LICENSE.md

MHC HAMMER SOFTWARE ACADEMIC USE LICENCE PLEASE READ THESE LICENCE TERMS CAREFULLY This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Cancer Research Technology Limited, trading as Cancer Research Horizons, a company registered in England and Wales (registered number 1626049) whose registered office is at 2 Redman Place, Stratford, London, E20 1JQ (Licensor, us or we) for: · The MHC Hammer proprietary software, is a bioinformatics pipeline designed for the analysis of the class I HLA genes using WES and RNAseq data, and including any improvements, modifications, updates, upgrades and/or new releases provided by Licensor under this Agreement (Software). We license use of the Software to you on the basis of this Licence. We do not sell the Software to you. We remain the owners of the Software and all intellectual property rights in it at all times. By downloading, installing or using this Software, you agree to be bound by the terms of this Licence (included in the “non-commercial-academic-license.exe” file, available in the main directory of the Software repository).

1. LICENCE 1.1 In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable, royalty-free licence to use the Software on the terms of this Licence. 1.2 You may install and use the Software for your personal academic non-commercial research purposes only. 1.3 You are not permitted to: (a) use the Software for any commercial use, which includes but is not limited to: (i) transfer, sale or licence to a commercial third party;
   (ii) use on behalf of a commercial entity, including but not limited to use as a service provided to any third party for financial or other consideration; (iii) research or other activities which are sponsored or otherwise supported (financially or otherwise) by any commercial entity; (b) share, distribute or otherwise make available the Software to any other person or entity; (c) incorporate or otherwise include the Software in any product or service that results in any transfer, sale or licence of the Software to a commercial third party; or (d) provide any Software benchmark test results to any other person or entity. If you wish to use or share the Software for any such or other commercial purposes, please contact commercial@cancer.org.uk.
2. Restrictions Except as expressly set out in this Licence or as permitted by any local law, you undertake: (a) not to copy the Software, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security; (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs; (c) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Software to obtain the information necessary to create an independent program that can be operated with the Software or with another program (Permitted Objective), and provided that the information obtained by you during such activities: (i) is used only for the Permitted Objective; (ii) is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and (iii) is not used to create any software that is substantially similar in its expression to the Software; (d) to keep all copies of the Software secure; (e) to include our copyright notice on all entire and partial copies of the Software in any form, and not to remove any copyright or other proprietary notice from the Software; (f) not to provide, or otherwise make available, the Software in any form, in whole or in part to any person or entity without prior written consent from us; and (g) to comply with all applicable technology control and export laws and regulations.
3. Intellectual property rights 3.1 You acknowledge that all intellectual property rights in the Software throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with the terms of this Licence.
4. Disclaimer 4.1 The Software is provided to you “as is”, without warranty or representation of any kind, express or implied, including but not limited to any warranties or representations of: merchantability; fitness for a particular purpose; non-infringement of intellectual property rights or other third party rights; or the Software being defect or virus-free or available on an uninterrupted basis. 4.2 In no event shall the Licensor, its affiliates or the Software authors or their associated institutions, be liable under or in connection with this Licence for: (a) any claim, damages or other liability, whether in an action of contract, tort or otherwise; or (b) any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known. 4.3 You acknowledge that the Software has not been developed to meet your individual requirements, and use of the Software is at your own risk. 4.4 You acknowledge that nothing in this Licence obliges the Licensor to provide you with any replacement Software, media, documentation or Software updates or maintenance or support. 4.5 You acknowledge that nothing in this Licence obliges the Licensor to provide you with, or constitutes any licence to, any third party software or other third party intellectual property rights. If any licence to any third party software and/or other third party intellectual property rights is required in order to use the Software, it is your responsibility to obtain such licence.
5. Termination 5.1 We and you may terminate this Licence immediately for any reason by written notice to the other. 5.2 Upon termination for any reason: (a) all rights granted to you under this Licence shall cease; (b) you must cease all activities authorised by this Licence; and (c) you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
6. How we may use your personal information 6.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.cancerresearchhorizons.com/our-privacy-policy and it is important that you read that information.
7. Other important terms 7.1 Nothing in this Licence gives you the right to use the Licensor name or trade marks in any promotional materials. 7.2 You agree to cite your use of the Software in applicable scientific publications, public presentations, seminars etc. by citing the publication under which this Software code was published. 7.3 This Licence does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. 7.4 Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect. 7.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 7.6 These Licence terms are governed by English law and you can bring legal proceedings in respect of the Software in the English courts only.