University of Illinois
Visual Molecular Dynamics Software License Agreement
Upon execution of this Agreement by the party identified below ("Licensee"), The Board of Trustees of the University of Illinois ("Illinois"), on behalf of The Theoretical Biophysics Group ("TBG") in the Beckman Institute, will provide the Visual Molecular Dynamics ("VMD") software in ExecutableCode and/or Source Code form ("Software") to Licensee, subject to the following terms and conditions. For purposes of this Agreement, Executable Code is the compiled code, which is ready to run on Licensee'scomputer. Source code consists of a set of files which contain the actual program commands that are compiled to form the Executable Code. 1. The Software is intellectual property owned by Illinois, and all right, title and interest, including copyright, remain with Illinois. Illinois grants, and Licensee hereby accepts, a restricted, non-exclusive, non-transferable license to use the Software for academic, research and internal business purposes only, e.g. not for commercial use (see Clause 7 below), without a fee. 2. Licensee may, at its own expense, create and freely distribute complimentary works that interoperate with the Software, directing others to the TBG server to license and obtain the Software itself. Licensee may, at its own expense, modify the Software to make derivative works. Except as explicitly provided below, this License shall apply to any derivative work as it does to the original Software distributed by Illinois. Any derivative work should be clearly marked and renamed to notify users that it is a modified version and not the original Software distributed by Illinois. Licensee agrees to reproduce the copyright notice and other proprietary markings on any derivative work and to include in the documentation of such work the acknowledgement: "This software includes code developed by the Theoretical Biophysics Group in the Beckman Institute for Advanced Science and Technology at the University of Illinois at Urbana-Champaign." Licensee may redistribute without restriction works with up to 1/2 of their non-comment source code derived from at most 1/10 of the non-comment source code developed by Illinois and contained in the Software, provided that the above directions for notice and acknowledgement are observed. Any other distribution of the Software or any derivative work requires a separate license with Illinois. Licensee may contact Illinois (vmd@ks.uiuc.edu) to negotiate an appropriate license for such distribution. 3. Except as expressly set forth in this Agreement, THIS SOFTWARE IS PROVIDED "AS IS" AND ILLINOIS MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY PATENT, TRADEMARK, OR OTHER RIGHTS. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND/OR ASSOCIATED MATERIALS. LICENSEE AGREES THAT UNIVERSITY SHALL NOT BE HELD LIABLE FOR ANY DIRECT,INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING FROM THIS AGREEMENT OR USE OF THE SOFTWARE AND/OR ASSOCIATED MATERIALS. 4. Licensee understands the Software is proprietary to Illinois. Licensee agrees to take all reasonable steps to insure that the Softwareis protected and secured from unauthorized disclosure, use, or release and will treat it with at least the same level of care as Licensee would use to protect and secure its own proprietary computer programs and/or information, but using no less than a reasonable standard of care. Licensee agrees to provide the Software only to any other person or entity who has registered with Illinois. If licensee is not registering as an individual but as an institution or corporation each member of the institution or corporation who has access to or uses Software must agree to and abide by the terms of this license. If Licensee becomes aware of any unauthorized licensing, copying or use of the Software, Licensee shall promptly notify Illinois in writing. Licensee expressly agrees to use the Software only in the manner and for the specific uses authorized in this Agreement. 5. By using or copying this Software, Licensee agrees to abide by the copyright law and all other applicable laws of the U.S. including, but not limited to, export control laws and the terms of this license. Illinois shall have the right to terminate this license immediately by written notice upon Licensee's breach of, or non-compliance with, any terms of the license. Licensee may be held legally responsible for any copyright infringement that is caused or encouraged by its failure to abideby the terms of this license. Upon termination, Licensee agrees to destroyall copies of the Software in its possession and to verify such destruction in writing. 6. The user agrees that any reports or published results obtained with the Software will acknowledge its use by the appropriate citation as follows: "VMD was developed by the Theoretical Biophysics Group in the Beckman Institute for Advanced Science and Technology at the University of Illinois at Urbana-Champaign." Any published work which utilizes VMD shall include the following reference: "Humphrey, W., Dalke, A. and Schulten, K., `VMD -Visual Molecular Dynamics', J. Molecular Graphics, 1996, vol. 14, pp. 33-38." Electronic documents will include a direct link to the official VMD page at http://www.ks.uiuc.edu/Research/vmd/ 7. Commercial use of the Software, or derivative works based thereon, REQUIRES A COMMERCIAL LICENSE. Should Licensee wish to make commercial use of the Software, Licensee will contact Illinois (vmd@ks.uiuc.edu) to negotiate an appropriate license for such use. Commercial use includes: (1) integration of all or part of the Software into a product for sale, lease or license by or on behalf of Licensee to third parties, or (2) distribution of the Software to third parties that need it to commercialize product sold or licensed by or on behalf of Licensee. 8. Government Rights. Because substantial governmental funds have been used in the development of VMD, any possession, use or sublicense of the Software by or to the United States government shall be subject to such required restrictions. 9. VMD is being distributed as a research and teaching tool and as such,TBG encourages contributions from users of the code that might, at Illinois' sole discretion, be used or incorporated to make the basic operating framework of the Software a more stable, flexible, and/or useful product. Licensees who contribute their code to become an internal portion of the Software agree that such code may be distributed by Illinois under the terms of this License and may be required to sign an "Agreement Regarding Contributory Code for VMD Software" before Illinois can accept it (contact vmd@ks.uiuc.edu for a copy). UNDERSTOOD AND AGREED. Contact Information: The best contact path for licensing issues is by e-mail to vmd@ks.uiuc.eduor send correspondence to: VMD Team Theoretical Biophysics Group Beckman Institute University of Illinois 405 North Mathews MC-251 Urbana, Illinois 61801 USA FAX: (217) 244-6078