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| 1 | + |
| 2 | +For more information, please see: |
| 3 | + |
| 4 | + http://www.slicer.org |
| 5 | + |
| 6 | +The 3D Slicer license below is a BSD style license, with extensions |
| 7 | +to cover contributions and other issues specific to 3D Slicer. |
| 8 | + |
| 9 | + |
| 10 | +3D Slicer Contribution and Software License Agreement ("Agreement") |
| 11 | +Version 1.0 (December 20, 2005) |
| 12 | + |
| 13 | +This Agreement covers contributions to and downloads from the 3D |
| 14 | +Slicer project ("Slicer") maintained by The Brigham and Women's |
| 15 | +Hospital, Inc. ("Brigham"). Part A of this Agreement applies to |
| 16 | +contributions of software and/or data to Slicer (including making |
| 17 | +revisions of or additions to code and/or data already in Slicer). Part |
| 18 | +B of this Agreement applies to downloads of software and/or data from |
| 19 | +Slicer. Part C of this Agreement applies to all transactions with |
| 20 | +Slicer. If you distribute Software (as defined below) downloaded from |
| 21 | +Slicer, all of the paragraphs of Part B of this Agreement must be |
| 22 | +included with and apply to such Software. |
| 23 | + |
| 24 | +Your contribution of software and/or data to Slicer (including prior |
| 25 | +to the date of the first publication of this Agreement, each a |
| 26 | +"Contribution") and/or downloading, copying, modifying, displaying, |
| 27 | +distributing or use of any software and/or data from Slicer |
| 28 | +(collectively, the "Software") constitutes acceptance of all of the |
| 29 | +terms and conditions of this Agreement. If you do not agree to such |
| 30 | +terms and conditions, you have no right to contribute your |
| 31 | +Contribution, or to download, copy, modify, display, distribute or use |
| 32 | +the Software. |
| 33 | + |
| 34 | +PART A. CONTRIBUTION AGREEMENT - License to Brigham with Right to |
| 35 | +Sublicense ("Contribution Agreement"). |
| 36 | + |
| 37 | +1. As used in this Contribution Agreement, "you" means the individual |
| 38 | + contributing the Contribution to Slicer and the institution or |
| 39 | + entity which employs or is otherwise affiliated with such |
| 40 | + individual in connection with such Contribution. |
| 41 | + |
| 42 | +2. This Contribution Agreement applies to all Contributions made to |
| 43 | + Slicer, including without limitation Contributions made prior to |
| 44 | + the date of first publication of this Agreement. If at any time you |
| 45 | + make a Contribution to Slicer, you represent that (i) you are |
| 46 | + legally authorized and entitled to make such Contribution and to |
| 47 | + grant all licenses granted in this Contribution Agreement with |
| 48 | + respect to such Contribution; (ii) if your Contribution includes |
| 49 | + any patient data, all such data is de-identified in accordance with |
| 50 | + U.S. confidentiality and security laws and requirements, including |
| 51 | + but not limited to the Health Insurance Portability and |
| 52 | + Accountability Act (HIPAA) and its regulations, and your disclosure |
| 53 | + of such data for the purposes contemplated by this Agreement is |
| 54 | + properly authorized and in compliance with all applicable laws and |
| 55 | + regulations; and (iii) you have preserved in the Contribution all |
| 56 | + applicable attributions, copyright notices and licenses for any |
| 57 | + third party software or data included in the Contribution. |
| 58 | + |
| 59 | +3. Except for the licenses granted in this Agreement, you reserve all |
| 60 | + right, title and interest in your Contribution. |
| 61 | + |
| 62 | +4. You hereby grant to Brigham, with the right to sublicense, a |
| 63 | + perpetual, worldwide, non-exclusive, no charge, royalty-free, |
| 64 | + irrevocable license to use, reproduce, make derivative works of, |
| 65 | + display and distribute the Contribution. If your Contribution is |
| 66 | + protected by patent, you hereby grant to Brigham, with the right to |
| 67 | + sublicense, a perpetual, worldwide, non-exclusive, no-charge, |
| 68 | + royalty-free, irrevocable license under your interest in patent |
