License¶

LICENSE OF THE S/PHI/nX PACKAGE¶

A. DEFINITIONS¶

1."The S/PHI/nX package" is:
the suite of software but also all other files such as documentations, scripts, and ancillary support material distributed as a single entity. This License covers the entirety of said data.

2."The Distributors" are:
Sixten Boeck Christoph Freysoldt Joerg Neugebauer

3."The copyright holder" is:
Max-Planck-Institute fuer Eisenforschung, GmbH

B. NO WARRANTY¶

1.There is no warranty for any part of the S/PHI/nX package.

2.The S/PHI/nX package is provided by the Distributors "as-is" without warranty of any kind.

3.In no event shall the Distributors or the Copyright Holder be liable for any direct, indirect, incidental, special, exemplary, or consequential damages
(including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory
of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of
the possibility of such damage.

4.The entire risk as to the quality or performance of the program, or any action the Licensee may take based on the output of any part of the S/PHI/nX package, is with the Licensee.

C. LIMITATION OF USAGE¶

1.The use of the S/PHI/nX package under the present License is restricted solely to academic institutions (including universities and non-military public research laboratories) and to academic purposes, i.e., leading to open publication of results, with neither withhold of information nor intentional delay in publication.

2.Notwithstanding these general definitions, the Distributors reserve the exclusive right to determine what purposes and institutions are elegible for using the S/PHI/nX package under this License, and to withhold the right to use the S/PHI/nX package where they are not satisfied that either condition is fulfilled.

3.The Licensee is hereby provided with a non-exclusive, royalty-free right to use any part of the S/PHI/nX package, and to display, publish, perform, or otherwise use results obtained by use of the S/PHI/nX package in any form, subject to the restriction that in any paper or other academic publication containing results wholly or partially derived from the results of use of the S/PHI/nX package, the following paper must be cited in the normal manner:

    The object-oriented DFT program library S/PHI/nX
    S. Boeck, Ch. Freysoldt, A. Dick, L. Ismer, J. Neugebauer,
    Comp. Phys. Commun. 182, 543 (2011)

4.New features which will be implemented in future releases of the S/PHI/nX package will be documented in additional feature papers. If these new features have been used for a academic publication the corresponding feature papers have to be cited along with the original S/PHI/nX paper mentioned in (C.3). The list of additional feature papers is updated by the Copyright Holder.

5.Every work derived from any part of the S/PHI/nX package must visibly pay credit to the S/PHI/nX package and must retain the above citation clause (C.3) to the licensee of the derived work.

6.All advertising materials mentioning features or use of the S/PHI/nX package or its derived works must display the following acknowledgement:

7.Neither the name of the Max-Planck-Institut fuer Eisenforschung GmbH nor the names of the Distributors may be used to endorse or promote products derived from the S/PHI/nX package without specific prior written permission.

D. COMMERCIAL USAGE¶

1.The present license excludes any commercial usage.

2.Commercial usage implies all other uses than defined in C1, notably

a. use in companies for profit,
b. asking or accepting payment from third-party sources for results obtained by the S/PHI/nX package
c. commercially distributing the S/PHI/nX package as a whole or in parts
d. or commercially distributing work derived from the S/PHI/nX package.

Clarification: Third-party funded research projects carried out in academic institutions are usually not considered commercial usage if the results are published according to common academic practice.

3.A commercial distribution of parts of the S/PHI/nX package may be allowed if the development of the derived work is sufficiently substantial. Commercial distribution of the S/PHI/nX package or parts of it requires the written permission of the Max-Planck-Institut fuer Eisenforschung GmbH.

E. REDISTRIBUTION¶

1.Redistributions of any part of the S/PHI/nX package must retain the present license terms including the advertising clauses (C.3 - C.5).

2.Everyone is permitted to copy and distribute verbatim copies of this License document, but changes are not permitted.

3.Modifications of these license terms for any derived work may be allowed and require the written permission of the Max-Planck-Institut fuer Eisenforschung GmbH.
An individual license for commercial use may be obtained from the Copyright Holder.

F. SUPPORT¶

1.The present License does not imply support services of any kind to the Licensee by the Distributors, including, but not limited to, installation, compilation and use of the software in the package.

G. ALL OTHER RIGHTS¶

1.All other rights not explicitly mentioned in this document are reserved.

2.In particular, the Distributors reserve all rights to resolve any and all conflicts arising in the development and distribution policies of the S/PHI/nX package.

3.Without a valid License, a prospective Licensee does not have the right to use or modify the S/PHI/nX package.

H. BINARIES¶

1.The Distributors may provide compiled versions (binaries) of the S/PHI/nX package. The use of binaries is covered by this License with additional restrictions as specified below.

2.3rd-party material contained in binary versions may only be used in conjunction with the S/PHI/nX binaries provided. It may not be used for other purposes.

3.The Distributors of the S/PHI/nX package give no warranty whatsoever (as described in paragraph B of this License) for 3rd-party material included in binary packages. Likewise, distributors of 3rd-party material are held free from any liability arising from the use of any material provided in the binary package. The full risk is with the Licensee.

4.Binary packages must not be used if the potential Licensee is prohibited from using any contained material by law or by the Distributors of 3rd-party material. If such a conflict occurs, any material obtained and copies thereof must be destroyed. The Licensee will indemnify, hold harmless, and defend the Distributors from and against any claims or lawsuits, including attorney's fees, that arise or result from prohibited use of 3rd-party material.

5.Binaries must not be modified, reverse engineered, decompiled, or disassembled.

6.Redistribution of binary versions is prohibited.