Mapping-Files Software License
for non-commercial scientific research purposes
Please read carefully the following terms and conditions and any accompanying documentation before you download, install and/or use the Mapping-Files Software (the "Software"). By downloading, installing and/or using the Software, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them. If you do not agree with these terms and conditions, you must not download, install and/or use the Software.
The Software has been developed at the Max Planck Institute for Molecular Plant Physiology (hereinafter "MPI") and is owned by and copyrighted proprietary material of the Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. (hereinafter “MPG”; MPI and MPG hereinafter collectively “Max-Planck”).
Max-Planck grants you a non-exclusive, non-transferable, free of charge right:
- To install the Software on computers owned, leased or otherwise controlled by you and/or your organisation;
- To use and execute the Software for the sole purpose of performing internal non-commercial scientific research.
- To modify the Software in order to adapt the Software to your IT-infrastructure and/or your scientific needs.
Any other use, in particular any use for commercial purposes, is prohibited. The Software may not be made available in any form to any third party without Max-Planck’s prior written permission.
If you modify and/or improve the Software in the course of your internal scientific research, you shall inform Max-Planck accordingly, and grant Max-Planck a non-exclusive, worldwide, irrevocable, royalty-free license to any such modifications and improvements. Max-Planck shall be entitled to use such modifications and improvements, and to distribute such modifications and improvements together with the Software and any future updates/upgrades of the Software. Max-Planck will reference your contribution appropriately.
Publications of work performed using the Software shall properly acknowledge the use of the Software as well as its development by Max-Planck. You shall also clearly identify the Software used by you by naming the Software’s version number. Furthermore, any modifications of the Software made by you shall be precisely specified. This is essential in order to ensure (for Max-Planck and any third parties) comparability of results published by different users.
Disclaimer of Representations and Warranties
You expressly acknowledge and agree that the Software results from basic research, is provided “AS IS”, may contain errors, and that any use of the Software is at your sole risk. MAX-PLANCK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SOFTWARE, NEITHER EXPRESS NOR IMPLIED, AND THE ABSENCE OF ANY LEGAL OR ACTUAL DEFECTS, WHETHER DISCOVERABLE OR NOT. Specifically, and not to limit the foregoing, Max-Planck makes no representations or warranties (i) regarding the merchantability or fitness for a particular purpose of the Software, (ii) that the use of the Software will not infringe any patents, copyrights or other intellectual property rights of a third party, and (iii) that the use of the Software will not cause any damage of any kind to you or a third party.
Limitation of Liability
Under no circumstances shall Max-Planck be liable for any incidental, special, indirect or consequential damages arising out of or relating to this license, including but not limited to, any lost profits, business interruption, loss of programs or other data, or all other commercial damages or losses, even if advised of the possibility thereof.
No Maintenance Services
You understand and agree that Max-Planck is under no obligation to provide either maintenance services, update services, notices of latent defects, or corrections of defects with regard to the Software. Max-Planck nevertheless reserves the right to update, modify, or discontinue the Software at any time.