| 69 | + rights covering the Contribution, to make, have made, use, sell and |
| 70 | + otherwise transfer your Contribution, alone or in combination with |
| 71 | + any other code. |
| 72 | + |
| 73 | +5. You acknowledge and agree that Brigham may incorporate your |
| 74 | + Contribution into Slicer and may make Slicer available to members |
| 75 | + of the public on an open source basis under terms substantially in |
| 76 | + accordance with the Software License set forth in Part B of this |
| 77 | + Agreement. You further acknowledge and agree that Brigham shall |
| 78 | + have no liability arising in connection with claims resulting from |
| 79 | + your breach of any of the terms of this Agreement. |
| 80 | + |
| 81 | +6. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION |
| 82 | + DOES NOT CONTAIN ANY CODE THAT REQURES OR PRESCRIBES AN "OPEN |
| 83 | + SOURCE LICENSE" FOR DERIVATIVE WORKS (by way of non-limiting |
| 84 | + example, the GNU General Public License or other so-called |
| 85 | + "reciprocal" license that requires any derived work to be licensed |
| 86 | + under the GNU General Public License or other "open source |
| 87 | + license"). |
| 88 | + |
| 89 | +PART B. DOWNLOADING AGREEMENT - License from Brigham with Right to |
| 90 | +Sublicense ("Software License"). |
| 91 | + |
| 92 | +1. As used in this Software License, "you" means the individual |
| 93 | + downloading and/or using, reproducing, modifying, displaying and/or |
| 94 | + distributing the Software and the institution or entity which |
| 95 | + employs or is otherwise affiliated with such individual in |
| 96 | + connection therewith. The Brigham and Women?s Hospital, |
| 97 | + Inc. ("Brigham") hereby grants you, with right to sublicense, with |
| 98 | + respect to Brigham's rights in the software, and data, if any, |
| 99 | + which is the subject of this Software License (collectively, the |
| 100 | + "Software"), a royalty-free, non-exclusive license to use, |
| 101 | + reproduce, make derivative works of, display and distribute the |
| 102 | + Software, provided that: |
| 103 | + |
| 104 | +(a) you accept and adhere to all of the terms and conditions of this |
| 105 | +Software License; |
| 106 | + |
| 107 | +(b) in connection with any copy of or sublicense of all or any portion |
| 108 | +of the Software, all of the terms and conditions in this Software |
| 109 | +License shall appear in and shall apply to such copy and such |
| 110 | +sublicense, including without limitation all source and executable |
| 111 | +forms and on any user documentation, prefaced with the following |
| 112 | +words: "All or portions of this licensed product (such portions are |
| 113 | +the "Software") have been obtained under license from The Brigham and |
| 114 | +Women's Hospital, Inc. and are subject to the following terms and |
| 115 | +conditions:" |
| 116 | + |
| 117 | +(c) you preserve and maintain all applicable attributions, copyright |
| 118 | +notices and licenses included in or applicable to the Software; |
| 119 | + |
| 120 | +(d) modified versions of the Software must be clearly identified and |
| 121 | +marked as such, and must not be misrepresented as being the original |
| 122 | +Software; and |
| 123 | + |
| 124 | +(e) you consider making, but are under no obligation to make, the |
| 125 | +source code of any of your modifications to the Software freely |
| 126 | +available to others on an open source basis. |
| 127 | + |
| 128 | +2. The license granted in this Software License includes without |
| 129 | + limitation the right to (i) incorporate the Software into |
| 130 | + proprietary programs (subject to any restrictions applicable to |
| 131 | + such programs), (ii) add your own copyright statement to your |
| 132 | + modifications of the Software, and (iii) provide additional or |
| 133 | + different license terms and conditions in your sublicenses of |
| 134 | + modifications of the Software; provided that in each case your use, |
| 135 | + reproduction or distribution of such modifications otherwise |
| 136 | + complies with the conditions stated in this Software License. |
