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SOFTWARE LICENSE AGREEMENT (hereinafter referred to as AGREEMENT) | ||
================================================================= | ||
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This is a legal agreement between you (hereinafter referred to as the LICENSEE) | ||
and the University of Zurich, Rämistrasse 71, 8006 Zurich (hereinafter referred | ||
to as UNIVERSITY OF ZURICH) pertaining to the right to use the software product | ||
“MinVar” (hereinafter referred to as SOFTWARE). Using the SOFTWARE indicates | ||
your acceptance of these terms and conclusion of the Agreement between the | ||
LICENSEE and UNIVERSITY OF ZURICH. | ||
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1. Introduction | ||
--------------- | ||
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1.1 UNIVERSITY OF ZURICH Institute of Medical Virology, Dr. Osvaldo Zagordi | ||
(PRINCIPAL INVESTIGATOR) has developed the SOFTWARE. | ||
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1.2 LICENSEE wishes to obtain a non-exclusive, non-transferable and | ||
royalty-free license of the SOFTWARE for internal non-commercial research | ||
purposes as specified in this AGREEMENT. | ||
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2. Grant/Scope of License | ||
------------------------- | ||
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2.1 UNIVERSITY OF ZURICH hereby grants to LICENSEE a non-exclusive, | ||
non-transferable, royalty-free license to use the SOFTWARE and any related | ||
documentation for internal non-commercial research purposes. Commercial use of | ||
the SOFTWARE requires a separately executed written license agreement. | ||
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2.2 UNIVERSITY OF ZURICH will not provide any services or support in connection | ||
with the SOFTWARE or technical support within the scope of this AGREEMENT. | ||
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3. Permitted Use and Restrictions | ||
--------------------------------- | ||
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3.1 The license granted herein is for the internal non-commercial research | ||
purposes of LICENSEE only. | ||
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3.2 LICENSEE may not duplicate or use the SOFTWARE or its contents to | ||
manufacture or provide products, services or technologies (or portions thereof) | ||
either directly or indirectly for commercialization or for any other direct or | ||
indirect for-profit purposes. | ||
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3.3 LICENSEE agrees to reference the publication: | ||
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_Huber et al._, MinVar: A rapid and versatile tool for HIV-1 drug resistance | ||
genotyping by deep sequencing | ||
Journal of Virological Methods, Volume 240, February 2017, Pages 7-13 | ||
https://doi.org/10.1016/j.jviromet.2016.11.008 | ||
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in any publications reporting use of it or any manual or document. | ||
The LICENSEE is asked to forward to the PRINCIPAL INVESTIGATOR a copy of all | ||
reports and papers that are for public or general release that use the | ||
SOFTWARE. | ||
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4. Warranty Disclaimer | ||
---------------------- | ||
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4.1 THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND UNIVERSITY OF ZURICH MAKES NO | ||
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT | ||
WITHOUT LIMITATION, UNIVERSITY OF ZURICH MAKES NO REPRESENTATIONS OR WARRANTIES | ||
OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE FUNCTIONS | ||
CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE USE OF | ||
THE LICENSED SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY'S | ||
PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. FURTHERMORE, UNIVERSITY OF | ||
ZURICH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE | ||
RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, | ||
RELIABILITY, OR OTHERWISE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. | ||
UNIVERSITY OF ZURICH WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR | ||
SPECIAL DAMAGES, OR ANY OTHER RELIEF, OR FOR ANY CLAIM BY ANY THIRD PARTY, | ||
ARISING FROM THE USE OF THE LICENSED SOFTWARE. | ||
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4.2 The LICENSEE expressly acknowledges and agrees that the use of the SOFTWARE | ||
is at LICENSEE's sole risk and to hold harmless and indemnify UNIVERSITY OF | ||
ZURICH, and its affiliates, employees or partners, from and against any third | ||
party claim arising from or in any way related to LI-CENSEE's use of SOFTWARE, | ||
violation of this AGREEMENT or any other actions in connection with the use of | ||
SOFTWARE. | ||
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5. Title and Ownership | ||
---------------------- | ||
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Title, ownership rights, and intellectual property rights in and to the | ||
SOFTWARE shall remain with UNIVERSITY OF ZURICH. | ||
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6. Term and Termination | ||
----------------------- | ||
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6.1 This AGREEMENT shall become effective upon download of the SOFTWARE by | ||
LICENSEE. | ||
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6.2 UNIVERSITY OF ZURICH may terminate this AGREEMENT upon 30 (thirty) days | ||
advance written e-mail notification to LICENSEE. Upon evidence of violation of | ||
any of the terms under this AGREEMENT by LICENSEE, UNIVERSITY OF ZURICH may | ||
terminate this AGREEMENT without previous notice. | ||
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6.3 Upon termination LICENSEE is obliged to uninstall the SOFTWARE from all its | ||
computers and to destroy any copies of the SOFTWARE kept according to this | ||
AGREEMENT. | ||
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6.4 Unless earlier terminated, this AGREEMENT shall automatically expire at the | ||
end of two years after download of the SOFTWARE by LICENSEE. | ||
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6.5 Articles 4 and 5 shall survive the termination or expiration of this | ||
AGREEMENT for any reason in addition to those articles surviving by operation | ||
of law. | ||
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7. Miscellaneous | ||
---------------- | ||
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7.1 This AGREEMENT and the license granted herein or any part thereof under | ||
this AGREEMENT are not assignable by LICENSEE without the prior written | ||
approval of UNIVERSITY OF ZURICH. | ||
