Cambridge Virtual SEM
This page last updated: 20/09/2011
VSEM Account Registration
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Software Evaluation Agreement
NOTICE TO USER: PLEASE READ THIS EVALUATION LICENCE AGREEMENT ["THE AGREEMENT"] CAREFULLY. BY DOWLOADING AND /OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU INDICATE YOUR ACCEPTANCE OF THE FOLLOWING TERMS FROM "THE UNIVERSITY". YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT IT IS ENFORCEABLE AS IF IT WERE A WRITTEN NEGOTIATED EVALUATION LICENCE SIGNED BY YOU.
The Agreement is between:
The Chancellor, Masters and Scholars of the University of Cambridge (the "University"), through Dr David M. Holburn, Mr. Geoffrey C. Martin, Dr. Nicholas H. M. Caldwell and Mr. Bernie C Breton ( "the Authors") and you the Licensee (either an individual or a single legal entity).
The Authors of the Department of Engineering at the University, have developed a package of software (the "Software") known as the Virtual Scanning Electron Microscope ("VSEM"). The Software is available via the VSEM website (the "Website") at http://www.virtualsem.com.
- Definitions
"The Software" means:
- the VSEM Simulator version 4B7.xxxx (downloadable version);
- the VSEM Encyclopaedia version 0.3.xx; and
- educational material and content on the VSEM website,
in each case including, without limitation, all copies of the Software and future upgrades, updates or modifications, and all future modifications and additions to the Website for the duration of this Agreement. Use of the Software in this Agreement does not include the Moodle Course Management System (the "CMS") which is used to support the Website. The CMS is open source software available from Moodle and is covered by a separate licensing agreement. Certain images have been provided by NASA and are covered by a separate licensing agreement;
"Site" means one (1) installation per person on one computer; for the avoidance of doubt for a legal entity each user of the legal entity should be registered as a user;
"Term" means six (6) months from the date you download the Software (or from the date you click indicating your acceptance of the terms and conditions of this agreement); and
"Use or Using" means to access, install, download or otherwise benefit from using the functionality of the Software during the Term.
The Software uses sample images from the Beckman Imaging Technology Group (ITG) Virtual Microscope, a joint project of the Imaging Technology Group (http://virtual.itg.uiuc.edu), Beckman Institute for Advanced Science and Technology (http://www.beckman.uiuc.edu), and the Institute for Genomic Biology (http://www.igb.uiuc.edu) - both at the University of Illinois at Urbana-Champaign. More information about the ITG Virtual Microscope is available at http://virtual.itg.uiuc.edu.
The ITG Virtual Microscope and its supporting materials are components of the Virtual Laboratory Project funded by NASA through the Kennedy Space Center Education Office. The NASA Virtual Lab software, targeted towards high school students and undergraduates, is also available for free download at http://www.nasa.education.ucf.edu/cogs, subject to the terms and conditions of use stipulated by NASA.
- Scope of Licence
The Licensee wishes to acquire an evaluation licence to the Software and the University has agreed to do so and hereby grants to Licensee a non exclusive, non transferable, non assignable right on the permitted number of installations at the Site, to Use the Software internally for the sole purpose of testing and evaluating whether to purchase an ongoing licence to the Software ("the Purpose") during the Term. Upon expiry of the Term, you are not permitted to continue to Use the Software other than by entering into a full licence agreement with the University or its designated nominee.
On (indicating) acceptance of the terms and conditions (below), the Licensee will be given a unique username and password ("the Login") to the Website. The purpose of acquiring the Login is to give the Licensee access to and to download and install the Software for the "Purpose".
Terms and Conditions for Release of Software
- Ownership and Use of Software
3.1 The University shall have sole and exclusive ownership of all right, title and interest in and to the Software, including all copyright and any other intellectual property rights therein. This evaluation licence grants a limited licence to Use the Software and shall not be construed to convey title to or ownership of the Software to you. All rights in and to the Software not expressly granted to you are reserved by the University. The Software is protected by copyright, trademark, patent and or other intellectual property laws. Any unauthorised use of it may violate such laws and these terms of Use.