| 137 | + |
| 138 | +3. This Software License does not grant any rights with respect to |
| 139 | + third party software, except those rights that Brigham has been |
| 140 | + authorized by a third party to grant to you, and accordingly you |
| 141 | + are solely responsible for (i) obtaining any permissions from third |
| 142 | + parties that you need to use, reproduce, make derivative works of, |
| 143 | + display and distribute the Software, and (ii) informing your |
| 144 | + sublicensees, including without limitation your end-users, of their |
| 145 | + obligations to secure any such required permissions. |
| 146 | + |
| 147 | +4. The Software has been designed for research purposes only and has |
| 148 | + not been reviewed or approved by the Food and Drug Administration |
| 149 | + or by any other agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL |
| 150 | + APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED. Any |
| 151 | + commercialization of the Software is at the sole risk of the party |
| 152 | + or parties engaged in such commercialization. You further agree to |
| 153 | + use, reproduce, make derivative works of, display and distribute |
| 154 | + the Software in compliance with all applicable governmental laws, |
| 155 | + regulations and orders, including without limitation those relating |
| 156 | + to export and import control. |
| 157 | + |
| 158 | +5. The Software is provided "AS IS" and neither Brigham nor any |
| 159 | + contributor to the software (each a "Contributor") shall have any |
| 160 | + obligation to provide maintenance, support, updates, enhancements |
| 161 | + or modifications thereto. BRIGHAM AND ALL CONTRIBUTORS SPECIFICALLY |
| 162 | + DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND INCLUDING, |
| 163 | + BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR |
| 164 | + A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL |
| 165 | + BRIGHAM OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR DIRECT, |
| 166 | + INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES |
| 167 | + HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY |
| 168 | + RELATED TO THE SOFTWARE, EVEN IF BRIGHAM OR ANY CONTRIBUTOR HAS |
| 169 | + BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM |
| 170 | + EXTENT NOT PROHIBITED BY LAW OR REGULATION, YOU FURTHER ASSUME ALL |
| 171 | + LIABILITY FOR YOUR USE, REPRODUCTION, MAKING OF DERIVATIVE WORKS, |
| 172 | + DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE AND AGREE TO |
| 173 | + INDEMNIFY AND HOLD HARMLESS BRIGHAM AND ALL CONTRIBUTORS FROM AND |
| 174 | + AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS |
| 175 | + ARISING THEREFROM. |
| 176 | + |
| 177 | +6. None of the names, logos or trademarks of Brigham or any of |
| 178 | + Brigham's affiliates or any of the Contributors, or any funding |
| 179 | + agency, may be used to endorse or promote products produced in |
| 180 | + whole or in part by operation of the Software or derived from or |
| 181 | + based on the Software without specific prior written permission |
| 182 | + from the applicable party. |
| 183 | + |
| 184 | +7. Any use, reproduction or distribution of the Software which is not |
| 185 | + in accordance with this Software License shall automatically revoke |
| 186 | + all rights granted to you under this Software License and render |
| 187 | + Paragraphs 1 and 2 of this Software License null and void. |
| 188 | + |
| 189 | +8. This Software License does not grant any rights in or to any |
| 190 | + intellectual property owned by Brigham or any Contributor except |
| 191 | + those rights expressly granted hereunder. |
| 192 | + |
| 193 | +PART C. MISCELLANEOUS |
| 194 | + |
| 195 | +This Agreement shall be governed by and construed in accordance with |
| 196 | +the laws of The Commonwealth of Massachusetts without regard to |
| 197 | +principles of conflicts of law. This Agreement shall supercede and |
| 198 | +replace any license terms that you may have agreed to previously with |
| 199 | +respect to Slicer. |
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