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7.2 LICENSEE shall not use the names or trademarks of UNIVERSITY OF ZURICH, its | ||
related entities and its employees, or any adaptations thereof, in any | ||
advertising, promotional or sales literature, or in any securities reports | ||
required by the respective authorities, without the prior written consent of | ||
the UNIVERSITY OF ZURICH. | ||
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7.3 Each party is acting as an independent contractor and not as an agent, | ||
partner, or joint venture with the other party for any purpose. Neither party | ||
shall have any right, power or authority to act or create any obligation, | ||
express or implied, on behalf of the other. | ||
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7.4 This AGREEMENT sets forth the entire AGREEMENT between the parties with | ||
respect to the subject matter hereof. No supplement, modification or amendment | ||
of this AGREEMENT shall be binding, unless in writing signed by a duly | ||
authorized representative of each party to the AGREEMENT. | ||
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7.5 Should some or several provisions of this AGREEMENT be ineffective or | ||
invalid, or should there be an omission in this AGREEMENT, the effectiveness, | ||
respectively the validity of the remaining provisions shall not be affected | ||
thereby. An ineffective, respectively, invalid provision shall be replaced by | ||
the interpretation of the agreement which comes nearest to the economic meaning | ||
and the envisaged economic purpose of the ineffective respectively, invalid | ||
provision. The same applies in the case of a contractual gap | ||
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7.6 The terms stipulated in this AGREEMENT may not be modified in any way | ||
without the mutual consent of the parties in writing. | ||
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8. Governing Law and Jurisdiction | ||
--------------------------------- | ||
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THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF SWITZERLAND. Any dispute | ||
arising from or in connection with this AGREEMENT will be finally settled by | ||
the courts of Zurich, Switzerland. |
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# License | ||
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MinVar relies on some third-party tools with their own specific licenses. | ||
It is worthy of note that recalibration is done by GATK, which is itself | ||
MinVar is licensed for free for non-commercial purposes according to | ||
[this agreement](agreement.md). Its commercial use requires a separately | ||
executed written license agreement, please | ||
[contact us](https://ozagordi.github.io/MinVar/#contact). | ||
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MinVar relies on the following libraries with their own specific licenses: | ||
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- pandas (library for data analysis) [simplified BSD licence](http://pandas.pydata.org/pandas-docs/stable/overview.html#license) | ||
- Biopython (library for biological computation), distributed under [Biopython licence](https://github.com/biopython/biopython/blob/master/LICENSE.rst) | ||
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The following external tools are called by the program: | ||
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- BLAST (sequence alignment), code distributed in lesser GPL | ||
- samtools (sequence manipulation), [MIT licence](https://github.com/samtools/samtools/blob/develop/LICENSE) | ||
- GATK (base quality recalibration), commercial licence (see below) | ||
- picard-tools (sequence manipulation), only used together with GATK, [MIT licence](https://github.com/broadinstitute/picard/blob/master/LICENSE.txt) | ||
- bwa (sequence alignment), [GPL v3 licence](https://github.com/lh3/bwa/blob/master/COPYING) | ||
- seqtk (sequence filtering), [MIT licence](https://github.com/lh3/seqtk/blob/master/LICENSE) | ||
- lofreq (variant calling), [MIT licence](https://github.com/CSB5/lofreq/blob/master/LICENSE) | ||
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### Using recalibration in a commercial setting | ||
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It is worth noting that recalibration is done by GATK, which is itself | ||
subject to a dual purpose [licensing](https://software.broadinstitute.org/gatk/download/licensing.php): | ||
free for academic non-commercial research activities, subject to a fee for commercial use. | ||
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While you are free to use MinVar without restriction for research purposes, its | ||
commercial licensing is under definition. | ||
Starting from v1.2, MinVar by defaults does not recalibrate the base quality | ||
scores (you can evaluate the difference in this | ||
[Note on recalibration](user-guide/recal.md)). If you decide to use MinVar | ||
with recalibration for commercial purposes, you will have to obtain a licence | ||
for GATK from Broad Institute. |
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# Effect of recalibration | ||
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MinVar can call GATK BaseRecalibrator to adjust quality scores. Up to version | ||
1.1 this option was on by default, from version 1.2 this has changed. | ||
While GATK is free for non-commercial purposes, a licence must be acquired from | ||
Broad Institute (creator of GATK) if one uses it for profit. | ||
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In order to support users in deciding whether to buy GATK licence or not, | ||
this page displays a comparison of mutations detected with and without base | ||
quality scores recalibration. | ||
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The following scatterplots report the frequencies of amino acid mutations in the | ||
mixes used in the [MinVar paper](http://dx.doi.org/10.1016/j.jviromet.2016.11.008) | ||
both with and without recalibration performed with GATK BaseRecalibrator. The | ||
colours indicate whether the mutation was expected or not (_i.e._, present in | ||
the original virus stocks), while the shape indicates the gene where it is | ||
found (protease or reverse transcriptase). | ||
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The names of the mixes indicate different mixing proportions of viral stocks | ||
and viral titers (100,000 and 10,000 copies/mL). See the paper and the file | ||
`viral_mixes.md` in the [data repository](https://zenodo.org/record/44921) on Zenodo. | ||
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## Geometric mix (51.6%, 25.8%, 12.9%, 6.5%, and 3.2%) | ||
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 | ||
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