							SICS 89 023
 							89-09-15
 							(research)
 
The SPIMS software is covered by the following license. Use of the 
SPIMS software represents acceptance of these terms and conditions.
 
 
SPIMS SOFTWARE AGREEMENT
between Swedish Institute of Computer Science, Box 1263, S-164 28
Kista, Sweden, (hereinafter referred to as SICS), and the User, hereinafter 
referred to as "the LICENSEE".
 
1.	Definitions 
As used in this Agreement: "Software" shall mean the "Source Code" of
SPIMS version 2.0, dated 1989-09-15.
 
2.	Right to use the Software
2.1	SICS hereby grants to the LICENSEE a non-transferable,
non-exclusive right to use the Software for the purpose stated in
Article 3, inaccordance with the provisions of this Agreement.
2.2	The LICENSEE may not grant any right to the Software to any
third party.
 
3.	Purpose 
3.1 LICENSEE acknowledges that the software is a research tool still
in the development state, that is being supplied "as is", without any
accompanying services from SICS, and that this license is entered into
in order to encourage scientific collaboration aimed at further
development and application of the software.
 3.2	The LICENSEE may use the Software only for the purpose of
research within the LICENSEE's ordinary field of activities. This
means that the Software or a copy hereof may not be used as a basis
for or in design of a commercial software or hardware product nor
shall it be employed by the LICENSEE for any commercial purposes
whatsoever.  
3.3	Upon request, the LICENSEE shall inform SICS about his
experiences from the use of the Software.
 
4.	Ownership
SICS is and shall remain sole and exclusive owners of the Software,
the ownership being distributed according to a separate agreement.
 
5.	Protection of the Software
The LICENSEE represents that the LICENSEE or its employees shall not
provide or otherwise make available any Software or portion thereof in
any form (including derivative programs) to any third party, and shall
keep such materials in confidence.  Furthermore the LICENSEE
represents that the LICENSEE or its employees shall not copy,
reproduce or modify the Software, not even for personal use, except as
allowed pursuant to Article 6. The LICENSEE shall limit the
availability of the Software to those employees who need to have
access thereto in accordance with this Agreement.
 
6.	Copies and Modifications
6.1	The LICENSEE is entitled to make copies of the Software for
use in accordance with clause 3 above. The LICENSEE shall furnish each
copy with proprietary marks and symbols identical to those affixed to
the Software. The LICENSEE may not make any copy available outside the
LICENSEE's premises.
6.2	The LICENSEE may modify, update, improve, correct, or alter
the Software in accordance with this Agreement. Such modifications,
updates, improvements, corrections or alterations made by the LICENSEE
shall become the property of the LICENSEE.
6.3	The LICENSEE hereby grants SICS a non-exclusive right to use said
modifications,updates, improvements, corrections or alterations free
of charge and the LICENSEE will also free of charge supply to SICS
copies of any modifications, updates, improvements, corrections or
alterations. SICS shall have the right to grant sub-licences with
respect to the rights acquired in accordance with this Agreement.
 			
7.	Service and information
Unless the parties otherwise agree, SICS shall not be required to
provide to the LICENSEE any installation services, technical
assistance, maintenance support, supplementary information,
improvements or modifications for or in respect of the Software.
 
8.	Limitation of liability, industrial property rights etc.
8.1	SICS does not assume any responsibility whatsoever with
respect to functioning, design, material or workmanship of the
Software.
8.2	(i) SICS shall not be liable to the LICENSEE for any loss or
damage whatsoever or howsoever caused arising directly or indirectly
in connection with this Agreement, the Software, its use or otherwise.
 	(ii)	Notwithstanding the generality of (i) above, SICS
expressly excludes liability for consequential loss or damage which
may arise in respect of the Software, its use, the system or in
respect of other equipment or property, or for loss of profit,
business, revenue, goodwill or anticipated savings.
8.3	To the best of SICS's knowledge the Software or the use
thereof does not infringe any third party's property rights. Third
party's software rights are affixed to software when it applies. SICS
shall have no responsibility for any claims or infringements of
patents, trade marks, industrial designs, copyrights or other property
rights affecting the LICENSEE's use of the Software.
 
9.	Assignment
The rights granted under this Agreement may not be assigned or
transferred without the prior written consent of SICS.
 
10.	Term and Termination
10.1	Use of the software represents acceptance of this agreement.
The rights granted herein for the Software shall remain in force until
the LICENSEE discontinues to use the Software.
10.2	SICS may terminate this Agreement immediately if the LICENSEE
commits a material breach of any provision of this Agreement. Any use
or disposal of the Software that is not expressly permitted under this
Agreement is considered as a material breach of the Agreement.
10.3	Immediately upon termination of this Agreement, the LICENSEE
shall destroy the original and all such copies and certify such
destruction to SICS.
 
11.	Applicable law
This Agreement shall be governed by Swedish law.
 			 
12.	Arbitration 
12.1	Any dispute or difference arising out of or in connection with
this Agreement which cannot be settled amicably shall be finally
settled by arbitration in accordance with the Rules of the Arbitration
Institute of the Stockholm Chamber of Commerce by three arbitrators to
be appointed under the terms of these Rules.
12.2	The arbitration proceedings shall be conducted in English if
not both parties use Swedish as their mother tongue.
