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ENH: add license text, closes QIICR#19
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For more information, please see: | ||
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http://www.slicer.org | ||
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The 3D Slicer license below is a BSD style license, with extensions | ||
to cover contributions and other issues specific to 3D Slicer. | ||
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3D Slicer Contribution and Software License Agreement ("Agreement") | ||
Version 1.0 (December 20, 2005) | ||
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This Agreement covers contributions to and downloads from the 3D | ||
Slicer project ("Slicer") maintained by The Brigham and Women's | ||
Hospital, Inc. ("Brigham"). Part A of this Agreement applies to | ||
contributions of software and/or data to Slicer (including making | ||
revisions of or additions to code and/or data already in Slicer). Part | ||
B of this Agreement applies to downloads of software and/or data from | ||
Slicer. Part C of this Agreement applies to all transactions with | ||
Slicer. If you distribute Software (as defined below) downloaded from | ||
Slicer, all of the paragraphs of Part B of this Agreement must be | ||
included with and apply to such Software. | ||
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Your contribution of software and/or data to Slicer (including prior | ||
to the date of the first publication of this Agreement, each a | ||
"Contribution") and/or downloading, copying, modifying, displaying, | ||
distributing or use of any software and/or data from Slicer | ||
(collectively, the "Software") constitutes acceptance of all of the | ||
terms and conditions of this Agreement. If you do not agree to such | ||
terms and conditions, you have no right to contribute your | ||
Contribution, or to download, copy, modify, display, distribute or use | ||
the Software. | ||
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PART A. CONTRIBUTION AGREEMENT - License to Brigham with Right to | ||
Sublicense ("Contribution Agreement"). | ||
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1. As used in this Contribution Agreement, "you" means the individual | ||
contributing the Contribution to Slicer and the institution or | ||
entity which employs or is otherwise affiliated with such | ||
individual in connection with such Contribution. | ||
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2. This Contribution Agreement applies to all Contributions made to | ||
Slicer, including without limitation Contributions made prior to | ||
the date of first publication of this Agreement. If at any time you | ||
make a Contribution to Slicer, you represent that (i) you are | ||
legally authorized and entitled to make such Contribution and to | ||
grant all licenses granted in this Contribution Agreement with | ||
respect to such Contribution; (ii) if your Contribution includes | ||
any patient data, all such data is de-identified in accordance with | ||
U.S. confidentiality and security laws and requirements, including | ||
but not limited to the Health Insurance Portability and | ||
Accountability Act (HIPAA) and its regulations, and your disclosure | ||
of such data for the purposes contemplated by this Agreement is | ||
properly authorized and in compliance with all applicable laws and | ||
regulations; and (iii) you have preserved in the Contribution all | ||
applicable attributions, copyright notices and licenses for any | ||
third party software or data included in the Contribution. | ||
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3. Except for the licenses granted in this Agreement, you reserve all | ||
right, title and interest in your Contribution. | ||
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4. You hereby grant to Brigham, with the right to sublicense, a | ||
perpetual, worldwide, non-exclusive, no charge, royalty-free, | ||
irrevocable license to use, reproduce, make derivative works of, | ||
display and distribute the Contribution. If your Contribution is | ||
protected by patent, you hereby grant to Brigham, with the right to | ||
sublicense, a perpetual, worldwide, non-exclusive, no-charge, | ||
royalty-free, irrevocable license under your interest in patent | ||
rights covering the Contribution, to make, have made, use, sell and | ||
otherwise transfer your Contribution, alone or in combination with | ||
any other code. | ||
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5. You acknowledge and agree that Brigham may incorporate your | ||
Contribution into Slicer and may make Slicer available to members | ||
of the public on an open source basis under terms substantially in | ||
accordance with the Software License set forth in Part B of this | ||
Agreement. You further acknowledge and agree that Brigham shall | ||
have no liability arising in connection with claims resulting from | ||
your breach of any of the terms of this Agreement. | ||
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6. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION | ||
DOES NOT CONTAIN ANY CODE THAT REQURES OR PRESCRIBES AN "OPEN | ||
SOURCE LICENSE" FOR DERIVATIVE WORKS (by way of non-limiting | ||
example, the GNU General Public License or other so-called | ||
"reciprocal" license that requires any derived work to be licensed | ||
under the GNU General Public License or other "open source | ||
license"). | ||
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PART B. DOWNLOADING AGREEMENT - License from Brigham with Right to | ||
Sublicense ("Software License"). | ||
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1. As used in this Software License, "you" means the individual | ||
downloading and/or using, reproducing, modifying, displaying and/or | ||
distributing the Software and the institution or entity which | ||
employs or is otherwise affiliated with such individual in | ||
connection therewith. The Brigham and Women?s Hospital, | ||
Inc. ("Brigham") hereby grants you, with right to sublicense, with | ||
respect to Brigham's rights in the software, and data, if any, | ||
which is the subject of this Software License (collectively, the | ||
