PLEASE READ THIS SOFTWARE LICENCE AGREEMENT CAREFULLY BEFORE USING THE CLINSV SOFTWARE. BY USING THE CLINSV SOFTWARE YOU (THE LICENSEE) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU AND THAT YOU AGREE THAT YOUR USE IS SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
1.1 Subject to the terms of this Agreement, the Licensor grants a non-exclusive, non-transferable licence to the Licensee to use the ClinSV Software for research and education purposes only (the Permitted Purpose). The Licensee is expressly excluded from using ClinSV Software for commercial purposes or as part of a clinical diagnostic workflow.
1.2 Subject to clause 2, this Agreement does not entitle the Licensee to copy, redistribute, sublicense or provide access to ClinSV Software, in whole or in part, to any other person without the express written permission of the Licensor.
1.3 This Agreement does not entitle the Licensee to adapt, modify, revise, elaborate or otherwise use the ClinSV Software to create derivative works.
2.1 The persons who will be conducting the Permitted Purposes on behalf of or at the invitation of the Licensee, including academics and researchers of the Licensee (the Users), will be allowed access to ClinSV Software, provided that the Licensee ensures that the Users agree to the terms of this Agreement and use ClinSV Software only for Permitted Purposes.
2.2 The Licensee is responsible for the use of ClinSV Software by the Users and must manage, supervise and exercise control over ClinSV Software at all times.
3.1 The Licensor is not required to provide installation support or user support in relation to ClinSV Software.
3.2 The Licensor may provide installation support or user support to the Licensee as agreed outside the terms of this Agreement.
4.1 ClinSV Software is provided "as is".
4.2 The Licensor makes no representations or warranties of any kind concerning ClinSV Software, express or implied, including, for example, warranties regarding merchantability, fitness for purpose, non-infringement, absence of defects and conformity with description, unless required under the Australia Consumer Law 2010 (Cth).
5.1 Except as provided in this Agreement, the Licensee agrees that it has no express or implied licence or other right to any patents, patent applications, trade secrets or other proprietary rights of the Licensor.
5.2 ClinSV Software has been developed by the Licensor using some open-source software packages which are subject to their own licences and copyright. These open source software packages and the applicable licences are identified in Schedule 1. The applicable licence conditions are available within ClinSV Software.
5.3 The Licensor makes no warranties about ownership of the Intellectual Property Rights in ClinSV Software. The Licensor will not be liable to the Licensee for any loss, costs, expenses, demands or liability, whether direct or indirect, including loss of data, loss of goodwill, loss of reputation, or loss of opportunity, arising out of a claim by a third party alleging infringement of their Intellectual Property Rights by the Licensee, the Users or any third party that the Licensee has allowed access to ClinSV Software.
6.1 THE LICENSOR SHALL IN NO EVENT BE LIABLE TO THE LICENSEE, UNLESS REQUIRED BY APPLICABLE LAW, IN RESPECT OF ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO:
(a) LOSS OF DATA, GOODWILL OR REPUTATION; OR
(b) LOSS ARISING FROM THE MISUSE, DESTRUCTION OR UNAUTHORISED USE OF DATA WHICH ARISES OR MAY ARISE DIRECTLY OR INDIRECTLY IN RESPECT OF:
(c) THE USE OR DISTRIBUTION OF CLINSV SOFTWARE; OR
(d) ITS INSTALLATION ON THE LICENSEE'S SERVER; OR
(e) THE EXERCISE OF ANY RIGHTS GRANTED UNDER THIS AGREEMENT.
6.2 IF THE LICENSOR CANNOT EXCLUDE LIABILITY FOR BREACH OF A CONDITION OR WARRANTY OR IF THE LICENSOR BREACHES A CONSUMER GUARANTEE PROVIDED FOR IN THE AUSTRALIAN CONSUMER LAW (2010) (CTH) THEN THE LICENSOR'S LIABILITY FOR THE BREACH IS LIMITED AT ITS ELECTION TO:
(a) IN THE CASE OF GOODS, REPLACING THE GOODS OR PAYING THE COST OF REPLACING THE GOODS; OR
(b) IN THE CASE OF SERVICES, RESUPPLYING THE SERVICES OR PAYING THE COST OF RESUPPLYING THE SERVICES.
