license.tex

有限元学习研究用源代码(老外的),供科研人员参考

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\def\underscore#1{\hbox to #1{\hrulefill}}

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\centerline{\bf INSTITUT F\"UR ANGEWANDTE ANALYSIS UND STOCHASTIK }
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\centerline{\bf ACADEMIC/RESEARCH LICENSE AGREEMENT}
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THIS LICENSE AGREEMENT is made and entered into the \licenseDay\ day of
\linebreak \licenseMonth, \licenseYear, by and between
Weierstra{\ss}-Institut f\"ur Angewandte  Analysis
\linebreak und Stochastik, Forschungsverbund Berlin e.V.,
\linebreak
Mohrenstra{\ss}e 39, D -- 10117 Berlin, Germany hereinafter called
WIAS and \licenseLicensee,
\ifNonProfit
a degree-granting University or non-profit institution,
\fi
hereinafter called ``LICENSEE''.


WHEREAS, WIAS considers the software and documentation described in
Schedule A (hereinafter called the ``SYSTEM PACKAGE") to be valuable
proprietary information, yet wishes to allow LICENSEES's faculty,
students and employees access to the SYSTEM PACKAGE for academic and
research purposes.


NOW THEREFORE, WIAS grants to LICENSEE a personal, royalty-free,
non-exclusive, nontransferable license to use the SYSTEM PACKAGE
according to the terms and conditions that follow.


1.      {\it Confidentiality and Security}. LICENSEE recognizes and
acknowledges the confidential, proprietary nature of the SYSTEM PACKAGE
and agrees to maintain its confidentiality. LICENSEE agrees to instruct
its faculty, students, researchers, employees or other authorized
persons having access to the SYSTEM PACKAGE not to copy, duplicate or
otherwise disclose the SYSTEM PACKAGE to third parties. LICENSEE
further agrees to effect normal security measures to safeguard the
SYSTEM PACKAGE from theft or from access by persons other than those
persons authorized by LICENSEE to have access to the SYSTEM PACKAGE,
and to notify WIAS promptly and in writing of the circumstances
surrounding any possession, knowledge or use of the SYSTEM PACKAGE, or
any portion thereof, by anyone other than those authorized.


2.      {\it Fee}. LICENSEE agrees to pay to WIAS the distribution fee
specified in Schedule A. The distribution fee is due and payable in
advance.


3.      {\it Maintenance}. LICENSEE acknowledges that the SYSTEM PACKAGE is
being supplied ``as is," without any accompanying support services,
maintenance or future updates from WIAS.


4.      {\it Warranty and Limitation of Liability}. WIAS warrants that it
has the right to grant the License specified hereunder.

	LICENSEE agrees that WIAS shall not be held to any liability
	with respect to any claim by LICENCEE or from any third party
	arising from or on account of the use of the SYSTEM PACKAGE,
	regardless of the form of action, whether in contract or tort,
	including negligence. In no event will WIAS be liable for
	consequential or incidental damages of any nature whatsoever.


 5.     {\it Use}. LICENSEE agrees that it will use the SYSTEM PACKAGE solely
 for internal purposes and shall not distribute or transfer it to any
 person or organization. Internal use shall include use for academic
 and research purposes. Use of the SYSTEM PACKAGE in projects with a
 profit organization needs the explicit permission of WIAS. Nothing
 in this Agreement gives LICENSEE the right to sell, lease, distribute,
 transfer, sub-license, or otherwise dispose of the SYSTEM PACKAGE, in
 whole or in part. For purposes of this Agreement, the term SYSTEM
 PACKAGE includes both the specific software and documentation version
 specified in Schedule A and any future changes, upgrades, and releases
 that may be supplied to LICENSEE by  WIAS.


6.      {\it Errors and Augmentation}. In the event that LICENSEE discovers
any error in the SYSTEM PACKAGE or experiences any malfunction
attributable to the SYSTEM PACKAGE, LICENSEE shall promptly notify
WIAS of such error or malfunction. LICENSEE may augment the SYSTEM
PACKAGE for its own use, may merge such augmented work with other
software, or may incorporate the SYSTEM PACKAGE in other software to
form an updated work; however use of the updated work is constrained by
all of the terms of this Agreement. Any augmented work shall be
promptly disclosed by LICENSEE to WIAS and WIAS shall have the
right to use and the right to negotiate to obtain the distribution
rights for the augmented work. The requirement to disclose augmented
works does not pertain to those specific portions of code containing
confidential, proprietary information belonging to LICENSEE or to a
contracting agency of LICENSEE.


7.      {\it Credits}. All credits in the SYSTEM PACKAGE, both in listings
and/or  documentation, whether names of individuals or organisations,
will be retained in place by the LICENSEE. The LICENSEE will
acknowledge in any published copy or in any other use of the SYSTEM
PACKAGE the authorship or the SYSTEM PACKAGE and the fact that the
SYSTEM PACKAGE was developed by the Licensor.


8.     {\it Termination}. If LICENSEE fails  to actively use the SYSTEM
PACKAGE or fails to fulfill any of its obligations under this
Agreement, WIAS may at its option terminate all rights granted
hereunder. Within thirty (30) days of receiving written notification of
such termination from WIAS or if Agreement is terminated for any
other reasons, LICENSEE shall deliver to WIAS all copies of the
SYSTEM PACKAGE in its possession.


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\begin{tabular}{llcll}
\multicolumn{2}{l}{LICENSEE:}&~~~~~~&\multicolumn{2}{l}{WIAS:}\\
Name&\underscore{6cm} && Name &     \underscore{6cm}\\
Title&\underscore{6cm} && Title  & \underscore{6cm}\\
Date&\underscore{6cm} && Date    &\underscore{6cm}\\
Signature&\underscore{6cm} && Signature &     \underscore{6cm}
\end{tabular}}

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\centerline{SCHEDULE A}
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The licensed software includes the package(s) {\sc \licensePackages},
and any future changes, upgrades, or versions supplied to LICENSEE by
WIAS.

The licensed material includes documentation, manuals, and associated
materials, as well as any future additions or changes, supplied to
LICENSEE by WIAS.

Together they comprise the ``SYSTEM PACKAGE".

The distribution fee for the SYSTEM PACKAGE is \underline{DM~\licenseFee}.
\end{document}