GeneCoder License
GeneCoder is free Software written and Designed by Greg Cope. GeneCoder is free to the Scientific Community - commercial, governmental, or academic. By using GeneCoder, you the user must agree to the following Software License. It is important that you read carefully the following agreement.
1) Copyright and Trademark Notices:
Genecoder is Copyright © 2003-2009 Greg Cope. All Rights Reserved. Online support, documentation, illustrations, and trademarks are © 2003-2009 Greg Cope. All right reserved.
By using and/or distributing GeneCoder, you agree to the following:
END USER LICENSE: Greg Cope grants you a non-exclusive, transferable license a non-exclusive, transferable license to use its accompanying software product known as "GeneCoder 2.2" and any accompanying documentation provided by Greg Cope, and
documentation are collectively referred to as the "Software") on
the following terms. You may:
a. use the Software on any computer in your possession;
b. make copies of the Software; and
c. distribute the Software (subject to the requirements of Section 3
below) only in the form originally furnished by Greg Cope with no
modifications or additions whatsoever. If you have the slightest
doubt that your copy of the Software is not original, you must
contact Greg Cope for an original copy.
YOU MAY NOT MODIFY OR OTHERWISE PREPARE DERIVATIVE WORKS OF THE SOFTWARE.
2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject
to the following restrictions:
a. The Software is to be used only for scientific purposes unless you obtain Greg Cope's prior written consent. Prohibited purposes include, but are not limited to:
(i) Using, distributing, or copying the Software in a for-profit manner.
(ii) Licensing or renting the software to third parties for a fee (by payment of money or otherwise, whether direct or indirect).
b. You shall use your best efforts to promptly notify Greg Cope upon learning of any violation of the above restrictions.
c. On each copy of the Software you must conspicuously and appropriately reproduce Greg Cope's copyright notices (see Software for examples of such notices) and disclaimer of warranty; keep intact this Agreement and all notices that refer to this Agreement or any absence of warranty (whether written or
interactively displayed); and give any other recipients of the Software a copy of this Agreement.
d. You may not modify or otherwise prepare derivative works of the Software.
e. In order to preserve the value of the Cope Software name and/or any trademarks, service marks, trade dress adopted and/or used by Greg Cope[from time to time, you shall not make use of any of them for any reason (e.g., with respect to an Additional File, in advertising, marketing your own products, press releases, or other publicity) except solely as may be expressly authorized by this Agreement or by the prior written consent of Greg Cope.
f. Greg Cope, in his sole and absolute discretion, may have included a portion of the source code or online documentation of the Software. Except for any such portions, you shall not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM, except to the extent this restriction is prohibited by applicable law.
3. DISTRIBUTION: As used in this Agreement, the term "distribute" (and its variants) includes making the Software available (either intentionally or unintentionally) to third parties for copying or use, including providing timeshare access. Each time you distribute the Software, the recipient must expressly agree to comply with these terms and conditions. The recipient automatically receives this license to use, copy, or distribute the Software subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance with this Agreement by recipients.
4. TITLE. Title, ownership rights, and intellectual property rights in and to the Software, and each copy thereof (including all copyrights therein), shall remain to Greg Cope. The Software is protected by the copyright laws of the United States and international copyright treaties.
5. NO OBLIGATION. You are solely responsible for all of your costs and expenses incurred in connection with the distribution of the Software, and Greg Cope shall have no liability, obligation or responsibility therefor. Greg Cope shall have no obligation to provide maintenance, support, upgrades or new releases to you or to any distributee of the Software.
6. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS NO WARRANTY FOR THE SOFTWARE. Greg Cope PROVIDES THE SOFTWARE "AS IS," AND GREG COPE, his DISTRIBUTORS AND SUPPLIERS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE, DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU AND YOUR DISTRIBUTEES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT GREG COPE) ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. GREG COPE MAKES NO WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL GREG COPE, HIS DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF GREG COPE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
8. INDEMNIFICATION. You and your distributees shall defend, indemnify and hold harmless Greg Cope, his distributors and suppliers, and all other persons who have been involved in the creation, production, or delivery of the Software, from any claim, demand, liability, damage award, suit, judgment, or other legal action (including reasonable attorney's fees) arising out of your use, distribution, modification, or duplication of the Software or Additional Files.
9. TERMINATION. The license granted hereunder is effective until terminated by Greg Cope. You may terminate it at any time by destroying the Software. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software. The termination of your license will not result in the termination of the licenses of any distributees who have received rights to the Software through you so long as they are in compliance with the provisions of this Agreement.
10. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country in violation of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country.
11. U. S. GOVERNMENT USE. The Software and any accompanying
documentation are deemed to be "commercial computer software" and
"commercial computer software documentation," respectively,
pursuant to DFAR Section 227.7202 and FAR Section 12.212, as
applicable. Any use, modification, reproduction, release,
performing, displaying or disclosing of the Software and
accompanying documentation by the U.S. Government shall be
governed solely by the terms of this Agreement and shall be
prohibited except to the extent expressly permitted by the terms
of this Agreement.
12. MISCELLANEOUS. This Agreement represents the complete agreement
concerning this license between the parties and supersedes all
prior agreements and representations between them. It may not be
amended. If any provision of this Agreement is held to be
unenforceable for any reason, this Agreement shall terminate. This
Agreement shall be governed by and construed under California law
as such law applies to agreements between California residents
entered into and to be performed within California, except as
governed by U.S. federal law. The application of the United
Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. Address all correspondence regarding
this license to:
ATTENTION: READ CAREFULLY! By using, copying, or distributing the
accompanying software you indicate your acceptance of the above End User License Agreement.


