Biomatters' Geneious® Software License Agreement
Terms & Conditions of Use for Biomatters' Free Geneious® Basic Software
Including Free Trial of Geneious® Pro
By downloading, installing and/or running the free version of the software program Geneious® (hereafter referred to as "Geneious" or the "Software"), you (hereafter referred to as "you" or the "User") consent to the following terms and conditions.
Title: The Software is the property of Biomatters Limited (hereafter referred to as "Biomatters"). Title, ownership rights and intellectual property rights, including copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Biomatters. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law.
Restrictions of Use: You may not:
Notwithstanding the above, if Biomatters includes with the Software third party software libraries distributed under the terms of the GNU Lesser General Public License ("LGPL"), hereafter referred to as "LGPL Software":
Disclaimer of Warranty: The Software is provided on an AS IS basis, without warranty of any kind, including, without limitation, the warranties that the Software is merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is borne by you, the User. Should the Software prove defective in any respect, you and not Biomatters, nor any of its Distributors or Resellers, shall assume the entire cost of any service and repair required. In addition, the security mechanisms implemented by the Software have inherent limitations and you must determine that the Software sufficiently meets your requirements. This Disclaimer of Warranty constitutes an essential part of these Terms and Conditions of Use. No use of the Software is authorized hereunder except under this Disclaimer.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL BIOMATTERS OR ITS SUPPLIERS BE LIABLE TO YOU, THE USER, OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGE OR LOSSES ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BIOMATTERS DOES NOT WARRANT THAT THE SOFTWARE OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE SOFTWARE IS USED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK.
Free Geneious Pro Trial: The Geneious Basic Software includes an option to run Geneious Pro features for a limited trial period, at no charge. All Terms and Conditions of use applying to the Software apply also to the Geneious Pro trial. The limited trial period is made available by Biomatters to the User solely for the purpose of allowing the User to evaluate the Geneious Pro features, and is not intended for any other use.
Biomatters' Geneious® Pro Software License Agreement
By downloading, installing and/or running Geneious® Pro (other than as an authorized free trial for a time limited period), you are consenting to be bound by and are a party to this Agreement. This is a grant of License allowing the Licensee to use the software program Geneious® Pro (hereafter referred to as "Geneious" or the "Software") under certain restrictions, terms and conditions.
As used herein, the term "Licensee" shall refer to the person or entity downloading, installing and/or using Geneious. "Authorized User" shall refer to the Licensee, if the Licensee is an individual person. If the Licensee is an academic institution, "Authorized User" shall refer to any student, faculty or staff member authorized by the Licensee to use the Software while performing duties within the scope of their employment or assignment. If the Licensee is a commercial organization, "Authorized User" shall refer to any employee, independent contractor or temporary worker authorized by the Licensee to use the Software while performing duties within the scope of their employment or assignment. "Licensor" shall refer to Biomatters Limited ("BIOMATTERS") and/or any person or entity who has been duly and properly authorized by Biomatters Limited to act as a Licensor.
License Grant:
The Software is the property of BIOMATTERS. The Software is licensed, not sold.
The Licensor grants to the Licensee a non-exclusive, non-transferable License to use the Software in the manner described in this Agreement. This License does not constitute the sale of the original Software or any copy thereof.
Upon purchase or subscription of a License, the Licensee will receive a unique key-code (hereinafter referred to as a "License Key") that enables an Authorized User to use the Software according to the terms and conditions of the specific License type as described below. Only the Licensor is permitted to produce License Keys for the Software.
Single User License:Upon purchase or subscription of a Single User License, the Licensee may install and use the Software on up to three (3) computers running any of the supported operating systems, provided that the same License Key is not used by anyone other than the Authorized User.
Concurrent License:Purchase or subscription of Concurrent Licenses permits the Licensee to install and use the Software on an unlimited number of computers running any of the supported operating systems on the same network, and for Authorized Users to use the Software on different computers on that network concurrently, provided that the number of Authorized Users using the Software on different computers concurrently will be limited to the number of Concurrent Licenses registered to the Licensee and currently active.
Academic License: Academic Licenses allow the Licensee to use the Software for academic and non-commercial purposes only.
Student License: Student Licenses may be used by undergraduate and graduate students currently enrolled in a degree program, and allow the Licensee to use the Software for academic and non-commercial purposes only.
Duration of a License Grant:
Purchase of a License that is not a time limited subscription License allows the Licensee to use the Software for an unlimited period.
A subscription License is time limited and allows the Licensee to use the Software for the period subscribed. Subscription licenses are valid from date of issue. At the end of the subscription period the License granted under this Agreement will terminate, unless the subscription is renewed for a further period.