"Software"), a royalty-free, non-exclusive license to use, | ||
reproduce, make derivative works of, display and distribute the | ||
Software, provided that: | ||
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(a) you accept and adhere to all of the terms and conditions of this | ||
Software License; | ||
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(b) in connection with any copy of or sublicense of all or any portion | ||
of the Software, all of the terms and conditions in this Software | ||
License shall appear in and shall apply to such copy and such | ||
sublicense, including without limitation all source and executable | ||
forms and on any user documentation, prefaced with the following | ||
words: "All or portions of this licensed product (such portions are | ||
the "Software") have been obtained under license from The Brigham and | ||
Women's Hospital, Inc. and are subject to the following terms and | ||
conditions:" | ||
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(c) you preserve and maintain all applicable attributions, copyright | ||
notices and licenses included in or applicable to the Software; | ||
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(d) modified versions of the Software must be clearly identified and | ||
marked as such, and must not be misrepresented as being the original | ||
Software; and | ||
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(e) you consider making, but are under no obligation to make, the | ||
source code of any of your modifications to the Software freely | ||
available to others on an open source basis. | ||
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2. The license granted in this Software License includes without | ||
limitation the right to (i) incorporate the Software into | ||
proprietary programs (subject to any restrictions applicable to | ||
such programs), (ii) add your own copyright statement to your | ||
modifications of the Software, and (iii) provide additional or | ||
different license terms and conditions in your sublicenses of | ||
modifications of the Software; provided that in each case your use, | ||
reproduction or distribution of such modifications otherwise | ||
complies with the conditions stated in this Software License. | ||
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3. This Software License does not grant any rights with respect to | ||
third party software, except those rights that Brigham has been | ||
authorized by a third party to grant to you, and accordingly you | ||
are solely responsible for (i) obtaining any permissions from third | ||
parties that you need to use, reproduce, make derivative works of, | ||
display and distribute the Software, and (ii) informing your | ||
sublicensees, including without limitation your end-users, of their | ||
obligations to secure any such required permissions. | ||
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4. The Software has been designed for research purposes only and has | ||
not been reviewed or approved by the Food and Drug Administration | ||
or by any other agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL | ||
APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED. Any | ||
commercialization of the Software is at the sole risk of the party | ||
or parties engaged in such commercialization. You further agree to | ||
use, reproduce, make derivative works of, display and distribute | ||
the Software in compliance with all applicable governmental laws, | ||
regulations and orders, including without limitation those relating | ||
to export and import control. | ||
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5. The Software is provided "AS IS" and neither Brigham nor any | ||
contributor to the software (each a "Contributor") shall have any | ||
obligation to provide maintenance, support, updates, enhancements | ||
or modifications thereto. BRIGHAM AND ALL CONTRIBUTORS SPECIFICALLY | ||
DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND INCLUDING, | ||
BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR | ||
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL | ||
BRIGHAM OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR DIRECT, | ||
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES | ||
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY | ||
RELATED TO THE SOFTWARE, EVEN IF BRIGHAM OR ANY CONTRIBUTOR HAS | ||
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM | ||
EXTENT NOT PROHIBITED BY LAW OR REGULATION, YOU FURTHER ASSUME ALL | ||
LIABILITY FOR YOUR USE, REPRODUCTION, MAKING OF DERIVATIVE WORKS, | ||
DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE AND AGREE TO | ||
INDEMNIFY AND HOLD HARMLESS BRIGHAM AND ALL CONTRIBUTORS FROM AND | ||
AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS | ||
ARISING THEREFROM. | ||
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6. None of the names, logos or trademarks of Brigham or any of | ||
Brigham's affiliates or any of the Contributors, or any funding | ||
agency, may be used to endorse or promote products produced in | ||
whole or in part by operation of the Software or derived from or | ||
based on the Software without specific prior written permission | ||
from the applicable party. | ||
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7. Any use, reproduction or distribution of the Software which is not | ||
in accordance with this Software License shall automatically revoke | ||
all rights granted to you under this Software License and render | ||
Paragraphs 1 and 2 of this Software License null and void. | ||
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8. This Software License does not grant any rights in or to any | ||
intellectual property owned by Brigham or any Contributor except | ||
those rights expressly granted hereunder. | ||
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PART C. MISCELLANEOUS | ||
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This Agreement shall be governed by and construed in accordance with | ||
the laws of The Commonwealth of Massachusetts without regard to | ||
principles of conflicts of law. This Agreement shall supercede and | ||
replace any license terms that you may have agreed to previously with | ||
respect to Slicer. |