X-Ray Synchrotron Licence Application
Phase Focus Limited of Sheffield, UK has an international portfolio of patents and pending applications which relate to ptychography. A current list is available here
Phase Focus grants non-commercial, royalty free licences of its patent rights for academic research use, for reconstruction of simulated data and for reconstruction of data obtained at synchrotrons at X-ray wavelengths. These licenses can be applied for below:
APPLICATION FOR ACADEMIC AND RESEARCH NON-COMMERCIAL LICENCE
BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU WILL BE REQUESTING A NON-COMMERCIAL LICENCE FROM PHASE FOCUS LIMITED, incorporated and registered in England and Wales with company number 5856137, whose registered office is at 125 Wood Street, London, EC2V 7AW (“PHASE FOCUS”)
IF GRANTED, THE LICENCE WILL BE ON THE TERMS SET OUT BELOW. CLICKING ON “ACCEPT” WILL SIGNIFY YOUR ACCEPTANCE OF THESE TERMS.
IF PHASE FOCUS AGREES TO GRANT YOU A LICENCE, YOU WILL BE NOTIFIED BY EMAIL WITHIN THE NEXT 14 DAYS.
IF YOU DO NOT AGREE TO THE TERMS ON WHICH PHASE FOCUS WILL GRANT A LICENCE, OR DO NOT APPLY FOR A LICENCE, YOU WILL HAVE NO IMPLIED OR EXPRESS AUTHORITY FROM PHASE FOCUS TO USE ANY PRODUCTS OR PROCESSES COVERED BY THE SCOPE OF ITS PATENTS.
TERMS ON WHICH PHASE FOCUS GRANTS NON-COMMERCIAL LICENCES
PHASE FOCUS will grant a non-commercial licence;
- only to the person whose name and address details have been inserted in the licence application form submitted to it by email (referred to as “you” below). Any work colleagues who also propose to use the Patents and the Implementing Software (both of these terms being defined below) must apply separately;
- only for the Permitted Purposes and only in the Field of Use. Any licence is only granted and effective from the date on which Phase Focus provides email confirmation that the licence has been granted (“the Effective Date”).
Commercial Purpose: any use by you of the Patents or Implementing Software where you receive payment, provision of resources or in-kind products, services or information; and/or you collaborate with a commercial person or other commercial entity, and the commercial person or other commercial entity receives, as a result of such use, direct benefit, including derived information, data or analysis.
Field of Use: means;
- The obtaining of data with X-rays at photon energy levels between 124eV and 150KeV only (“the Data”) , using methods, apparatus and computer software as claimed in the Patents, derived from the operation of synchrotron or free electron laser X-ray sources that are large scale national facilities, always excluding data derived from the operation of compact or miniature X-ray sources including:
(ii) free electron lasers;
(iii) laser-driven X-ray sources;
(iv) other X-ray sources;
that are on the scale of a manufacturing facility, laboratory, table-top or smaller.
- Analysing (including without limitation researching, processing, manipulating, transforming, handling, storing, interrogating or other dealing in) and reconstructing the Data.
Implementing Software:Any software (and accompanying documentation) which comprises any of the means, relating to an essential element of the invention, for putting one or more of the Patents into effect, whether or not such software is developed or distributed by Phase Focus.
Licensed Rights: The rights to use the Patents in the territories where protection has been granted or is being sought in relation to the Patents.
Licensed Synchrotron: A synchrotron which has obtained a licence for use of the Licensed Rights from Phase Focus.
Patents: The patents and patent applications identified in Appendix 1 as may be updated by Phase Focus from time to time.
Permitted Purposes means:
- any use in connection with academic and/or research and/or experimental activity, whether individually or in collaboration with others (provided always that such use does not constitute any Commercial Purpose);
- sharing, updating, downloading, developing or exchanging the Implementing Software for the purposes of academic and/or research and/or experimental activity, provided the same is done by means of a Permitted Distribution and Hosting Method;
- Any uses which are otherwise permitted by the provisions of s60(5) of the United Kingdom Patents Act 1977, irrespective of the Field of Use.
