------------------------------------------------------------------------------ NOTICE SPOCK is provided with a free 30-day trial license. After this trial license expires, a permanent license must be purchased according to the terms below in order to continue to use SPOCK. For the period of the trial license, you must agree to abide by the terms of this license in order to use the software. Certain research groups and educators may be eligible for a FEE WAIVER as provided under the FEE WAIVERS paragraph below. SPOCK is supplied as is and without warranty. However, if you do find a bug we will make every effort to correct it. The license text is intended to make clear that we are not required to do so. ------------------------------------------------------------------------------ SPOCK PURCHASING INSTRUCTIONS Read this Software License Agreement in its entirety, sign it, and fill in all the blank spaces at the end of the document. Calculate your License Fee according to the table presented in the LICENSE FEE paragraph below. Under certain circumstances you may find it may be to your financial advantage to purchase multiple individual licenses rather than a 5 or 15 machine license. If this is the case, please submit separate copies of the license agreement. They may be mailed in the same envelope. Mail the fully executed License Agreement and check (made payable to Texas A&M University) to: Office of Technology Commercialization 1700 Research Parkway, Suite 250 College Station, Texas 77845 The Contact Person for SPOCK is: Debra Arrington Department: Administrative Services Department Title: Contracts and Operations Supervisor Email: d-arrington@tamu.edu Phone: (979) 845-8698 Fax: (979) 845-1402 If you are using credit card payment or requesting a FEE WAIVER license you may also, fax the License Agreement and the Request Form with all the necessary information to: (979) 845-8698, attention Debra Arrington. Allow one to two weeks for The A&M System to send you the license keys (the LICENSE file) for the specified machines. The LICENSE file will be e-mailed to the address provided for the Software administration contact as soon as it is processed, and sent by paper mail for a permanent record. You may contact the Office of Technology Commercialization with questions by calling (979) 845-8698 or e-mailing to d-arrington@tamu.edu SOFTWARE LICENSE AGREEMENT This Software License Agreement is entered into by and between Texas A&M University (TAMU), a component of The Texas A&M University System with principal offices in College Station, Texas, and each user, hereinafter referred to as LICENSEE, of the SPOCK software. DEFINITION. The term PROGRAM shall refer to the computer program module entitled SPOCK, developed by TAMU. Excluded from PROGRAM shall be any future developments made by TAMU, and any third-party software required for operation with PROGRAM, for which separate licensing may be required. 1. GRANT. TAMU hereby grants to LICENSEE a nonexclusive, nontransferable license to PROGRAM, upon the terms and conditions hereinafter set forth. 2. LICENSE FEE. As consideration of the license grant made to LICENSEE by TAMU herein, LICENSEE agrees to pay TAMU a one time License Fee consistent with the following schedule: Number of Licenses (1 per Computer) Institution Type 1 2-5 6-15 Not-for-Profit $750 $1,000 $1,500 For-Profit $3,000 $7,500 $15,000 This license fee also entitles the LICENSEE to free upgrades with the same SPOCK major version number (e.g. version 1.0 to 1.2), as available, and discounts on upgrades to versions with different major version numbers (e.g. version 1.x to 2.0). * Note: Licenses for more than 15 computers and site licenses are also available, please contact the Technology Commercialization at (979) 845-8698, for more details. 3. FEE WAIVERS. Certain parties are eligible for fee waivers, and a one-year (renewable) license is granted to those parties free of charge. Please review the following categories and if you think you fall under one of them, and wish to apply for a Fee Waiver, write the name of the category you fall under in the "Fee Waivers" section of the "SPOCK Request Form" at the end of this document. a) Academic: Educators wishing to use SPOCK in an academic course may apply for a license for unlimited number of machines). LICENSEE is not obligated to pay LICENSEE FEE at any time in the future. b) Research: Research groups without current grant support, or for whom paying the License Fee would constitute a financial hardship may apply for a license for up to 5 machines. LICENSEE agrees to pay TAMU a full LICENSE FEE, as provided under paragraph 2, when funding becomes available. c) Small not-for-profit: Not-for-profit organizations of less than 50 employees for which paying the License Fee would constitute financial hardship may apply for a license for up to 5 machines. LICENSEE agrees to pay TAMU a full LICENSE FEE, as provided under paragraph 2, when funding becomes available. LICENSEE is advised that license keys supplied to FEE WAIVER recipients will expire one year after their date of issue, at which point the PROGRAM will stop working LICENSEE may request a new license key within 30 days of the expiration of the old key. Use of the PROGRAM may thus continue uninterrupted under the terms of this LICENSE. 4. USE. LICENSEE may install PROGRAM on ____ (number) computers, maintain an archival copy, and use PROGRAM to process data for own benefit. LICENSEE shall not distribute, display, sell, sublicense, or otherwise transfer PROGRAM to any third party without the prior written consent of TAMU. 5. MODIFICATIONS. LICENSEE may not modify, translate, reverse engineer, disassemble, or prepare derivative works of PROGRAM without the prior written consent of TAMU. 6. PROGRAM LICENSED AS IS. LICENSEE acknowledges that PROGRAM is supplied as is without any accompanying services. TAMU DOES NOT WARRANT THAT THE OPERATION OF PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE shall be solely responsible for providing maintenance and support for PROGRAM. 