3.2 The Licensee shall use the Software only for the Purpose, in evaluation to inform a potential purchase of a licence to the fully functional version of the VSEM software package. Licensee shall not modify, adapt, disassemble, reverse engineer, decompile, translate or otherwise attempt to discover the source code of the Software, or write or develop any derivative software or any other software program based on the Software or confidential information provided by the University or permit any of these things to happen except as allowed by applicable law.
The Licensee shall keep the Login and Software, including any copies, secure. The Licensee shall not supply the Login or Software to any other party. The Licensee shall refer to the University any request for the Software.
3.4 The Licensee may make one (1) copy of the Software solely for backup purposes provided that the Licensee reproduces and includes all copyright and other proprietary notice(s) on the copy.
- Confidentiality
4.1 Ownership of information provided directly or indirectly by a disclosing party, whether written, oral or otherwise, including without limitation know-how, drawings, data, software or other technical matter and relating to the Software and the Purpose shall remain the property of that disclosing party. No licence is granted hereunder to the Licensee and no licence shall be deemed to have arisen.
4.2 The Licensee acknowledges that the Software is confidential. Unless required to disclose by law, stock exchange or in connection with legal proceedings the Licensee shall keep the Software confidential and secret, together with all know-how, techniques, ideas, principles and concepts which underlie the Software and all information supplied by the University or the Authors in relation to the Software or which is otherwise identified as confidential. The obligations in this Clause do not apply to information which is in or becomes part of the public domain in a lawful manner. The obligations in this Clause shall survive the expiry or earlier termination (for whatever reason) of this Agreement for a period of three years.
- Termination
This Agreement will terminate on the earlier of the expiration of the Term or seven (7) days' written notice by either party to the other. The University may terminate this Evaluation Agreement if Licensee fails to comply with the terms and conditions of this Agreement. Upon termination of this Agreement the Software and all of its component parts and any and all information supplied with it will be returned to the University at the Authors' request, and all copies held by the Licensee will be destroyed. Upon termination of this Agreement the Login will become invalid and any copies of the Software which reside away from the Website will become inoperable and should be deleted. The obligations of both parties in clauses 2 and 4 shall survive termination of this Agreement for whatever cause.
- Disclaimer and Limitation of Liability
The Software is provided on an "As Is" basis, without warranty of any kind. The University makes no representations and extends no warranties of any kind, either expressed or implied as to the accuracy, efficacy, completeness, capabilities or safety of the Software or of any information. There are no express or implied warranties of merchantability or fitness for a particular purpose, or that the use of the material will not infringe any patent, copyright, trademark, or other proprietary rights.
Limitation of Liability
Errors can occur in the use of the Software and the University offers no assurance that they will be corrected. No liability will be accepted in respect of service interruptions, nor in the event of any viruses, worms Trojan horse and or other harmful components being present in or transmitted by our systems and networks.
In no event shall the University be liable for any use by the Licensee (or its employees or agents) of the Software licensed under this Agreement for any of the following losses or damages (whether such losses be foreseen, foreseeable, known or otherwise): loss of data, revenue, anticipated profits, business, opportunity, goodwill or injury to reputation, loss suffered by third parties, any direct, indirect, special, incidental or consequential loss or damages arising out of the use of the Software. Licensee agrees to indemnify and hold harmless the University for any loss, claim, damage or liability, of whatsoever kind or nature, due to or arising from the use, handling, storage or disposal of the Software by the Licensee, except when caused by the gross negligence or wilful misconduct of the University.
Save as stated in clause 5, all provisions relating to ownership, exclusion of warranty and limitation of liability shall survive the termination or early expiry of this Agreement.
- Privacy Policy
Registration follows acceptance of these terms and conditions. When you register, we collect your personal details which will be held securely in accordance with the Data Protection Act 1998. The information we collect will be used for administrative and policing of the use of the Software during the evaluation period agreed under this licence and not for any other purposes.
- General
8.1 Dispute Resolution: If the parties are unable to settle any dispute by negotiation within twenty-eight (28) days the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.
8.2 The Licensee may not assign this agreement.
8.3 This Agreement constitutes the entire agreement and understanding of the parties and supersedes all negotiations, understandings or previous agreement between the parties relating to the subject matter of this Agreement.
8.4 English law shall apply to this Agreement, and the English courts shall have exclusive jurisdiction.
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