303 lines
11 KiB
Plaintext
303 lines
11 KiB
Plaintext
Use mail to post@cmbi.kun.nl for questions, problems and/or remarks.
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For urgent problems call: 024-365-3322.
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Users employed by non-academic, for-profit organisations are required to receive authorization to download and use MOLDEN.
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Print, complete, sign and fax the license agreement to:
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CMBI
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Secr. office
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Fax: +31 (0)24 3652977
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The license fee is US$ 1000.
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A duly signed copy of the license agreement and an invoice will be returned by mail to licensee.
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MOLDEN Software license agreement.
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----------------------------------
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AGREEMENT, effective as of ...................................... ,
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between The CMBI at the University of Nijmegen, The Netherlands
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("CMBI") and ....................................................
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("Licensee").
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WHEREAS, the CMBI through the work of Drs. G. Schaftenaar has
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developed certain computer software and Licensee desires to use that
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software,
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NOW, THEREFORE, the parties agree as follows:
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1. License and Title
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-----------------
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a. Subject to the terms and conditions hereinafter set forth,
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CMBI hereby grants a perpetual, nonexclusive and non-transferable
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license (the "License") to Licensee to use the computer software package
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known as MOLDEN, which is described more fully in Schedule A
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hereto (the "Software"). This Agreement shall not transfer any title or
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ownership rights in the Software, including intellectual property rights
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embodied therein, which shall at all times remain with CMBI. The
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License is granted on the conditions that the Software will be used
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solely by Licensee and its departmental employees in its laboratory
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located in ...................................................
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...................................................
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("Licensee
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Department") for research and/or teaching purposes, and that neither the
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Software, its documentation, the related codes and data, or any changes,
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additions, modifications, improvements or alterations thereof, whether
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made by CMBI or Licensee, shall knowingly be used by, made available
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to, or disclosed to any other person or entity.
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b. Licensee may not make any copies of the Software, except for use on
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computers owned or leased by Licensee in Licensee Department and one copy
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made for archival or back-up purposes.
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c. Licensee may not change, modify, prepare derivative works from, add
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to, or improve the Software without CMBI's prior written consent.
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Licensee may not reverse engineer, decompile, disassemble, or take any
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other steps to derive a source code equivalent of the Software.
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d. If this License is terminated for any reason whatsoever, Licensee
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will destroy all copies of the Software, and in either event, certify in
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writing that it has done so and has not retained any copies.
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e. The Software may be used by Licensee on only one or more computers
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that it owns and leases in Licensee Department. Licensee shall provide
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CMBI promptly with the location and identification of such machines,
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upon CMBI's request.
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2. Delivery of Software
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--------------------
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a. Within a period of 3 days of the date or this Agreement, CMBI
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shall provide the Licensee with a password giving access to the directory
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from which a copy of MOLDEN, more fully described in
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Schedule A, can be FTP'ed to the Licensee's computer.
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b. It is understood that CMBI will provide no maintenance or
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installation services of any kind hereunder. CMBI, in its sole
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discretion, will use reasonable efforts to assist Licensee in correcting
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errors brought to CMBI's attention by Licensee, except that
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CMBI will not be considered in breach of this Agreement if it is
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unable to do so.
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3. Software charges.
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----------------
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a. Licensee shall pay to CMBI, upon invoice and within 30 days of
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the date of this Agreement a fee of $(U.S) 1000.
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b. In addition to the fee set forth in section 3a above, Licensee
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shall pay any and all taxes and other costs which may be imposed as a
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result of this Agreement or activities hereunder.
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4. Confidentiality; Protection of Software and CMBI Information.
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-----------------------------------------------------------------
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a. Licensee agrees that the Software and related materials shall be
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held in confidence and are being provided by CMBI for the exclusive
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use of Licensee. Licensee will be responsible for maintaining and
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securing on behalf of CMBI the Software and related materials in its
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possession or under its control. Licensee
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(i) will protect the Software and related materials in the same manner
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that it protects its own confidential information;
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(ii) will knowingly permit access to the Software only to its authorized
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employees and/or students designated by Licensee to use and maintain the
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Software and will inform authorized employees and students who will have
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access to the Software of the obligations of confidentiality under this
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Agreement;
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(iii) except as permitted by section 1b above, will not duplicate all or
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any part of the Software or related materials; and
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(iv) will not remove or destroy any proprietary notice on the Software or
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related materials.
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b. Any termination of this Agreement and the License hereunder shall
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not Licensee's obligations of confidentiality under this section 4.
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5. Disclaimer of Warranties.
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-------------------------
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a. While the Software has been tested for accuracy and proper
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functioning, CMBI disclaims any responsibility for the accuracy or
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correctness of the Software or for its use or application by Licensee.