Software Upgrades:
Purchase of a License that is not a time limited subscription License entitles the Licensee to free upgrades of the Software for one year following date of purchase.
A subscription License entitles the Licensee to free upgrades of the Software during the period subscribed.
Support:
Purchase of a License that is not a time limited subscription License entitles the Licensee to free technical support from Biomatters Limited via email for one year following date of purchase.
A subscription License entitles the Licensee to free technical support from Biomatters Limited via email for the duration of the subscription.
Other Terms Applicable to License Grant:
Title: Title, ownership rights and intellectual property rights, including copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of BIOMATTERS. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The License granted under this Agreement gives the Licensee no rights to such content.
Copy Restrictions: The Software and the accompanying manual are copyrighted by BIOMATTERS. Unauthorized copying of the Software, including modifications of the Software or programs in which the Software has been merged or included with other software products is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to comply with the terms of this License. Subject to these restrictions, you may make one copy of the Software, solely for backup purposes. You must reproduce and include the copyright notice on the backup copy.
Transfer Restrictions: The Software is licensed only to Licensee, and may not be transferred to anyone, including a successor or purchaser of Licensee, without Licensor's prior written consent. Any authorized transfer of the Software shall be subject to the provisions of this Agreement. In no event, may you transfer, assign, rent, lease, sell, or otherwise dispose of the Software on a permanent or temporary basis except as expressly provided herein.
Licensee Obligations: Licensee agrees to secure and protect the Software, License Key, documentation and copies thereof in a manner consistent with the maintenance of BIOMATTERS' rights therein and to take appropriate action by instruction or agreement with its employees or consultants who are permitted access to the Software to satisfy its obligations hereunder. Licensee will not remove any proprietary notices or labels on the Software.
No Trademark License: The Geneious® Pro Software and Geneious® materials are being licensed to the Licensee, as END-USER by this Agreement. Notwithstanding anything to the contrary in this Agreement, Licensee as END-USER is not licensed to use BIOMATTERS' trademarks, trade names or any other intellectual property rights held by BIOMATTERS, including the Geneious® name and logo, other than the licensing of the Geneious® Pro Software and Geneious® materials.
Modification: Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble (except and SOLELY to the extent that an applicable Statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software.
No Rights to Source Code: Licensee has no rights to view, examine, inspect, possess, redistribute, or any other rights to the Geneious® Software Source Code. BIOMATTERS will retain all such Source Code at its sole discretion.
Third Party LPGL Software: Notwithstanding any of the foregoing, if Licensor includes with the Software third party software libraries distributed under the terms of the GNU Lesser General Public License ("LGPL"), hereafter referred to as "LGPL Software":
Termination: This Agreement and the License granted hereunder will terminate automatically if Licensee fails to comply with the limitations described herein. In the event of termination by reason of the Licensee's failure to comply with any part of this agreement, or upon any act which shall give rise to Licensor's right to terminate, Licensor shall have the right, at any time, to terminate the license(s) and take immediate possession or confirm destruction of the Software and documentation and all copies wherever located, without demand or notice. Within five (5) days after termination of the license(s), Licensee will return to Licensor the Software in the form provided by Licensor or as modified by the Licensee, or upon request by Licensor destroy the Software and all copies, and certify in writing that they have been destroyed. Without limiting any of the above provisions, in the event of termination as a result of the Licensee's failure to comply with any of its obligations under this License Agreement, the Licensee shall continue to be obligated for any payments due. Termination of the license(s) shall be in addition to and not in lieu of any equitable remedies available to Licensor.
Injunction: In the event BIOMATTERS reasonably believes that the use or distribution of any Geneious® Software, Geneious® materials or BIOMATTERS Trademarks is likely to be enjoined, BIOMATTERS may, among other things, take back such infringing item or items and terminate the license associated with respect to such item or items. BIOMATTERS may also seek judicial intervention including, without limitation, an injunction in the Courts of New Zealand and/or the State Courts of New Jersey in the United States of America, to which injunctive relief the Licensee expressly consents hereby and agrees not to oppose.
Limited Reciprocal Indemnification: Each party shall, at its own expense, defend and indemnify the other party for damages and reasonable costs incurred in any suit, claim or proceeding brought by a third party against the indemnified party alleging any claims against the indemnified party for damages resulting solely and directly from a breach of contract or tort committed by the indemnifying party. Notwithstanding the foregoing, the maximum liability of the indemnifying party under this clause shall be the dollar amount of the annual renewal license fee for the Software.
