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.