IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity) and The CUCKOO Workgroup, which covers your use of Group-based Prediction System and related software components ("Software Product" or Group-based Prediction System).

A software license ("Software Product License"), issued only by The CUCKOO Workgroup or its authorized agents to a designated user may be required according to the following agreement.

If you do not agree to the terms of this EULA, then do not download, install or use the Software Product or the Software Product License. By explicitly accepting this EULA you are acknowledging and agreeing to be bound by the following terms:

1. GRANT OF LICENSE

The Software Product is owned by The CUCKOO Workgroup. It is licensed, not sold. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The CUCKOO Workgroup reserves all intellectual property rights, including copyrights and trademark rights.

According to your order, The CUCKOO Workgroup grants you a non-exclusive, non-transferable license to use the Software Product under certain obligations and limited rights as set three in this agreement:


- SINGLE-USER LICENSE: The CUCKOO Workgroup grants the non-exclusive, non-transferable right for a single user to use this Software Product. Each additional user of the Software Product requires an additional Software Product License. You may use each Software Product License on more than one computer system, as long as it is always used by the same user. You may transfer the Software Product License to a different user only if you remove all previous installations completely.

- SITE LICENSE: The CUCKOO Workgroup grants the non-exclusive, non-transferable right to install and use this Software Product on an arbitrary number of computer systems on one site (a company or an organization).


The CUCKOO Workgroup issues a Software Product License that allows you to use the Software Product accordingly. You may not disclose the Software Product License in any way.

Backup Copy: You may make copies of the Software Product and the Software Product License as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.

2. LICENSE TO DISTRIBUTE REDISTRIBUTABLE FILES

The CUCKOO Workgroup grants you a non-exclusive, non-transferable, limited license to distribute all parts of Group-based Prediction System that are automatically included in files generated with Group-based Prediction System without fee ("royalty-free") provided that:

- You distribute these files only within the unmodified files generated by Group-based Prediction System

- You don't manually include any other part of Group-based Prediction System in generated files and don't violate any other part of this agreement or third-party rights

- You do not remove or alter any proprietary legends or notices contained in or on the redistributables

- You only distribute the redistributables with a license agreement that protects The CUCKOO Workgroup' interests consistently with the terms contained in this agreement

- You agree to defend and indemnify The CUCKOO Workgroup from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any redistributable files.

3. SUPPORT SERVICES

The CUCKOO Workgroup may provide you with support services related to the Software Product according to your order. Use of any such support services is governed by policies described on The CUCKOO Workgroup' web site(http://gps.biocuckoo.org).

Any supplemental software code or related materials that The CUCKOO Workgroup provides to you as part of the support services, in periodic updates to the Software Product or otherwise, is to be considered part of the Software Product and is subject to the terms and conditions of this EULA.

With respect to any technical information you provide to CUCKOO Workgroup as part of the support services, The CUCKOO Workgroup may use such information for its business purposes without restriction, including for product support and development. The CUCKOO Workgroup will not use such technical information in a form that personally identifies you without first obtaining your permission.

4. RESTRICTIONS

You may not use, copy, or distribute the Software Product, except as granted by this EULA, without written authorization from The CUCKOO Workgroup.

You may not give the program to third parties or grant licenses on software, which include the Software, alone or integrated into other software, to third parties. Modification of the source code is prohibited without the prior written consent of The CUCKOO Workgroup. 

You may not tamper with, alter, or use the Software Product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities.

You may not remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software Product. You may not modify or create derivative copies of the Software Product License.

You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the Software Product to third parties without The CUCKOO Workgroup' written approval, and subject to written agreement by the recipient of the terms of this EULA.

The Software Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, in which the failure of the Software Product, or any software, tool, process, or service that was developed using the Software Product, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, The CUCKOO Workgroup and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that The CUCKOO Workgroup and its suppliers and licensors will not be liable for any claims or damages arising from the use of the Software Product, or any software, tool, process, or service that was developed using the Software Product, in such applications.

5. THIRD PARTY RIGHTS

Any software provided along with the Software Product that is associated with a separate license agreement is licensed to you under the terms of that license agreement. This license does not apply to those portions of the Software Product. Copies of these third party licenses are included in all copies of the Software Product.

6. LIMITED WARRANTY

You acknowledge that software cannot be completely error-free. The CUCKOO Workgroup disclaims all warranties regarding non-severe deviations of the advertised features of the Software Product.

The limitation period is one year, if not otherwise regulated by law, and starts with the service provision.

To the maximum extent permitted by applicable law, The CUCKOO Workgroup and its third party suppliers and licensors disclaim all other representations, warranties, and conditions, expressed, implied, statutory, or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. The entire risk arising out of use or performance of the software product remains with you.

7. LIMITATION OF LIABILITY

This limitation of liability is to the maximum extent permitted by applicable law. The CUCKOO Workgroup is liable to indemnity only according to the following terms:

The CUCKOO Workgroup is fully liable in case of intention, gross negligence, loss from physical injury, severe organizational failure or in case of an acceptance of guarantee.

Liability for slight negligence is limited to material breach of contractual obligations and in that case to the typically predictable loss. Any further liability is excluded. Contributory negligence of the licensee and other parties will be taken into account. Any liability under the terms of product liability laws remains unaffected.

You agree to ensure that a data backup is performed on all computers that the Software Product or redistributable parts of it are used on. In case of loss of data, liability is limited to the cost that would arise in the case where a proper backup has been performed.

The limitation period is one year, if not otherwise regulated by law, and starts with the service provision.

Any limitation of The CUCKOO Workgroup' liability also applies to your staff, agents and associated companies.

8. GENERAL

The CUCKOO Workgroup may terminate this EULA if you fail to comply with any term or condition of this EULA. In such event, you must destroy all copies of the Software Product and Software Product Licenses.

This EULA is governed by the laws of China. Exclusive jurisdiction and place of performance is Anhui, China, as long as permitted by applicable law. The United Nations Convention for the International Sale of Goods shall not apply.

This EULA is the entire agreement between The CUCKOO Workgroup and you, and supersedes any other communications or advertising with respect to the Software Product; this EULA may be modified only by written agreement signed by authorized representatives of you and The CUCKOO Workgroup.

If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect.

All rights not expressly granted in this agreement are retained by The CUCKOO Workgroup.

9. CONTACT INFORMATION

If you have any questions about this EULA, or if you want to contact The CUCKOO Workgroup for any reason, please send email to xueyu@mail.hust.edu.cn or renjian.sysu@gmail.com

