The following is taken from the current IBM SPSS Academic Agreement and details the permitted use of the software by St George’s staff and students. Failure to adhere to these conditions could result in the university losing its rights to make the software available to its members.
4.1 The control and distribution of SOFTWARE is the responsibility of the Licence Co-ordinator specified in the Quotation.
4.2 SOFTWARE may be used by any of LICENSEE’s academic staff, or currently enrolled students (“PERMITTED USER”) for the purposes set out below in this Clause 4.2 (“LIMITED PURPOSE”) whether or not they are located on the LICENSEE'S premises. For the purpose of this Agreement, LIMITED PURPOSE is restricted to:
i) Teaching and studying.
ii) Academic Research in support of i) above.
iii) Research funded by a Research Council who is a member of Research Councils UK which is for non-commercial purposes.
iv) Other research which is either publicly funded or funded by a registered UK charity and which will be published in the public domain.
4.3 A non-exhaustive list of examples of activities that are not within the LIMITED PURPOSE is as follows:
(i) Training or education of persons who are not PERMITTED USERS;
(ii) Training courses, consultancy or other services given for a fee or other benefit;
(iii) Work of significant benefit to the employer of students on industrial placement or part time courses;
(iv) Research undertaken or published for fee or other benefit (except as permitted in clause 4.2);
(v) Research commissioned by a third party, paid for or funded by a third party or undertaken for a third party (except as permitted in clause 4.2);
(vi) Any activity which is for any commercial purpose including without limit, timesharing, rental, or service bureau use or use for any commercial activities of the LICENSEE.
(vii) LICENSEE administration and operations.
For the avoidance of doubt where research is undertaken as part of a course run by the LICENSEE and where the research has commercial value or it becomes apparent that the research has commercial value, LICENSEE shall not, and shall procure that permitted users do not provide the results of such research to any commercial organization. In such circumstances, the research shall be deemed to have been undertaken for commercial purpose in breach of this Agreement. This does not apply to research undertaken as per Clause 4.2 above which is published in the public domain and where subsequently the research is used by a commercial organization for profit or commercial gain.
4.4 Subject to the provisions in Clause 5 below, home use by PERMITTED USERS is allowed. A PERMITTED USER must obtain a copy of the SOFTWARE and a stand-alone licence code from the Licence Coordinator, specified in the relevant Quotation.
4.5 Without prejudice to Clause 4.2 above any Medical Teaching Hospitals or any NHS organization which are in any way affiliated with the LICENSEE (or any person whilst working for such Hospital or organization) is not permitted to use the SOFTWARE licensed under this Agreement. If SOFTWARE is required by Medical Teaching Hospitals or such NHS organization (or by any PERMITTED USER whilst undertaking work for such organization) a licence may be purchased separately from IBM.
4.6 LICENSEE shall ensure that anyone who uses the SOFTWARE (accessed either locally or remotely or who is provided a copy of the SOFTWARE) complies with the terms of this AGREEMENT.