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