edikt phase one

The information below relates to the initial phase of the edikt project, which ended in May 2005. Information on the current phase is available via the edikt portal.

edikt phase one
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BinX 1.2

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You may download the Open source version of BinX1.2 here.

First, please read the BinX Licence and then Register.

edikt::BinX Software Licence

THE ACCOMPANYING SOFTWARE IS PROVIDED UNDER THE TERMS OF THIS SOFTWARE LICENCE AGREEMENT (THE 'AGREEMENT'). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES THE LICENSEE'S ACCEPTANCE OF THIS AGREEMENT.
Definitions
In this Agreement, unless the context otherwise requires, the following expressions have these meanings:
'the Licensor' means the edikt Project Consortium represented for the purposes of this Agreement by The University of Edinburgh acting through The National e-Science Centre, 15 South College Street, Edinburgh;
'the Licensee' means anyone who receives the Software under this agreement;
'the Licence' means the licence granted by the Licensor pursuant to clause 1;
'the Software' means the edikt::BinX Software Distribution (in either source-code, or binary form and accompanying documentation) and a "work based on the Software" means a work based on either the Software, or part of the Software, or on any derivative work of the Software under copyright law: that is, a work containing all or a portion of the Software either verbatim or with modifications.
WHEREAS The Licensor has agreed to grant to the Licensee a non-exclusive licence to use, reproduce or distribute the Software upon the terms and conditions hereinafter contained
NOW IT IS HEREBY AGREED as follows:
1.	Licence
The Licensor hereby grants to the Licensee a non-exclusive, perpetual, sub-licensable licence to use, copy, modify and distribute the Software, subject to the limitations stated herein.
2.	Licensee's Obligations
During the continuance of this Agreement the Licensee shall:
2.1	ensure that copies of the Software or work based on the software in source or binary form given to third parties contain this licence and that the software is distributed with all copyright notices intact and unmodified;
2.2	ensure that any modifications made by the Licensee to the Software, or any portion of it, whether or not such modified work is given to a third party, either in source or binary form, shall:
2.2 (a)	carry prominent notices specifying the portions of the Software altered
2.2 (b)	display the following acknowledgement:
"This product includes software developed by and/or derived from the edikt::BinX Software Distribution to which the edikt Project Consortium retain certain rights."
2.3	ensure that all advertising materials, journal articles and documentation referencing Software or products derived from or use of the Software display the following acknowledgement:
"This product includes software developed by the edikt Project Consortium."
In addition, the foregoing notice, as associated with any product being distributed, shall be extended by the wording:
"and  source code of that software is either included with this product or is obtainable on request from the supplier of this product."
and the Licensee shall, without undue delay, make available the source code of the Software, at no more than the cost of its provision, to any recipient of the product who explicitly requests the source code from the Licensee.
2.4	The right to modify the original Software does not extend the licence granted under any patent rights held by the Licensor beyond that applicable to the original Software. For the avoidance of doubt, functionality which forms part of the original software and is reproduced in the modified software, shall continue to be licensed under such patent rights when used as part of the modified software.
3.	Proprietary Rights
3.1	The Software and all parts thereof, the copyright and any other intellectual property rights in the Software are and shall remain the property of the Licensor and the Licensor reserves the right to grant licences to use the Software to any other party or parties.
3.2	The Licensee shall notify the Licensor immediately if the Licensee becomes aware of any unauthorised use of the whole or any part of the Software by any person.
3.3	The Licensee may not charge any fee or royalty to any other party or parties to whom the Licensee grants licenses to use the Software in unmodified form.  Fees or royalties may be charged on Software in modified form only by prior arrangement with the Licensor.
4.	Termination
4.1	The Licensor may terminate the Licence forthwith on giving notice in writing to the Licensee if:
4.1 (a)	the Licensee commits any serious breach of any term of this Agreement and (in the case of a breach capable of being remedied) shall have failed, within 30 days after the receipt of a request in writing from the Licensor so to do, to remedy the breach (such request to contain a warning of the Licensor's intention to terminate); or
4.1 (b)	the Licensee permanently discontinues the use of the Software.
4.2	Save as expressly provided in clause 4.1(a) or elsewhere in this Agreement the Licence may not be terminated.
4.3	Any termination of the Licence or this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party, nor shall it effect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
5.	Liability
5.1	IN NO EVENT WILL THE LICENSOR OR ANY CONTRIBUTORS TO THE SOFTWARE BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM EXERCISE OF THIS LICENSE AGREEMENT OR THE USE OF THE SOFTWARE.
NEITHER THE LICENSOR NOR ANY CONTRIBUTORS TO THE SOFTWARE, NOR ANY OF THEIR EMPLOYEES, MAKES ANY WARRANTY EXPRESS OR IMPLIED, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED, OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS.
LICENSEE AGREES THAT THE EXPORT OF GOODS AND/OR TECHNICAL DATA FROM THE UNITED KINGDOM MAY REQUIRE SOME FORM OF EXPORT CONTROL LICENSE FROM THE UK GOVERNMENT AND THAT FAILURE TO OBTAIN SUCH EXPORT CONTROL LICENSE MAY RESULT IN CRIMINAL LIABILITY UNDER THE RELEVANT LAWS.
5.2	The Licensee shall indemnify the Licensor and keep the Licensor fully and effectively indemnified against any loss of or damage to any property or injury to or death of any person caused by the Licensee's use of the Software or any negligent act or omission or wilful misconduct of the Licensee, its employees, agents or sub-contractors.
6.	Entire agreement
This Agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the subject matter hereof. No addition to or modification of any provision of this Agreement shall be binding upon the parties unless made by a written instrument signed by a duly authorised representative of each of the parties.
7.	Law
This Agreement shall be governed by and construed in accordance with the laws of Scotland and the parties agree to submit to the jurisdiction of the Scottish courts.

END OF LICENCE

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