Disclaimer of Warranty: The version of the Software is provided on an AS IS basis, without warranty of any kind, including, without limitation, the warranties that the Software is merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is borne by you, the Licensee. Should the Software prove defective in any respect, Licensee and not Biomatters Limited, nor any of its Distributors or Resellers, shall assume the entire cost of any service and repair required. In addition, the security mechanisms implemented by the Software have inherent limitations and Licensee must determine that the Software sufficiently meets Licensee's requirements. This Disclaimer of Warranty constitutes an essential part of the License Agreement. No use of the Software is authorized hereunder except under this Disclaimer.
External Databases: Under no circumstances shall Licensor be liable or responsible for lack of functionality or reduced performance of external databases provided by such entities as the National Center for Biotechnology Information (NCBI) used by the Software. In no event shall Licensor be liable for damages of any kind or inconveniences caused by changes in data formats or communication protocols of such third party databases.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL BIOMATTERS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGE OR LOSSES ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM LICENSEE FOR A LICENSE OF THE SOFTWARE, EVEN IF THE LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE OR ANY EQUIPMENT, SYSTEM OR NETWORK ON WHICH THE SOFTWARE IS USED WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Export Law Assurances: Licensee agrees and certifies that neither the Software nor other technical data received from the Licensor, nor the direct product thereof, will be exported out of the United States except as authorized and permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by Licensee outside of the United States, Licensee agrees that Licensee will not re-export the Software nor any other technical data received from the Licensor nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which Licensee obtained the Software.
Notices: If you have any questions about this Agreement, or if you wish to contact BIOMATTERS for any reason, please write to BIOMATTERS at the following address:
BIOMATTERS LIMITED
PO Box 5677
Wellesley Street
Auckland 1141
New Zealand
Phone: +64 9 379 5064
Fax: +64 9 379 5063
Governing Law: This Agreement shall be governed by and construed under the laws of New Zealand. Licensee consents to the jurisdiction of the Courts within New Zealand and hereby waives any right to object to such jurisdiction or to assert jurisdiction in any other court.
Miscellaneous: This Agreement represents the complete agreement concerning the License granted hereunder and may be amended only by a writing executed by both parties.
Section 508 of the Rehabilitation Act for Electronic and Information Technology Accessibility for Persons with DisabilitiesThe Geneious® Software has not been designed to conflict with any compliance areas of section 508 of the Rehabilitation Act for Electronic and Information Technology Accessibility for Persons with Disabilities. We endeavour to make all future development of the Software fully compliant with all areas of Section 508.
Primer3 Copyright Notice and Disclaimer
Copyright (c) 1996,1997,1998,1999,2000,2001,2004 Whitehead Institute for Biomedical Research. All rights reserved.Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Redistributions of source code must also reproduce this information in the source code itself.
- If the program is modified, redistributions must include a notice (in the same places as above) indicating that the redistributed program is not identical to the version distributed by Whitehead Institute.
- All advertising materials mentioning features or use of this
software must display the following acknowledgment:
This product includes software developed by the Whitehead Institute for Biomedical Research.
- The name of the Whitehead Institute may not be used to endorse or promote products derived from this software without specific prior written permission.
Steve Rozen and Helen J. Skaletsky (2000) Primer3 on the WWW for general users and for biologist programmers. In: Krawetz S, Misener S (eds) Bioinformatics Methods and Protocols: Methods in Molecular Biology. Humana Press, Totowa, NJ, pp 365-386THIS SOFTWARE IS PROVIDED BY THE WHITEHEAD INSTITUTE ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE WHITEHEAD INSTITUTE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Source code available at http://fokker.wi.mit.edu/primer3/.
Smack License Agreement
Geneious® uses a modified version of Smack 2.2.1. The modified source code is available for download from http://www.geneious.com/assets/libraries/geneious-5.1-smack.tar.gz- Use of the Smack source code is governed by the Apache License:
Copyright 2002-2006 Jive Software.
All rights reserved. Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
- Smack contains icons and images licensed from INCORS GmbH. You are not licensed to use these icons outside of Smack.
- Third-party source code is licensed as noted in their source files.
BioJava License Agreement
Geneious® uses a modified version of Biojava 1.5. BioJava is distributed under the GNU Lesser General Public Licence. The modified source code is available for download from http://www.geneious.com/assets/libraries/biomatters-biojava.tar.gzFor the complete BioJava license refer to http://www.geneious.com/assets/libraries/Biojava-LICENSE.txt
Net Value License
Geneious® contains intellectual property for information classification and artificial intelligence licensed from NetValue Limited (www.netvalue.net.nz ), and is covered by both NZ Patent 513249 and international patent applications. Patents pending.