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Academic License Agreement
================================
Introduction
This license agreement sets forth the terms and conditions under which the
authors (see AUTHORS file at https://github.com/ptycho/ptypy/) (hereafter
"LICENSOR") will grant you (hereafter "LICENSEE") a royalty-free, non-exclusive
license for academic, non-commercial purposes only (hereafter "LICENSE") to use
the PtyPy package computer software program and associated documentation
furnished hereunder (hereafter "PROGRAM").
Terms and Conditions of the LICENSE
1. LICENSOR grants to LICENSEE a royalty-free, non-exclusive license to use the
PROGRAM for academic, non-commercial purposes, upon the terms and conditions
hereinafter set out and until termination of this license as set forth below.
2. LICENSEE acknowledges that the PROGRAM is a research tool still in the
development stage. The PROGRAM is provided without any related services,
improvements or warranties from LICENSOR and that the LICENSE is entered into in
order to enable others to utilize the PROGRAM in their academic activities. It
is the LICENSEE’s responsibility to ensure its proper use and the correctness of
the results.”
3. THE PROGRAM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF ANY PATENTS, COPYRIGHTS,
TRADEMARKS OR OTHER RIGHTS. IN NO EVENT SHALL THE LICENSOR, THE AUTHORS OR THE
COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DIRECT, INDIRECT OR CONSEQUENTIAL
DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF OR IN CONNECTION WITH THE
PROGRAM OR THE USE OF THE PROGRAM OR OTHER DEALINGS IN THE PROGRAM.
4. LICENSEE agrees that it will use the PROGRAM and any modifications,
improvements, or derivatives of PROGRAM that LICENSEE may create (collectively,
"IMPROVEMENTS") solely for academic, non-commercial purposes and that any copy
of PROGRAM or derivatives thereof shall be distributed only under the same
license as PROGRAM. The terms "academic, non-commercial", as used in this
Agreement, mean academic or other scholarly research which (a) is not undertaken
for profit, or (b) is not intended to produce works, services, or data for
commercial use, or (c) is neither conducted, nor funded, by a person or an
entity engaged in the commercial use, application or exploitation of works
similar to the PROGRAM.
5. LICENSEE agrees that it shall make the following acknowledgement in any
publication resulting from the use of the PROGRAM or any translation of the code
into another computing language:
"Data processing was carried out using the PtyPy reconstruction package
(https://github.com/ptycho/ptypy)."
Additionally, any publication using the package, or any translation of the code
into another computing language should cite the original PtyPy publication:
B. Enders and P. Thibault, A computational framework for ptychographic
reconstructions, Proc. Royal Soc. A 472, 20160640 (2016). (doi:
10.1098/rspa.2016.0640)
as well as the publications pertaining to the algorithms or methods employed
with the package.
6. Except for the above-mentioned acknowledgment, LICENSEE shall not use the
PROGRAM title or the names or logos of LICENSOR in any advertising, promotional
or sales material without prior written consent obtained from LICENSOR in each
case.
7. Ownership of all rights, including copyright in the PROGRAM and in any
material associated therewith, shall at all times remain with LICENSOR, and
LICENSEE agrees to preserve same. LICENSEE agrees not to use any portion of the
PROGRAM or of any IMPROVEMENTS in any machine-readable form outside the PROGRAM,
nor to make any copies except for its internal use, without prior written
consent of LICENSOR. LICENSEE agrees to place the following copyright notice on
any such copies:
© All rights reserved. The PtyPy team, see AUTHORS.
8. The LICENSE shall not be construed to confer any rights upon LICENSEE by
implication or otherwise except as specifically set forth herein.
9. DISCLAIMER: LICENSEE shall be aware that Phase Focus Limited of Sheffield, UK
has an international portfolio of patents and pending applications which relate
to ptychography and that the PROGRAM may be capable of being used in
circumstances which may fall within the claims of one or more of the Phase Focus
patents (see https://www.phasefocus.com/patents). The LICENSOR explicitly
declares not to indemnify the users of the software in case Phase Focus or any
other third party will open a legal action against the LICENSEE due to the use of
the program.
10. This Agreement shall be governed by the material laws of ENGLAND and any
dispute arising out of this Agreement or use of the PROGRAM shall be brought
before the courts of England and Wales.