126 lines
6.8 KiB
Text
126 lines
6.8 KiB
Text
Copyright (c) 2000-2003, Whitehead Institute for Biomedical
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Research; 2003-2006 Massachusetts Institute of Technology.
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Redistribution and use in source and binary forms are subject to the
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terms of the following license agreement.
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*** (PROGRAM NAME) LICENSE AGREEMENT ***
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This License Agreement (the "Agreement") is made between the
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Massachusetts Institute of Technology, a not-for-profit organization
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and the licensing agent for the Whitehead Institute for Biomedical
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Research ("WHITEHEAD") with a principal address at 77 Massachusetts
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Avenue, Cambridge, MA 02139 ("M.I.T."), and the individual
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downloading this program ("YOU"), and is effective at the date the
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downloading is completed ("Effective Date"). WHITEHEAD and M.I.T.
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are the owners of certain rights, title, and interest in the
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computer program entitled (PROGRAM NAME) and related documentation, if
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any, as they exist on the Effective Date and as can be downloaded
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from http://www.broad.mit.edu/wga/ on the Effective Date (the
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"Program"). YOU wish to obtain and M.I.T. agrees to grant, on its
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own behalf and on behalf of WHITEHEAD, a non-exclusive license to
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use and modify the program for internal research and educational
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purposes only under the terms of the Agreement. M.I.T. and YOU, in
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consideration of the above, agree as follows:
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1. M.I.T. hereby grants to YOU, on the Effective Date, nonexclusive
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rights to use, reproduce, modify, and display the source code and
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executable code of the Program for internal research and educational
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purposes only, without any rights whatsoever to redistribute the
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program, under the terms and conditions of the Agreement. WHITEHEAD
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and M.I.T. retain all ownership rights in the Program, including
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patent rights, copyrights, and licensing rights. YOU may retain
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ownership in Modifications created by YOU, provided that YOU hereby
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grant to WHITEHEAD and M.I.T. a non-exclusive, royalty-free,
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irrevocable, perpetual license to use reproduce, modify, display,
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and distribute the source code and executable code in all such
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Modifications. YOU agree to forward to M.I.T. any and all
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Modifications, sending such Modifications to: (PROGRAM NAME), Broad
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Institute, 7 Cambridge Center, Cambridge, MA 02142, or in
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electronic form to: wga@broad.mit.edu. YOU shall be entitled to
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establish all proprietary rights for itself in the Modifications,
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provided that proper copyright attributions are maintained. No
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rights, express or implied, for use other than specified in this
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Agreement are transferred.
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2. YOU agree to restrict the use of the Program to yourself for
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research and educational purposes only. YOU agree to use the
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Program only at the site where the Program is downloaded. YOU agree
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that the Program will not be used as the basis of a commercial
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software or hardware product and that the same will not be rewritten
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in another computer language or otherwise adapted to circumvent the
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need for obtaining a license from M.I.T. for use of the Program
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other than as specified by this Agreement.
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3. The name of the Whitehead Institute, the "Broad Institute" or
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M.I.T. may not be used to endorse or promote products derived from
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this software. YOU agree to acknowledge use of the Program in any
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publication resulting from use of the Program according to academic
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tradition.
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4. YOU acknowledge that title to the Program (including copyright)
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will remain with WHITEHEAD and M.I.T. and that any copies of the
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Program or portions of the Program made by YOU shall include
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WHITEHEAD and M.I.T. copyright notices in the same format and
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location as the copy received by YOU under this agreement.
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5. YOU accept the above materials on an "AS IS" basis. M.I.T. and
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WHITEHEAD are under no obligation to load the Program onto YOUR
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machines, test for proper operation, perform any debugging, make any
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corrections, provide maintenance, provide any updates, or assist in
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the understanding or use of the Program. The Program is a research
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program, and M.I.T. and WHITEHEAD do not represent that it is free
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of errors or bugs or suitable for any particular tasks.
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6. YOU AGREE THAT THE RIGHTS GRANTED HEREUNDER ARE MADE AVAILABLE
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WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT
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NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
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FOR A PARTICULAR PURPOSE, AND FURTHER INCLUDING NO WARRANTY AS TO
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CONFORMITY WITH WHATEVER USER MANUALS OR OTHER LITERATURE MAY BE
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ISSUED FROM TIME TO TIME. NOTHING IN THIS AGREEMENT SHALL BE
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CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY M.I.T. OR
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WHITEHEAD THAT THE PRACTICE BY YOU OF THE LICENSE GRANTED HEREUNDER
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SHALL NOT INFRINGE THE PATENT RIGHTS, COPYRIGHTS, OR OTHER
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INTELLECTUAL PROPERTY RIGHTS OF M.I.T., WHITEHEAD, OR ANY THIRD
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PARTY.
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IN NO EVENT SHALL M.I.T., WHITEHEAD, OR THEIR RESPECTIVE TRUSTEES,
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DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSOCIATES BE LIABLE FOR
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INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC
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DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER
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M.I.T. OR WHITEHEAD SHALL BE ADVISED, SHALL HAVE OTHER REASON TO
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KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY.
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7. To the extent allowed by law, YOU shall at all times during the
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term of this Agreement and thereafter, indemnify, defend and hold
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harmless M.I.T., WHITEHEAD, and their respective trustees,
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directors, officers, employees, agents and affiliates, against all
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claims, proceedings, demands, and liabilities of any kind
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whatsoever, including legal expenses and reasonable attorneys fees,
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arising out of, connected with, resulting from or sustained as a
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result of use of the Program by YOU. In no event shall M.I.T. or
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WHITEHEAD be liable for special, direct, indirect or consequential
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damages, losses, costs, charges, claims, demands, fees, or expenses
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of any nature or kind.
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8. This Agreement shall be construed, governed, interpreted, and
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applied in accordance with the laws of the Commonwealth of
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Massachusetts, U.S.A.
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9. The term of this Agreement is one year (the "Term"). At the end
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of the Term, the Agreement shall be automatically renewed under the
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same terms and conditions unless M.I.T. indicates otherwise. M.I.T.
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shall have the right to terminate this Agreement for any reason by
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giving thirty (30) days written notice to YOU. Upon termination for
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any reason, YOU agree to destroy the original and all copies,
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including partial copies, of the Program.
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10. The parties agree that this Agreement is the entire Agreement,
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and shall not be subject to any change or modification except in
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writing by both parties.
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11. The provisions of this Agreement are severable, and if any
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provisions of this Agreement are determined to be invalid or
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unenforceable, such determination shall not in any way affect the
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validity or enforceability of the remaining provisions.
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