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Use mail to schaft@science.ru.nl for
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CMBI
Dr. Gijs Schaftenaar
schaft@science.ru.nl
The License fees Non-Academic (upto molden7.2) €: 1000 euro
The License fees Non-Academic Starting from molden7.3: 10000 euro
A duly signed copy of the license agreement and an invoice will be returned by mail to licensee.
Authorization to download and use MOLDEN by commercial (non-academic,
for-profit organisations) users is acquired by printing, completing,
signing and sending the below agreement to:
Dr. Gijs Schaftenaar
Theoretical Chemistry
Radboud University of Nijmegen
Heyendaalseweg 135
6525 AJ Nijmegen,
The Netherlands
License fees Non-Academic: 1000 euro
Starting from molden7.3: 10000 euro
A duly signed copy of the license agreement and an invoice will be returned
by mail to licensee.
MOLDEN Software license agreement.
AGREEMENT, effective as of ----
between
Gijs Schaftenaar
and
---- ("Licensee")
WHEREAS Dr. G. Schaftenaar has developed certain computer software and
Licensee desires to use that software,
NOW, THEREFORE, the parties agree as follows:
1. License and Title
a. Subject to the terms and conditions hereinafter set forth,
Gijs Schaftenaar hereby grants a perpetual, nonexclusive and
non-transferable license (the "License") to Licensee to use
the computer software package known as MOLDEN, which is described more
fully in Schedule A hereto (the "Software"). This Agreement shall not
transfer any title or ownership rights in the Software, including
intellectual property rights embodied therein, which shall at all times
remain with Gijs Schaftenaar. The License is granted on the conditions
that the Software will be used solely by Licensee and its departmental
employees in its laboratory located in ("Licensee Department") for
research and/or teaching purposes, and that neither the Software,
its documentation, the related codes and data, or any changes, additions,
modifications, improvements or alterations thereof, whether made by
Gijs Schaftenaar or Licensee, shall knowingly be used by, made available
to, or disclosed to any other person or entity.
b. Licensee may not make any copies of the Software, except for use on
computers owned or leased by Licensee in Licensee Department and one
copy made for archival or back-up purposes.
c. Licensee may not change, modify, prepare derivative works from, add to,
or improve the Software without the Gijs Schaftenaar's prior written
consent. Licensee may not reverse engineer, decompile, disassemble, or
take any other steps to derive a source code equivalent of the Software.
d. If this License is terminated for any reason whatsoever, Licensee will
destroy all copies of the Software, and in either event, certify in
writing that it has done so and has not retained any copies.
e. The Software may be used by Licensee on only one or more computers that
it owns and leases in Licensee Department. Licensee shall provide Gijs
Schaftenaar promptly with the location and identification of such
machines, upon his request.
2. Delivery of Software
a. Within a period of 3 days of the date or this Agreement, Gijs Schaftenaar
shall provide the Licensee with a password giving access to the directory
from which a copy of MOLDEN, more fully described in Schedule A, can be
FTP'ed to the Licensee's computer.
b. It is understood that Gijs Schaftenaar will provide no maintenance or
installation services of any kind hereunder. Gijs Schaftenaar, in his
sole discretion, will use reasonable efforts to assist Licensee in
correcting errors brought to the his attention by Licensee, except that
he will not be considered in breach of this Agreement if it is unable
to do so.
3. Software charges.
a. Licensee shall pay to Gijs Schaftenaar, upon invoice and within 30 days
of the date of this Agreement a fee of Euro 1000
(starting from molden7.3 Euro 10000).
b. In addition to the fee set forth in section 3a above, Licensee shall pay
any and all other costs which may be imposed as a result of this
Agreement or activities hereunder.
4. Confidentiality; Protection of Software and related Information.
a. Licensee agrees that the Software and related materials shall be held in
confidence and are being provided by Gijs Schaftenaar for the exclusive
use of Licensee. Licensee will be responsible for maintaining and
securing on behalf of Gijs Schaftenaar the Software and related
materials in its possession or under its control.
Licensee:
(i) will protect the Software and related materials in the same manner
that it protects its own confidential information;
(ii) will knowingly permit access to the Software only to its authorized
employees and/or students designated by Licensee to use and maintain
the Software and will inform authorized employees and students who
will have access to the Software of the obligations of
confidentiality under this Agreement;
(iii) except as permitted by section 1b above, will not duplicate all or
any part of the Software or related materials; and
(iv) will not remove or destroy any proprietary notice on the Software
or related materials.
b. Any termination of this Agreement and the License hereunder shall not
Licensee's obligations of confidentiality under this section 4.
