UNEX Bundle License Agreement

Version October 23rd, 2022

This Agreement is made between the parties

1. Dr. Yury V. Vishnevskiy on behalf of the UNEX Project Team.

2. The LICENSEE, being the individual, research group, institution or organization, or agent who downloads, registers/installs or uses UNEX, UMV or Qassandra packages (SOFTWARE) comprising the software programs, scripts, runtime/shared libraries and modules, standard library codes, testing input files, installation keys and all the associated media files and documentation, including documentation found on the SOFTWARE web server at https://unex.vishnevskiy.group.

The LICENSEE may obtain a copy of the SOFTWARE free of charge by downloading it from the SOFTWARE web server at https://unex.vishnevskiy.group and requesting a registration/installation key from the UNEX Project Team. The copyright and other intellectual property rights in the SOFTWARE are the property of the UNEX Project Team. UNEX Project Team reserves the right to refuse registration of any LICENSEE and issues the installation key for LICENSEE at its discretion.

By downloading, requesting registration/installation key, installing or using the SOFTWARE, the LICENSEE accepts all of the terms and conditions of this Agreement, those being:

1. The SOFTWARE name(s) are trademarks or registered trademarks of the UNEX Project Team. The SOFTWARE and related documentation are copyrighted works of authorship. UNEX Project Team retains ownership of the SOFTWARE name(s), SOFTWARE and all subsequent copies of the SOFTWARE, regardless of the form in which the copies may exist. This license agreement does not constitute a sale or any form of transfer of ownership of the SOFTWARE.

2. The LICENSEE shall provide valid, accurate and complete registration information as requested by the UNEX Project Team.

3. The SOFTWARE is licensed for use by the LICENSEE only. The LICENSEE may not rent, lease, sub-license, sell, assign or otherwise transfer the SOFTWARE without the prior written consent of the UNEX Project Team. However, the LICENSEE may create a limited number of copies of SOFTWARE as required for LICENSEE’s operations, but solely for LICENSEE’s own usage. Should this be the case, these copies will be subject to the same License Agreement as applied to the original SOFTWARE. The LICENSEE may use any of the Operating System/CPU/MPI-specific binaries, which are provided as the part of SOFTWARE, within the scope of a single License Agreement.

4. The LICENSEE will not assign or transfer this Agreement, or any rights or obligations hereunder, without first obtaining the written consent of the UNEX Project Team. Upon such assignment, however, the LICENSEE shall cease all use of the SOFTWARE, and destroy all copies of the SOFTWARE immediately.

5. The LICENSEE agrees that all published work resulting from use of the SOFTWARE shall make proper reference to the appropriate program modules, as detailed in the SOFTWARE documentation and on the SOFTWARE web server at https://unex.vishnevskiy.group.

6. The LICENSEE shall not disclose any part of the SOFTWARE to any third party, and shall ensure that the SOFTWARE is protected against unauthorized copying.

7. Except with prior written permission from the UNEX Project Team, or as expressly provided for in this Agreement, the LICENSEE may not extract any part of the SOFTWARE for incorporation into other programs, or modify, reverse-engineer, translate, decompile or otherwise misuse the SOFTWARE. The LICENSEE may not use SOFTWARE as the computational server for, or as the otherwise fully, partially or weakly integrated part of any commercial program, package, suite, tool, or interface belonging to either LICENSEE or third-party without the prior written consent of the UNEX Project Team.

8. The LICENSEE agrees that its contact details may be held by the UNEX Project Team in a secure database, which shall be used for the purpose of SOFTWARE license administration only.

9. The UNEX Project Team shall be under no obligation to provide assistance of any kind in the installation or application of the SOFTWARE.

10. The SOFTWARE is supplied "as is", without warranty, representation or guarantee of any kind, either expressed or implied, including, but not limited to, any implied warranties of quality, merchantability, fitness for a particular purpose or ability to achieve a particular result. The LICENSEE assumes the entire risk as to the quality and performance of the SOFTWARE. Should the SOFTWARE prove defective, the LICENSEE assumes the entire cost of all necessary servicing, repair or correction. UNEX Project Team does not warrant that the SOFTWARE will meet the requirements of the LICENSEE or the correctness of the code.

11. UNEX Project Team periodically makes available upgrades to SOFTWARE from the SOFTWARE web server at https://unex.vishnevskiy.group. It is the LICENSEE’s responsibility to keep its copies of the SOFTWARE as current as possible.

12. Should the SOFTWARE prove defective, the LICENSEE should immediately notify UNEX Project Team about such defects and provide all the material necessary to reproduce and correct them (input, output and other files as requested by the UNEX Project Team).

13. UNEX Project Team makes no representation or warranty that use of the SOFTWARE will not result in the innocent infringement of third-party intellectual property rights. UNEX Project Team does not accept any responsibility whatsoever for infringement of such rights.

14. In no event will UNEX Project Team be liable for any damages resulting from loss of data or use, lost profits, loss of anticipated savings, nor for any damages that are an indirect or secondary consequence of any act or omission of the UNEX Project Team, whether such damages were reasonably foreseeable or actually foreseen.

15. License termination. The license is automatically terminated upon the release of the each subsequent major version of the SOFTWARE and/or the updated version of the UNEX Bundle License Agreement by the UNEX Project Team. UNEX Project Team may terminate this license immediately and without warning if LICENSEE is found to be in breach of the terms of this Agreement.

16. On termination of this Agreement, all copies of the SOFTWARE in possession of the LICENSEE shall be destroyed immediately.