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Revision 1.1 - (show annotations) (download)
Tue Jul 7 23:07:46 2009 UTC (5 years, 9 months ago) by weaver
Branch: MAIN
CVS Tags: HEAD
New license Whitehead-MIT for sci-biology packages

1 Copyright (c) 2000-2003, Whitehead Institute for Biomedical
2 Research; 2003-2006 Massachusetts Institute of Technology.
3
4 Redistribution and use in source and binary forms are subject to the
5 terms of the following license agreement.
6
7 ----------------------------------------------------------------
8 *** (PROGRAM NAME) LICENSE AGREEMENT ***
9
10 This License Agreement (the "Agreement") is made between the
11 Massachusetts Institute of Technology, a not-for-profit organization
12 and the licensing agent for the Whitehead Institute for Biomedical
13 Research ("WHITEHEAD") with a principal address at 77 Massachusetts
14 Avenue, Cambridge, MA 02139 ("M.I.T."), and the individual
15 downloading this program ("YOU"), and is effective at the date the
16 downloading is completed ("Effective Date"). WHITEHEAD and M.I.T.
17 are the owners of certain rights, title, and interest in the
18 computer program entitled (PROGRAM NAME) and related documentation, if
19 any, as they exist on the Effective Date and as can be downloaded
20 from http://www.broad.mit.edu/wga/ on the Effective Date (the
21 "Program"). YOU wish to obtain and M.I.T. agrees to grant, on its
22 own behalf and on behalf of WHITEHEAD, a non-exclusive license to
23 use and modify the program for internal research and educational
24 purposes only under the terms of the Agreement. M.I.T. and YOU, in
25 consideration of the above, agree as follows:
26
27 1. M.I.T. hereby grants to YOU, on the Effective Date, nonexclusive
28 rights to use, reproduce, modify, and display the source code and
29 executable code of the Program for internal research and educational
30 purposes only, without any rights whatsoever to redistribute the
31 program, under the terms and conditions of the Agreement. WHITEHEAD
32 and M.I.T. retain all ownership rights in the Program, including
33 patent rights, copyrights, and licensing rights. YOU may retain
34 ownership in Modifications created by YOU, provided that YOU hereby
35 grant to WHITEHEAD and M.I.T. a non-exclusive, royalty-free,
36 irrevocable, perpetual license to use reproduce, modify, display,
37 and distribute the source code and executable code in all such
38 Modifications. YOU agree to forward to M.I.T. any and all
39 Modifications, sending such Modifications to: (PROGRAM NAME), Broad
40 Institute, 7 Cambridge Center, Cambridge, MA 02142, or in
41 electronic form to: wga@broad.mit.edu. YOU shall be entitled to
42 establish all proprietary rights for itself in the Modifications,
43 provided that proper copyright attributions are maintained. No
44 rights, express or implied, for use other than specified in this
45 Agreement are transferred.
46
47 2. YOU agree to restrict the use of the Program to yourself for
48 research and educational purposes only. YOU agree to use the
49 Program only at the site where the Program is downloaded. YOU agree
50 that the Program will not be used as the basis of a commercial
51 software or hardware product and that the same will not be rewritten
52 in another computer language or otherwise adapted to circumvent the
53 need for obtaining a license from M.I.T. for use of the Program
54 other than as specified by this Agreement.
55
56 3. The name of the Whitehead Institute, the "Broad Institute" or
57 M.I.T. may not be used to endorse or promote products derived from
58 this software. YOU agree to acknowledge use of the Program in any
59 publication resulting from use of the Program according to academic
60 tradition.
61
62 4. YOU acknowledge that title to the Program (including copyright)
63 will remain with WHITEHEAD and M.I.T. and that any copies of the
64 Program or portions of the Program made by YOU shall include
65 WHITEHEAD and M.I.T. copyright notices in the same format and
66 location as the copy received by YOU under this agreement.
67
68 5. YOU accept the above materials on an "AS IS" basis. M.I.T. and
69 WHITEHEAD are under no obligation to load the Program onto YOUR
70 machines, test for proper operation, perform any debugging, make any
71 corrections, provide maintenance, provide any updates, or assist in
72 the understanding or use of the Program. The Program is a research
73 program, and M.I.T. and WHITEHEAD do not represent that it is free
74 of errors or bugs or suitable for any particular tasks.
75
76 6. YOU AGREE THAT THE RIGHTS GRANTED HEREUNDER ARE MADE AVAILABLE
77 WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT
78 NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
79 FOR A PARTICULAR PURPOSE, AND FURTHER INCLUDING NO WARRANTY AS TO
80 CONFORMITY WITH WHATEVER USER MANUALS OR OTHER LITERATURE MAY BE
81 ISSUED FROM TIME TO TIME. NOTHING IN THIS AGREEMENT SHALL BE
82 CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY M.I.T. OR
83 WHITEHEAD THAT THE PRACTICE BY YOU OF THE LICENSE GRANTED HEREUNDER
84 SHALL NOT INFRINGE THE PATENT RIGHTS, COPYRIGHTS, OR OTHER
85 INTELLECTUAL PROPERTY RIGHTS OF M.I.T., WHITEHEAD, OR ANY THIRD
86 PARTY.
87
88 IN NO EVENT SHALL M.I.T., WHITEHEAD, OR THEIR RESPECTIVE TRUSTEES,
89 DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSOCIATES BE LIABLE FOR
90 INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC
91 DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER
92 M.I.T. OR WHITEHEAD SHALL BE ADVISED, SHALL HAVE OTHER REASON TO
93 KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY.
94
95 7. To the extent allowed by law, YOU shall at all times during the
96 term of this Agreement and thereafter, indemnify, defend and hold
97 harmless M.I.T., WHITEHEAD, and their respective trustees,
98 directors, officers, employees, agents and affiliates, against all
99 claims, proceedings, demands, and liabilities of any kind
100 whatsoever, including legal expenses and reasonable attorneys fees,
101 arising out of, connected with, resulting from or sustained as a
102 result of use of the Program by YOU. In no event shall M.I.T. or
103 WHITEHEAD be liable for special, direct, indirect or consequential
104 damages, losses, costs, charges, claims, demands, fees, or expenses
105 of any nature or kind.
106
107 8. This Agreement shall be construed, governed, interpreted, and
108 applied in accordance with the laws of the Commonwealth of
109 Massachusetts, U.S.A.
110
111 9. The term of this Agreement is one year (the "Term"). At the end
112 of the Term, the Agreement shall be automatically renewed under the
113 same terms and conditions unless M.I.T. indicates otherwise. M.I.T.
114 shall have the right to terminate this Agreement for any reason by
115 giving thirty (30) days written notice to YOU. Upon termination for
116 any reason, YOU agree to destroy the original and all copies,
117 including partial copies, of the Program.
118
119 10. The parties agree that this Agreement is the entire Agreement,
120 and shall not be subject to any change or modification except in
121 writing by both parties.
122
123 11. The provisions of this Agreement are severable, and if any
124 provisions of this Agreement are determined to be invalid or
125 unenforceable, such determination shall not in any way affect the
126 validity or enforceability of the remaining provisions.

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