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02 September 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 STFC, your institution (in the Registration Form and the Licence Agreement called "the Licensee") is entering into a contract with The Science and Technology Facilities Council ("STFC") on the terms set out in the Licence Agreement below.

By submitting the Registration Form to STFC, 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 STFC 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 STFC will come into existence when you click on the SUBMIT button at the end of the Registration Form.

STFC 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 STFC about the Licence Agreement or the DL_MESO Software, please e-mail michael.seaton@stfc.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 STFC 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 STFC.  STFC may refuse to grant
    the Licensee a commercial licence.  If STFC agrees to grant a
    commercial licence, that licence will be on such terms and
    conditions as STFC 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 STFC 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 STFC gives no warranty and makes no
    representation in relation to the DL_MESO Software or any
    assistance or advice that STFC may give in connection with the
    DL_MESO Software.  The Licensee will indemnify STFC 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.
    STFC does not warrant that the DL_MESO Software will run without
    interruption or be error free, or be free from any Harmful
    Element.  STFC 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 STFC chooses to make
    available on the DL_MESO Website from time to time.  If STFC does
    provide that sort of service, assistance or advice, subject to
    clause 3.7, STFC will not be liable for any loss or damage
    suffered by the Licensee as a result.

3.3 STFC 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 STFC 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.  STFC will not be liable for the consequences
    of decisions taken by the Licensee or any other person on the
    basis of that output.  STFC 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, STFC'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 STFC of the
    possibility of those losses arising or if they were or are within
    STFC's contemplation.

3.6 Subject to clause 3.7, the aggregate liability of STFC 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 STFC'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 STFC 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 STFC, 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 STFC.

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,
    W. Smith and M. A. Seaton and has been obtained from STFC'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 STFC 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 STFC.

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 STFC 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
    STFC 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 STFC 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 STFC 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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