Permitted Distribution and Hosting Method: Any software repository in which user access is controlled by an administrator, the purpose of which is to permit academics and non-commercial researchers to post, share, update, develop, exchange, collaborate on and download software for academic, research and experimental purposes and which;
- is password protected; and
- features a Signpost Notice, with reasonable prominence, on the home page of the relevant repository (or other comparable position where the repository architecture does not permit the same provided always that the positioning of the Signpost Notice is such that the reasonable person would expect it to come to the attention of any person seeking to access the repository).
Signpost Notice: A notice in the form attached as Appendix 2, the purpose of which is to bring the existence of Phase Focus’ patent rights to the attention of a reader and to conveniently signpost the reader to a Phase Focus website where a licence under the patent rights may be made available to the reader from Phase Focus.
Phase Focus grants you a non-exclusive royalty-free licence of the Licensed Rights for a period of 3 years to use the Patents for the Permitted Purposes and in the Field of Use. At the expiration of this period, you shall be automatically granted a further 3 year licence on the same terms as this licence, provided that you have not been in material breach of the terms of this licence and you have confirmed to Phase Focus in writing that a further licence is required by you solely for one or more of the Permitted Purposes. Phase Focus will notify you three months prior to the expiry of the licence in order to give you time to provide the appropriate confirmation to it, should a further licence be required.
Obligations and restrictions
- You acknowledge and agree that;
- You are not entitled to transfer or assign the benefit of this licence to any other person nor to grant any form of sub-licence;
- You will not use the Licensed Rights for any purpose other than the Permitted Purposes;
- In the event that you wish to use the Patents for any non-permitted purpose (which would include any Commercial Purpose) you will seek a separate licence from Phase Focus for those uses. Phase Focus shall not be bound to grant a licence to you and, if it offers to do so, shall be entitled to incorporate into the offer of a licence such terms as in its absolute discretion, it thinks fit;
- Whilst Phase Focus recognises that you and your academic colleagues will, for the purposes of research, seek to modify, improve and otherwise develop Implementing Software, you will not distribute any Implementing Software, used by you, irrespective of the source through which you have acquired it save through a Permitted Distribution and Hosting Method.
- Nothing in this Agreement will constitute any representation or warranty that:
- any Patent is valid or (if a patent application) will proceed to grant or, if granted, will be valid; or
- the exercise by you of rights granted under this Agreement will not infringe the rights of any person.
- Phase Focus acknowledges and agrees that:
- Provided that you have complied with the requirements of this Licence, you shall have no liability to Phase Focus arising from your use of the Patents or the Implementing Software.
- Nothing in this licence shall restrict your ability to rely on section 60(5) Patents Act 1977.
- Duration and termination
- This Licence will come into force on the Effective Date and continue, unless terminated earlier in accordance with this Licence, 3 years after the Effective Date.
- Without prejudice to any rights that have accrued under this Licence or any of its rights or remedies, Phase Focus may terminate this Licence immediately by giving written notice to you if any of the following circumstances occurs:
- You commit a material breach of this Licence and (if such breach is remediable) fail to remedy that breach within 42 days of being notified in writing to do so;
- You challenge the validity of or Phase Focus’ entitlement to ownership of any of the Patents in any proceedings, including any court proceedings or proceedings before any Patent Office;
- On expiry or termination of this Licence for any reason all rights and licences granted pursuant to this Licence will cease.
- Termination of this Licence for any reason will be without prejudice to any rights of either party which may have accrued by, at, or up to, the date of termination.
4.1 This Licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by, and construed in accordance with, the law of England.
4.2 You irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Licence or its subject matter or formation (including non-contractual disputes or claims), provided that nothing will prevent either you or Phase Focus from seeking injunctive relief or enforcing any judgement obtained in the courts of England and Wales in a court of appropriate jurisdiction.
Appendix 1 – the Patents
A current list of patents is available here
Phase Focus Limited of Sheffield, UK has an international portfolio of patents and pending applications which relate to ptychography. A current list is available at LINK . Focus grants non-commercial, royalty free licences of its patent rights for academic research use, for reconstruction of simulated data and for reconstruction of data obtained at synchrotrons at X-ray wavelengths. These licenses can be applied for online by clicking on this LINK.
Phase Focus asserts that the software we have made available for download may be capable of being used in circumstances which may fall within the claims of one or more of the Phase Focus patents. Phase Focus advises that you apply for a licence from it before downloading any software from this website.