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b. CMBI is licensing the Software to Licensee on an "as is"
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basis. CMBI makes no representation or warranty, either express or
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implied, of any kind, and hereby expressely disclaims any warranties,
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representations or guarantees of any kind as to the software, including
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but not limited to, any warranties of merchantability, adequacy or
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suitability of the software for any particular purpose or to produce any
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particular result, and any warranties of freedom of infringement of any
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patents, copyrights, trade secrets or other rights of third parties.
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CMBI or its employees shall not have any liability to Licensee or
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any other person arising out of the use of the Software by Licensee for
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any reason, including but not limited to the unmerchantability,
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inadequacy or unsuitability of the software for any particular purpose or
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to produce any particular result, or the infringement of any patents,
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copyrights, trade secrets or other rights of third parties, for any
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latent defects therein or the failure of CMBI to provide Licensee
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with any modifications or changes in the Software.
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c. In no event will CMBI or its employees be liable to Licensee
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or to any other party for any loss or damages, incidental, consequential,
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indirect or other wise, including, but not limited to time, money, or
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good will, arising from the use or operation of the Software by Licensee.
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In no event shall CMBI's liability to Licensee execeed the payments
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made by Licensee pursuant to this Agreement.
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6. Indemnity.
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-------------
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Licensee shall hold harmless, defend and indemnify CMBI and its
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employees, from and against any damages, suits, claims,liabilities, costs,
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and expenses (including actual attorneys' fees), of any type whatsoever,
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arising out of or relating to, directly or indirectly, the improper, unauthorized,
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negligent or wrongful use or operation of the Software by Licensee. Licensee shall
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reimburse Licensor for any costs incurred by Licensor in enforcing this provision.
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7. Use of Name.
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---------------
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Licensee will not use the name of the CMBI Center or the name of
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any of its employees for any purpose whatsoever without CMBI's
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written consent.
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8. Termination.
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---------------
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a. CMBI may terminate this Agreement and the License granted
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hereunder upon 30 days written notice of Licensee's material breach of
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the Agreement and Licensee's failure to cure the breach within 30 days of
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receipt of said notice.. Sections 4, 6 and 7 shall survive the
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termination or expiration of this Agreement.
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b. Licensee may terminate this Agreement and the License hereunder
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upon 30 days written notice to CMBI; such termination will be
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effective upon compliance with Section 1d above.
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9. General Provisions.
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----------------------
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a. Notice. Any notice or other communication required or permitted to
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be given under this Agreement shall be sufficient if in writing and shall
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be considered given when mailed by registered mail or electronic fax to
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the parties at the following addresses:
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If to CMBI:
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Director CMBI Center
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CMBI Center
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Faculty of Science
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University of Nijmegen
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Toernooiveld 1
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6525 ED Nijmegen, The Netherlands
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If to Licensee:
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...............................
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...............................
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...............................
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...............................
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...............................
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...............................
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b. Assignment. This Agreement and all rights and obligations
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hereunder may not be assigned, sublicensed or transferred by
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Licensee without the prior written consent of CMBI.
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c. Governing Law. This Agreement shall be governed by Dutch Law
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applicable to agreements made and to be performed in The Netherlands.
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d. Entire Agreement; Amendment. This Agreement sets forth the entire
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agreement between the parties and superseeds all previous agreements,
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written, or oral, concerning the subject matter thereof. This Agreement
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may not be changed or terminated orally.
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IN WITNESS WHEREOF, the parties hereto have duly executed this
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Agreement as of the day and year written below:
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CMBI Center:
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By: .................................
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G. Schaftenaar (on behalf of Prof. G. Vriend, director)
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date: ...................
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Licensee:
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By: .................................
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Name: ................................
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Title: ...............................
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date: ...................................
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------------------------------------------------------------------------------
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SCHEDULE A.
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-----------
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MOLDEN.
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An interactive visualization program for chemical structures, orbitals,
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total electron density, difference density, and electrostatic potential,
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ESP charges and Distributed Multipole Analysis.
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MOLDEN reads output from the ab-initio programs Gaussian, Gamess-US and
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Gamess-UK. In addition it reads chemx, PDB, a variety of mopac/ampac files
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and cartesian Xmol format.
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The X-window version of MOLDEN supports interactive creation and
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inspection of Z-matrices.
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Molden supports generation and display of secondary structure
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information of protein structures.
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MOLDEN supports contour plots, 3-d grid plots with hidden lines and
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a combination of both. It can write a variety of graphics instructions;
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XWindows, tektronix4014, hpgl, postscript, hp2392 and Figure.
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MOLDEN is supplied for downloading as executable code for a variety of
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platforms or source code if for the platform required there is no executable
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code available.
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