mirror of
https://github.com/go-gitea/gitea
synced 2024-11-09 09:47:07 +01:00
191 lines
10 KiB
Plaintext
191 lines
10 KiB
Plaintext
3D Slicer Contribution and Software License Agreement ("Agreement")
|
|
Version 1.0 (December 20, 2005)
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
PART A. CONTRIBUTION AGREEMENT - License to Brigham with Right to
|
|
Sublicense ("Contribution Agreement").
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
3. Except for the licenses granted in this Agreement, you reserve all
|
|
right, title and interest in your Contribution.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
6. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION
|
|
DOES NOT CONTAIN ANY CODE THAT REQUIRES 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").
|
|
|
|
PART B. DOWNLOADING AGREEMENT - License from Brigham with Right to
|
|
Sublicense ("Software License").
|
|
|
|
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:
|
|
|
|
(a) you accept and adhere to all of the terms and conditions of this
|
|
Software License;
|
|
|
|
(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:"
|
|
|
|
(c) you preserve and maintain all applicable attributions, copyright
|
|
notices and licenses included in or applicable to the Software;
|
|
|
|
(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
|
|
|
|
(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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
PART C. MISCELLANEOUS
|
|
|
|
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.
|