and given by CCLRC in this Licence
    Agreement and the terms of this Licence Agreement are in lieu of
    all warranties, conditions, terms, undertakings and obligations on
    the part of CCLRC, whether express or implied by statute, common
    law, custom, trade usage, course of dealing or in any other way.
    All of these are excluded to the fullest extent permitted by law.

4. INTELLECTUAL PROPERTY RIGHTS AND ACKNOWLEDGEMENTS

4.1 Nothing in this Licence Agreement assigns or transfers any
    Intellectual Property Rights in any of the DL_MESO Software.
    Those rights are reserved to CCLRC.

4.2 The Licensee will ensure that, if any of its employees or students
    publishes any article or other material resulting from, or
    relating to, a project or work undertaken with the assistance of
    any part of the DL_MESO Software, that publication will contain
    the following acknowledgement:

"DL_MESO is a mesoscale simulation package written by R. Qin
    and has been obtained from CCLRC’s Daresbury Laboratory via
    the website http://www.ccp5.ac.uk/DL_MESO".

5.  TERMINATION

5.1 This Licence Agreement will take effect and the Licence Period
    will start when the Licensee has agreed to the terms and
    conditions of this Licence Agreement and downloaded the DL_MESO
    Software from the DL_MESO Website.

5.2 This Licence Agreement will terminate immediately and
    automatically if:

5.2.1 the Licensee is in breach of this Licence Agreement; or

5.2.2 the Licensee becomes insolvent, or if an order is made or a
          resolution is passed for its winding up (except voluntarily
          for the purpose of solvent amalgamation or reconstruction),
          or if an administrator, administrative receiver or receiver
          is appointed over the whole or any part of its assets, or if
          it makes any arrangement with its creditors.

5.3 The Licensee's right to use the DL_MESO Software will cease
    immediately on the termination of this Licence Agreement, and the
    Licensee will destroy all copies of the DL_MESO Software that it
    or any of its employees or students then holds.

5.4 Clauses 1, 2.2, 3, 4, 5.3, 5.4, 5.5 and 6 will survive the expiry
    of the Licence Period and the termination of this Licence
    Agreement, and will continue indefinitely.

5.5 CCLRC may stop providing any assistance or advice in relation to,
    or any corrections, new releases or versions of the DL_MESO, and
    may stop updating or publishing the DL_MESO Website at any time.

6. GENERAL

6.1 Headings: The headings in this Licence Agreement are for ease of
    reference only; they do not affect its construction or
    interpretation.

6.2 Assignment etc: The Licensee may not assign or transfer this
    Licence Agreement as a whole, or any of its rights or obligations
    under it, without first obtaining the written consent of CCLRC.

6.3 Illegal/unenforceable provisions: If the whole or any part of any
    provision of this Licence Agreement is void or unenforceable in
    any jurisdiction, the other provisions of this Licence Agreement,
    and the rest of the void or unenforceable provision, will continue
    in force in that jurisdiction, and the validity and enforceability
    of that provision in any other jurisdiction will not be affected.

6.4 Waiver of rights: If CCLRC fails to enforce, or delays in
    enforcing, an obligation of the Licensee, or fails to exercise, or
    delays in exercising, a right under this Licence Agreement, that
    failure or delay will not affect its right to enforce that
    obligation or constitute a waiver of that right.  Any waiver by
    CCLRC of any provision of this Licence Agreement will not, unless
    expressly stated to the contrary, constitute a waiver of that
    provision on a future occasion.

6.5 Entire agreement: This Licence Agreement constitutes the entire
    agreement between the parties relating to its subject matter.  The
    Licensee acknowledges that it has not entered into this Licence
    Agreement on the basis of any warranty, representation, statement,
    agreement or undertaking except those expressly set out in this
    Licence Agreement.  The Licensee waives any claim for breach of,
    or any right to rescind this Licence Agreement in respect of, any
    representation which is not an express provision of this Licence
    Agreement.  However, this clause does not exclude any liability
    which CCLRC may have to the Licensee (or any right which the
    Licensee may have to rescind this Licence Agreement) in respect of
    any fraudulent misrepresentation or fraudulent concealment before
    the signing of this Licence Agreement.

6.6 Amendments: No variation of, or amendment to, this Licence
    Agreement will be effective unless it is made in writing and
    signed by each party's representative.

6.7 Third parties: No one who is not a party to this Licence Agreement
    has any right to prevent the amendment of this Licence Agreement
    or its termination, and no one except a party to this Licence
    Agreement may enforce any benefit conferred by this Licence
    Agreement, unless this Licence Agreement expressly provides
    otherwise.

6.8 Governing law: This Licence Agreement is governed
    by, and is to be construed in accordance with, English law.  The
    English Courts will have exclusive jurisdiction to deal with any
    dispute which has arisen or may arise out of or in connection with
    this Licence Agreement, except that CCLRC may bring proceedings
    against the Licensee or for an injunction in any jurisdiction.

Note:After registration you will sent information on downloading the DL_MESO package by e-mail, so it is important to provide a correct e-mail address on registration.

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