7.1 The Licensee's rights under this Agreement will terminate immediately on notice from Licensor, in the event that Licensee materially breaches a term of this Agreement.
7.2 Upon termination of this Agreement, the Licensee must ensure that all copies of ClinSV Software that it holds are disposed of or destroyed within 60 days.
7.3 Clauses 4, 5, 6, 7, 12 and 13 shall survive any termination of this Agreement.
7.4 The Licensor's accrued rights at the time of termination will survive termination.
8.1 This Agreement may only be amended by the Licensor in writing and an amendment will take effect when it is notified to you
8.2 If the Licensor makes an amendment which causes detriment to the Licensee, the Licensee's remedy is to cease using the ClinSV Software and destroy all copies of the ClinSV Software, which will be deemed to terminate this Agreement subject to clauses 7.3 and7.4.
9.1 The benefit of this Agreement shall not be assigned by the Licensee without the Licensor's written consent, which can be obtained by writing to the Licensor's Executive Director at the address stated below.
9.2 The Licensor may consent to the assignment or novation of this Agreement by the Licensee subject to such conditions as it chooses to impose.
10.1 This Agreement constitutes the entire agreement between the Parties concerning the use of ClinSV Software and its use for the Permitted Purposes. This Agreement supersedes all prior statements, representations and agreements, whether oral or in writing.
11.1 If any provision of this Agreement is held invalid, unenforceable or illegal for any reason, the Agreement shall remain otherwise in full force apart from such provisions which shall at the election of the Licensor, be read down to the extent necessary to remove such invalidity, unenforceability or illegality or be deemed deleted.
12.1 This Agreement shall be governed by and construed according to the law of state of New South Wales in Australia.
In this Agreement, unless the contrary intention appears:
- Agreement means this Agreement for the licensing and installation of ClinSV Software;
- Effective Date means the date the ClinSV Software is downloaded;
- Intellectual Property Rights includes rights pertaining to copyright, trade mark, design, patent, semiconductor or circuit layout rights and the right to keep certain information confidential;
- Licensee means the individual, firm, partnership, company, corporation, association, organisation, government, government agency or other legal entity that downloads, installs and uses the ClinSV Software;
- Licensor means THE GARVAN INSTITUTE OF MEDICAL RESEARCH (ABN 62 330 391 937) of 384 Victoria Street, Darlinghurst, New South Wales, 2010, Australia;
- ClinSV Software means the software applications available in this repository or directory tree and any packaged versions (e.g. machine images) developed by the Licensor and which are the subject of this Agreement; and
- Party means either the Licensor or the Licensee as the context dictates.
| Software | Relevant Licence | URL |
|---|---|---|
| Samtools / htslib | MIT/Expat Licence | https://github.com/samtools/htslib/ |
| Lumpy | MIT License | https://github.com/arq5x/lumpy-sv/ |
| Root | Gnu Lesser General Public License | https://root.cern.ch |
| CNVnator | CREATIVE COMMONS PUBLIC Licence | https://github.com/abyzovlab/CNVnator |
| cnvnator-multi | MIT Licence | https://github.com/hall-lab/speedseq |
| Perl | GNU General Public Licence | https://dev.perl.org/ |
| R & knitr package | GPL-2 | GPL-3 | https://www.r-project.org https://cran.r-project.org/web/packages/knitr |
| Python | Python 2.7 licence | https://www.python.org/ |
| kentUtils | UCSC Genome Browser Licence | https://github.com/ENCODE-DCC/kentUtils/ |
| Docker | Apache License 2.0 | https://github.com/moby/moby/blob/master/LICENSE |
| Singularity | 3-clause BSD License | https://singularity.lbl.gov/docs-license |