Subject: Re: CCL:Gaussian 98 benchmark for PC systems

From: Richard Walsh <[email-masked]>
Date: Mon, 10 Dec 2001 11:07:04 -0600 (CST)

Jen-Shiang Kenny wrote:

>Dear Listers,
>
>        We have got the information from Gaussian Inc. that distributing the
>modified version of makefile or the instructions is violation to the licence
>agreement.
>

What about a simple description of how to do it without
any lines directly copied from the file? That is your
intellectual property which I assume that you are free
to distribute?

Regards,

Richard Walsh
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---

From: Serguei Patchkovskii <[email-masked]>
Date: Mon, 10 Dec 2001 14:04:47 -0500

> intellectual property which I assume that you are free

I draw your attention to the following paragraph of the Gaussian licence
agreement (as posted at: http://www.hpcvl.org/faqs/g98license.html):

5.GAUSSIAN retains all ownership rights in the Software delivered to LICENSEE, 
  and LICENSEE recognizes and agrees that it does not acquire by this Agreement 
  any ownership rights, including copyright rights, in the Software delivered 
  to LICENSEE by GAUSSIAN. Further, LICENSEE recognizes and agrees that it will 
  have no ownership rights, including copyright rights, in any of the 
  modifications made to the Software by LICENSEE, or in the Software as 
  modified by LICENSEE, and that all such rights will belong exclusively to 
  GAUSSIAN. LICENSEE hereby assigns and transfers to GAUSSIAN, for all uses 
  and purposes whatsoever throughout the world, all right, title and interest 
  in and to any and all derivative computer programs now or hereafter created 
  by LICENSEE pursuant to or in connection with the license granted herein 
  (the "Derivative Works"), including, but not limited to, all rights of 
  copyright, both domestic and foreign, and any and all other proprietary
  rights in such Derivative Works, subject only to a license back to LICENSEE
  to use such Derivative Works in accordance with this Agreement. LICENSEE 
  further agrees to execute any and all other documents that GAUSSIAN may 
  reasonably require in furtherance of the immediately preceding assignment 
  and transfer.

... that is, all the work you might do with respect to Gaussian, including
any source code changes or additions, and any changes to the compilation 
environment (including Makefiles), belong to Gaussian, Inc. Moreover, if
Gaussian, Inc. decides to terminate your licence agreement, paragrath (7)
of the agreement requires you to destroy all and any source code, which
you might have derived from Gaussian. Moreover, by paragrath (6), you are
not allowed to disclose any of the changes you made, or performance data 
(and, by paragrath (15), doing so may lead to the termination of your 
licence, and the forced destruction of all and any changes you might 
have made to the source code). 

Taken literally, this licence prevents you from even -posting- Gaussian
output to this list (or from providing it as a supplementary information 
in a scientific publication), for two reasons: a) it discloses performance 
data, and b) the output may prove to be of use to one of Gaussian, Inc.
competitors.

Serguei

---
Dr. Serguei Patchkovskii

Tel: +1-(613)-991-2719
Fax: +1-(613)-947-2838
E-mail: [email-masked]

Research Council Officer
Theory and Computation Group
Steacie Institute for Molecular Sciences
National Research Council Canada
Room 2158, 100 Sussex Drive
Ottawa, Ontario
K1A 0R6 Canada

---

From: "Dr. Peter Burger" <[email-masked]>
Date: Mon, 10 Dec 2001 21:13:38 +0100 (CET)

I agree with Richard but does Gaussian do that as well?
 - I find it ridiculous anyways.

Peter
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