1+ #
2+ # PART B. DOWNLOADING AGREEMENT - LICENSE FROM SBIA WITH RIGHT TO SUBLICENSE ("SOFTWARE LICENSE").
3+ # ------------------------------------------------------------------------------------------------
4+ #
5+ # 1. As used in this Software License, "you" means the individual downloading and/or
6+ # using, reproducing, modifying, displaying and/or distributing the Software and
7+ # the institution or entity which employs or is otherwise affiliated with such
8+ # individual in connection therewith. The Section of Biomedical Image Analysis,
9+ # Department of Radiology at the Universiy of Pennsylvania ("SBIA") hereby grants
10+ # you, with right to sublicense, with respect to SBIA's rights in the software,
11+ # and data, if any, which is the subject of this Software License (collectively,
12+ # the "Software"), a royalty-free, non-exclusive license to use, reproduce, make
13+ # derivative works of, display and distribute the Software, provided that:
14+ # (a) you accept and adhere to all of the terms and conditions of this Software
15+ # License; (b) in connection with any copy of or sublicense of all or any portion
16+ # of the Software, all of the terms and conditions in this Software License shall
17+ # appear in and shall apply to such copy and such sublicense, including without
18+ # limitation all source and executable forms and on any user documentation,
19+ # prefaced with the following words: "All or portions of this licensed product
20+ # (such portions are the "Software") have been obtained under license from the
21+ # Section of Biomedical Image Analysis, Department of Radiology at the University
22+ # of Pennsylvania and are subject to the following terms and conditions:"
23+ # (c) you preserve and maintain all applicable attributions, copyright notices
24+ # and licenses included in or applicable to the Software; (d) modified versions
25+ # of the Software must be clearly identified and marked as such, and must not
26+ # be misrepresented as being the original Software; and (e) you consider making,
27+ # but are under no obligation to make, the source code of any of your modifications
28+ # to the Software freely available to others on an open source basis.
29+ #
30+ # 2. The license granted in this Software License includes without limitation the
31+ # right to (i) incorporate the Software into proprietary programs (subject to
32+ # any restrictions applicable to such programs), (ii) add your own copyright
33+ # statement to your modifications of the Software, and (iii) provide additional
34+ # or different license terms and conditions in your sublicenses of modifications
35+ # of the Software; provided that in each case your use, reproduction or
36+ # distribution of such modifications otherwise complies with the conditions
37+ # stated in this Software License.
38+ #
39+ # 3. This Software License does not grant any rights with respect to third party
40+ # software, except those rights that SBIA has been authorized by a third
41+ # party to grant to you, and accordingly you are solely responsible for
42+ # (i) obtaining any permissions from third parties that you need to use,
43+ # reproduce, make derivative works of, display and distribute the Software,
44+ # and (ii) informing your sublicensees, including without limitation your
45+ # end-users, of their obligations to secure any such required permissions.
46+ #
47+ # 4. The Software has been designed for research purposes only and has not been
48+ # reviewed or approved by the Food and Drug Administration or by any other
49+ # agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL APPLICATIONS ARE NEITHER
50+ # RECOMMENDED NOR ADVISED. Any commercialization of the Software is at the
51+ # sole risk of the party or parties engaged in such commercialization.
52+ # You further agree to use, reproduce, make derivative works of, display
53+ # and distribute the Software in compliance with all applicable governmental
54+ # laws, regulations and orders, including without limitation those relating
55+ # to export and import control.
56+ #
57+ # 5. The Software is provided "AS IS" and neither SBIA nor any contributor to
58+ # the software (each a "Contributor") shall have any obligation to provide
59+ # maintenance, support, updates, enhancements or modifications thereto.
60+ # SBIA AND ALL CONTRIBUTORS SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED
61+ # WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF
62+ # MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
63+ # IN NO EVENT SHALL SBIA OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR
64+ # DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
65+ # HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED
66+ # TO THE SOFTWARE, EVEN IF SBIA OR ANY CONTRIBUTOR HAS BEEN ADVISED OF THE
67+ # POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW OR
68+ # REGULATION, YOU FURTHER ASSUME ALL LIABILITY FOR YOUR USE, REPRODUCTION,
69+ # MAKING OF DERIVATIVE WORKS, DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE
70+ # AND AGREE TO INDEMNIFY AND HOLD HARMLESS SBIA AND ALL CONTRIBUTORS FROM
71+ # AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS ARISING
72+ # THEREFROM.
73+ #
74+ # 6. None of the names, logos or trademarks of SBIA or any of SBIA's affiliates
75+ # or any of the Contributors, or any funding agency, may be used to endorse
76+ # or promote products produced in whole or in part by operation of the Software
77+ # or derived from or based on the Software without specific prior written
78+ # permission from the applicable party.
79+ #
80+ # 7. Any use, reproduction or distribution of the Software which is not in accordance
81+ # with this Software License shall automatically revoke all rights granted to you
82+ # under this Software License and render Paragraphs 1 and 2 of this Software
83+ # License null and void.
84+ #
85+ # 8. This Software License does not grant any rights in or to any intellectual
86+ # property owned by SBIA or any Contributor except those rights expressly
87+ # granted hereunder.
88+ #
89+ #
90+ # PART C. MISCELLANEOUS
91+ # ---------------------
92+ #
93+ # This Agreement shall be governed by and construed in accordance with the laws
94+ # of The Commonwealth of Pennsylvania without regard to principles of conflicts
95+ # of law. This Agreement shall supercede and replace any license terms that you
96+ # may have agreed to previously with respect to Software from SBIA.
97+ #
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