7. NO WARRANTY. TAMU MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAMU shall not be liable for any costs, damages, fees, or other liability, nor for any direct, indirect, special, incidental, or consequential damages (including lost profits) with respect to any claim by LICENSEE or any third party on account of or arising from this Agreement or use of PROGRAM. LICENSEE shall and does hereby agree to indemnify, hold harmless, and save TAMU from any liability against any claim, damage, loss, or action resulting from LICENSEE's use of PROGRAM. 8. TITLE. All title, interest, rights, and copyright to PROGRAM and all portions thereof, and any material associated therewith, shall at all times remain with TAMU, and LICENSEE agrees to preserve same. LICENSEE shall have no right, title, or interest in PROGRAM, except as expressly set forth in this Agreement. 9. NOTICES. In all copies of PROGRAM and related documentation, LICENSEE shall retain all original copyright and other proprietary notices. 10. TERM AND TERMINATION - NO FEE. The term of this Agreement shall commence upon your use of PROGRAM, and shall continue for one year, unless renewed for another year, or replaced by a perpetual license through the payment of the full License Fee in accordance with the provisions herein. TAMU may terminate this Agreement immediately upon written notice to LICENSEE in the event of the breach of any material obligation hereunder by LICENSEE. LICENSEE may terminate this Agreement without cause for its own convenience and at its own discretion upon thirty (30) days written notice to TAMU. Upon termination of this Agreement, for any reason, LICENSEE shall, within 10 days of such termination, destroy all copies of PROGRAM and all copies of technical materials, manuals, other TAMU materials, and the like, and provide written representation to TAMU that any and all copies of PROGRAM have been destroyed. 11. TERM AND TERMINATION - FEE PAYING CUSTOMERS. The term of this Agreement shall commence upon your use of PROGRAM, and shall continue in perpetuity, unless terminated in accordance with the provisions herein. TAMU may terminate this Agreement immediately upon written notice to LICENSEE in the event of the breach of any material obligation hereunder by LICENSEE. LICENSEE may terminate this Agreement without cause for its own convenience and at its own discretion upon thirty (30) days written notice to TAMU. Upon termination of this Agreement, for any reason, LICENSEE shall, within 10 days of such termination, destroy all copies of PROGRAM and all copies of technical materials, manuals, other TAMU materials, and the like, and provide written representation to TAMU that any and all copies of PROGRAM have been destroyed. 12. USE OF NAME. Nothing in this Agreement shall be construed as conferring rights to use in advertising, publicity or otherwise any trademark, trade name, or service mark or the name of Texas A&M University, The Texas A&M University System, or any abbreviation thereof. 13. LAW AND AGREEMENT. This License shall be governed by the laws of the State of Texas. This License constitutes the entire agreement between the parties with respect to PROGRAM. I agree to the terms and conditions contained in this License Agreement, Signature: ____________________________ Name: ________________________ Title: _______________________________________________________________ SPOCK LICENSE REQUEST FORM Center for Macromolecular Design Texas Agricultural Experiment Station A. Order Date: _________________ B. Credit card information (skip if paying by check): Please print clearly. Illegible entries will result in processing delays. Card Type:_____________________ (only MC, VISA, or AMEX) Card Number:_______________________ Expiration Date:___________ Amount:_________ Card Holder Name:_____________________________ Name of Person Ordering (If different from Card Holder): ________________________________________________________ Card Holder's Signature: _______________________________ C. Check number (skip if paying by credit card): ________ D. If you are requesting a FEE WAIVER, enter the category here (academic, research, or not-for-profit.) Read Paragraph 3 above carefully first for a description of the categories. ________________________________________________________________________ E. LICENSEE information Institution:___________________________________________________ Address:_______________________________________________________ Phone No. ___________________________ Fax No. _________________ E-mail:______________________________________ F. PLEASE LEAVE THIS SECTION BLANK (for TAMU internal use) Receipt Number:______________________________ Employee Name:________________________________________________ G. Software administration contact. Please supply information on your software administration contact person. This is the person to whom the license keys should be sent. Licenses will be sent via e-mail as soon as they are processed and via paper mail to the address above for permanent record keeping. Software administrator's name: _______________________________ Phone: ____________ Fax: _____________ E-mail: ________________ H. Licensed hosts Please type or print clearly the hostnames of the machines you wish to license, followed by the version, one per line, as in the example. The hostname (as returned by the "hostname" unix command) for each machine must be indicated, complete with domain name. For example, if you are in domain "tamu.edu", and you desire to run SPOCK on a machine called "modeler", list the hostname as "modeler.tamu.edu". NOTE: For machines not on a network, use your first and last names as the domain name (e.g. photon.jon.christopher for a machine called "photon"). The administrator of photon will then have to set the SP_DOMAIN variable in the file $SPOCK/Spockrc to the fake domain name (jon.christopher in this case). You should verify that the fake name works with the program which can be found on the web at: http://quorum.tamu.edu/checkname.c before submitting the license application. We cannot be responsible for invalid hostnames after a license has been issued. Example HOSTNAME VERSION FREE? ---------------------------------------------------------------------------- quorum.tamu.edu IRIX amanda.tamu.edu Linux/x86 yes ---------------------------------------------------------------------------- HOSTNAME VERSION FREE?