Although registration is not required, it would be appreciated if you would send a note to Jason Hunt stating that you have downloaded the software and your intended usage.
Downloading the software requires your agreeing to the license agreement below. After reading it, you may click on "I agree to abide by these conditions" at the bottom of the page.
SOFTWARE LICENSE
(For Research Purposes Only)
This Agreement is made effective as of the day first
downloaded, and is between Washington University, a
nonprofit Missouri educational institution with its
principal offices at One Brookings Drive, St. Louis,
Missouri, 63130 (hereinafter referred to as "University")
and the downloading entity (hereinafter referred to as
"Licensee").
WHEREAS, University has developed computer software programs
designated in Appendix A hereto (hereafter "Software"), and
WHEREAS University believes it is the owner of the entire
right, title and interest in Software, and desires to share
Software for purposes of aiding and stimulating research and
education thereby; and
WHEREAS Licensee desires to obtain the use of Software
solely for purposes of education and research;
Now therefor, in consideration of the foregoing and of the
mutual covenants, terms and conditions contained herein, the
parties agree as follows:
1. Restricted License
Subject to the terms and conditions of this Agreement,
University grants to Licensee a personal, nontransferrable,
royalty free and nonexclusive license to use Software solely
and exclusively for Licensee's internal, nonprofit research
and academic purposes.
2. Restrictions on Use
2.1 Licensee agrees that Software shall not be used as the
basis for commercial software or hardware product
development, and that it shall not be rewritten into another
computer language or otherwise adapted to circumvent the
need for obtaining a license from University for uses not
specified in this Agreement.
2.2 Licensee may reproduce Software only for educational,
research, backup or archive purposes. Licensee agrees not
to remove or destroy any proprietary markings or
confidential legends placed upon or contained within
Software and any related materials. Licensee further agrees
to copy said markings and place them prominently on copies
of Software, whenever copies are made pursuant to this
section.
2.3 Licensee understands that Software is proprietary to
University and agrees to take all reasonable steps to
protect Software from unauthorized disclosure, copying, use
or release. Licensee agrees to take action by instruction,
agreement or otherwise with persons allowed to access
Software to satisfy its obligations under this Agreement
with respect to use, copying, modification, disclosure,
protection and security of Software.
2.4 LICENSEE AGREES TO TREAT SOFTWARE AS CONFIDENTIAL
MATERIAL, AND AGREES TO SAFEGUARD AND PROTECT SOFTWARE
(INCLUDING ANY PERMITTED COPIES) WITH THE SAME LEVEL OF CARE
IT DOES ITS OWN PROPRIETARY SOFTWARE.
3. Disclaimer of Warranty
3.1 UNIVERSITY GIVES NO WARRANTIES AND MAKES NO
REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, FOR THE SOFTWARE
AND/OR DOCUMENTATION PROVIDED UNDER THIS AGREEMENT,
INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY
AND/OR WARRANTY OF FITNESS FOR A PARTICULAR USE.
3.2 University believes it is the owner of Software.
However, University gives no warranties and makes no
representation that Software is free of infringement of
third party patent, copyright, or other proprietary rights.
3.3 University's entire liability and Licensee's sole and
exclusive remedy with respect to infringement shall be for
University, at its sole discretion, to obtain for Licensee
the right to continue to use Software; or, to replace or
modify Software so that it becomes non-infringing; or,
accept the return of Software and terminate this Agreement.
In the event of any claim of infringement received by
Licensee, Licensee shall give University written notice
thereof within 10 working days of notification of such
claim, and shall provide University with all information,
reasonable assistance, and sole authority to defend and/or
settle the claim.
3.4 Licensee understands that Software is a research tool
for which no warranties as to capabilities or accuracy are
made, and Licensee accepts Software "as is." University
makes no warranties that software is free from "bugs",
"viruses", "trojan horses", "trap doors", "worms", or other
harmful code.
3.5 Licensee assumes the entire risk as to the performance
of Software and/or associated materials, and to the
performance and validity of information generated using
Software. Licensee agrees that University shall not be held
liable for any direct, indirect, consequential or incidental
damages with respect to any claim by Licensee or any third
party on account of or arising from this Agreement or the
use of Software and/or associated materials.
4. Lack of Maintenance
Licensee agrees to accept Software on an "as is" basis.
Accordingly, University is not required to load Software
onto Licensee's computers, to test for proper operation, to
perform any debugging or other corrections, or otherwise
maintain Software at any time. University is not required
to provide any updates to Software if subsequent versions
are developed, or to provide any assistance in understanding
or using these materials.
5. Title
5.1 Title to Software (including copyright), including the
original and any copies of software which are made
hereunder, in whole or in part, shall remain at all times
with University. Licensee may not sell, assign, or
otherwise transfer or allow the transfer of Software or any
portion thereof. Licensee may not reproduce Software or any
portion thereof, except as permitted in Article 2.
5.2 Licensee may modify Software to adapt same for its own
research or educational use having regard to its own
particular requirements, and to this extent may merge
Software into other material to form a revised or updated
work for research and educational purposes only. The part
of any such modification or derivative work that contains
any part of Software subject to this Agreement will be
treated the same as Software. University claims no
ownership interest in any portion of such modification or
derivative work that is not part of Software.
5.3 Licensee may distribute modifications of Software made
pursuant to section 7.2 to third parties provided that such
third parties have received licenses for Software from
University.
6. University's Right to License Commercially
University shall at all times retain the right, at its sole
discretion, to license Software commercially.
7. Term and Termination
7.1 This Agreement shall be effective as of the date of
execution, and shall continue in effect indefinitely until
terminated as provided in section 7.2.
7.2 Licensee may terminate this Agreement at any time
without cause with thirty (30) days notice, and if so
terminated, Licensee shall destroy or return Software and
all copies to University, and shall certify in writing that
all copies have been destroyed or returned. University may
terminate this Agreement for material breach by Licensee
with thirty (30) days notice. If University makes
significant modifications to Software, discovers significant
errors in Software, or determines that Software does not
serve the purpose for which it has been intended, University
may terminate this Agreement with six (6) months notice, at
which time Licensee shall destroy or return all copies of
Software and shall certify in writing that such has been
done.
8. Notices
All notices between the parties shall be sent to the
following addresses:
For University:
E. R. Fickenscher
Washington University
Campus Box 1163
St. Louis, MO 63130
(Phone 314-935-5997)
(If technical matter)
Dr. R. Cytron
Washington University
Campus Box 1045
St. Louis, MO 63130
9. Governing Law
This Agreement shall be construed, governed and interpreted
in accordance with the laws of the State of Missouri.
10. Severability
The provisions of this Agreement are severable, and in the
event that any provision of this Agreement is determined to
be invalid or unenforceable under any controlling body of
law, such invalidity or unenforceability shall not in any
way affect the validity or enforceability of the remaining
provisions.
11. Restrictions on the Use of Names
Neither party shall use the name of the other party in
publications, news release or any other releases of
information regarding this License Agreement, or data
developed hereunder, without the prior written consent of
the other party.