5. Disclaimer of Warranties.
a. While the Software has been tested for accuracy and proper functioning,
Gijs Schaftenaar disclaims any responsibility for the accuracy or
correctness of the Software or for its use or application by Licensee.
b. Gijs Schaftenaar is licensing the Software to Licensee on an "as is"
basis. He and his employer make no representation or warranty, either
express or implied, of any kind, and hereby expressly disclaims any
warranties, representations or guarantees of any kind as to the software,
including but not limited to, any warranties of merchantability,
adequacy or suitability of the software for any particular purpose or
to produce any particular result, and any warranties of freedom of
infringement of any patents, copyrights, trade secrets or other rights
of third parties. Neither Gijs Schaftenaar nor his employer(s) shall
have any liability to Licensee or any other person arising out of
the use of the Software by Licensee for any reason, including but not
limited to the unmerchantability, inadequacy or unsuitability of
the software for any particular purpose or to produce any particular
result, or the infringement of any patents, copyrights, trade secrets
or other rights of third parties, for any latent defects therein or the
failure of Gijs Schaftenaar to provide Licensee with any modifications
or changes in the Software.
c. In no event will Gijs Schaftenaar or his employers be liable to Licensee
or to any other party for any loss or damages, incidental, consequential,
indirect or otherwise, including, but not limited to time, money, or good
will, arising from the use or operation of the Software by Licensee.
In no event shall Gijs Schaftenaar's liability to Licensee exceed
the payments made by Licensee pursuant to this Agreement.
6. Indemnity.
Licensee shall hold harmless, defend and indemnify Gijs Schaftenaar and
his employers, from and against any damages, suits, claims, liabilities,
costs, and expenses (including actual attorneys' fees), of any type
whatsoever, arising out of or relating to, directly or indirectly,
the improper, unauthorized, negligent or wrongful use or operation of
the Software by Licensee. Licensee shall reimburse Licensor for any
costs incurred by Licensor in enforcing this provision.
7. Use of Name.
Licensee will not use the name of Gijs Schaftenaar or his employers for
any purpose whatsoever without their written consent. Except when citing
the use of Molden is scientific publications.
8. Termination.
a. Gijs Schaftenaar may terminate this Agreement and the License granted
hereunder upon 30 days written notice of Licensee's material breach of
the Agreement and Licensee's failure to cure the breach within 30 days
of receipt of said notice. Sections 4, 6 and 7 shall survive the
termination or expiration of this Agreement.
b. Licensee may terminate this Agreement and the License hereunder upon
30 days written notice to Gijs Schaftenaar; such termination will be
effective upon compliance with Section 1d above.
9. General Provisions.
a. Notice. Any notice or other communication required or permitted to be
given under this Agreement shall be sufficient if in writing and shall
be considered given when mailed by registered mail to the parties at
the following addresses:
If to Gijs Schaftenaar:
Dr. G. Schaftenaar
Theoretical Chemistry
Radboud University of Nijmegen
Heyendaalseweg 135
6525 AJ Nijmegen, The Netherlands
If to Licensee:
...............................
...............................
...............................
...............................
...............................
...............................
b. Assignment. This Agreement and all rights and obligations hereunder may
not be assigned, sublicensed or transferred by Licensee without the
prior written consent of Gijs Schaftenaar.
c. Governing Law. This Agreement shall be governed by Dutch Law applicable
to agreements made and to be performed in The Netherlands.
d. Entire Agreement; Amendment. This Agreement sets forth the entire
agreement between the parties and supersedes all previous agreements,
written, or oral, concerning the subject matter thereof. This Agreement
may not be changed or terminated orally.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the day and year written below:
Gijs Schaftenaar:
.................................
date: ...................
Licensee:
.................................
Name: ................................
Title: ...............................
date: ...................................
SCHEDULE A.
MOLDEN. An interactive visualization program for chemical structures,
orbitals, total electron density, difference density, and electrostatic
potential, ESP charges and Distributed Multipole Analysis.
MOLDEN reads output from the ab-initio programs Gaussian, Gamess-US and
Gamess-UK. In addition it reads chemx, PDB, a variety of mopac/ampac
files and cartesian Xmol format.
The X-window version of MOLDEN supports interactive creation and
inspection of Z-matrices.
Molden supports generation and display of secondary structure information
of protein structures.
MOLDEN supports contour plots, 3-d grid plots with hidden lines and
a combination of both. It can write a variety of graphics instructions;
XWindows, tektronix4014, hpgl, postscript, hp2392 and Figure.
MOLDEN is supplied for downloading as executable code for a variety of
platforms or source code if for the platform required there is no
executable code available.