path: root/licenses/unio

This legal document has to accompany all official or custom UNIO files. It may not be
removed or modified. This document pertains to all use of the software package
worldwide. This document supersedes all previous licenses or distribution policies.
Contract for license of software
between

ETH Zurich
Represented by Kurt Wüthrich
(licensor)

and

the licensee

1. Definition of the Software
UNIO is a software package for automated NMR data analysis. It provides the
functionalities of the four existing algorithms: MATCH, for automated backbone
assignment, ASCAN, for automated side-chain assignment, ATNOS, for automated
peak picking and NOE identification in 2D homonuclear and 3D heteronuclear-
resolved NOESY spectra, and CANDID, for automated NOE assignment of NOESY
cross peaks in conjunction with protein three-dimensional structure calculation.
Details are to learn from the following publications:
Herrmann, T., Güntert, P. & Wüthrich, K.
"Protein NMR structure determination with automated NOE-identification in the NOESY spectra using the new
software ATNOS."
J. Biomol. NMR 2002 Nov; 24(3): 171-189.
Herrmann, T., Güntert, P. & Wüthrich, K.
"Protein NMR structure determination with automated NOE assignment using the new software CANDID and the
torsion angle dynamics algorithm DYANA."
J. Mol. Biol. 2002 May; 319(1): 209-227.
Volk, J.; Herrmann, T.; Wüthrich, K.
“Automated sequence-specific protein NMR assignment using the memetic algorithm MATCH.”
J. Biomol.NMR. 2008, 41, 127-138.
Fiorito, F.; Damberger, F.F.; Herrmann, T.; Wüthrich, K.
“Automated amino acid side-chain assignment of proteins using 13C- and 15N resolved 3D [1H, 1H]-NOESY.”
J. Biomol. NMR 2008, 42, 23-33.
This Software is composed of 3 types of files: executable (binary) files, configuration
files and documentation files. Not included is the source code.
(together “Software”)
2. License of ETH Zurich
ETH Zurich hereby grants a single, non-exclusive, world-wide, royalty-free license to
use Software subject to all the terms and conditions of this Contract to the licensee.
3. The scope of the license
a. Use
The Software may be used exclusively for research purposes in academic
institutions. The licensee retains all rights to results from such use.
Only the use for non-commercial purposes is allowed. Prohibited is for example:
i. selling, licensing or renting the Software to third parties for a fee, payment of
money or other compensation
ii.
using the Software to provide services or products to others for which the
licensee is compensated in any manner (by payment of money or otherwise),
including providing support or maintenance for the Software
iii.
using the Software to develop a similar application on any platform for
commercial distribution.
b. Reproduction
Reproduction is prohibited except for the provisions of the applicable law (article 21
URG [Bundesgesetz über das Urheberrecht, SR 231.1]).
c. Modification
Neither modification, combination with other commercial applications or other
preparation of derivative works of the Software, nor reverse engeneering,
decompilation, disassembly or other reduction of any portion of the Software is
permitted except for the provisions of the applicable law (article 21 URG
[Bundesgesetz über das Urheberrecht, SR 231.1]).
d. Distribution
Assignment to a third party is prohibited.
4. Obligations of licensee
a. Use
Any report or publication of results obtained by the Software has to be acknowledged
by citing the following four publications:
Herrmann, T., Güntert, P. & Wüthrich, K.
"Protein NMR structure determination with automated NOE-identification in the NOESY spectra using the new
software ATNOS."
J. Biomol. NMR 2002 Nov; 24(3): 171-189.
Herrmann, T., Güntert, P. & Wüthrich, K.
"Protein NMR structure determination with automated NOE assignment using the new software CANDID and the
torsion angle dynamics algorithm DYANA."
J. Mol. Biol. 2002 May; 319(1): 209-227.
Volk, J.; Herrmann, T.; Wüthrich, K.
“Automated sequence-specific protein NMR assignment using the memetic algorithm MATCH.”
J. Biomol.NMR. 2008, 41, 127-138.
Fiorito, F.; Damberger, F.F.; Herrmann, T.; Wüthrich, K.
“Automated amino acid side-chain assignment of proteins using 13C- and 15N resolved 3D [1H, 1H]-NOESY.”
J. Biomol. NMR 2008, 42, 23-33.
b. Modification
Reports of modifications or derivative works are to be made to ETH Zurich, and are
to be made available on request.
5. Intellectual property and other rights
Ownership and intellectual property rights in and to the Software shall remain in ETH
Zurich. ETH Zurich reserves the right to withdraw distribution privileges from any group,
individual, or organization for any reason.
6. Maintenance, support, upgrades or new releases
ETH Zurich doesn’t have any obligation of maintenance, support, upgrades or new
releases and disclaims all costs associated with serving, repair or correction.
7. Warranty
The Software is provided “as is”. ETH Zurich does not make any warranty of any
kind. Disclaimed warranties include for example:
i. warranty of merchantability, satisfactory quality and fitness for a particular
purpose
ii.
warranty of accuracy of results, of the quality and performance of the Software
iii.
warranty of noninfringement of the intellectual property rights of third parties.
8. Liability
ETH Zurich disclaims all liabilities. ETH Zurich shall not have any liability for any
direct or indirect damage except for the provisions of the applicable law (article 100
OR [Schweizerisches Obligationenrecht]).
9. Termination
This Contract may be terminated by ETH Zurich at any time. On termination all
copies of the Software has to be destroyed.
10. Severability
If any provisions of this Contract will become invalid or unenforceable, such invalidity
or enforceability shall not affect the other provisions of Contract which shall remain in
full force and effect provided that the basic intent of the parties is preserved. The
parties will in good faith negotiate substitute provisions to replace invalid or
unenforceable provisions which reflect the orginal intentions of the parties as closely
as possible and maintain the economic balance between the parties.
11. Applicable law
This Contract as well as any and all matters arising out of it shall exclusively be
governed by and interpreted in accordance with the laws of Switzerland, excluding its
principles of conflict of laws.
12. Jurisdiction
If any dispute, controversy or difference arises between the Parties hereto in
connection with or out of this Contract, the parties hereto shall first attempt to settle it
amicably.
Should settlement not be achieved, the Courts of Zurich-City shall have exclusive
jurisdiction.
By using this software you indicate your acceptance.
For commercial use of the Software please contact torsten.herrmann@ens-lyon.fr.
In case of any problems, comments, questions, please contact the UNIO authors
using the E-mail address torsten.herrmann@ens-lyon.fr