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| 1 | +License |
| 2 | + |
| 3 | + Section of Biomedical Image Analysis |
| 4 | + Department of Radiology |
| 5 | + University of Pennsylvania |
| 6 | + 3700 Hamilton Walk, Floor 7 |
| 7 | + Philadelphia, PA 19104 |
| 8 | + |
| 9 | + Web: http://www.med.upenn.edu/sbia/software.html |
| 10 | + Email: software at cbica.upenn.edu |
| 11 | + |
| 12 | + |
| 13 | + |
| 14 | +SBIA Contribution and Software License Agreement ("Agreement") |
| 15 | +============================================================== |
| 16 | + |
| 17 | + Version 1.1 (June 29, 2017) |
| 18 | + |
| 19 | + This Agreement covers contributions to and downloads from Software maintained by |
| 20 | + the Section of Biomedical Image Analysis ("SBIA"), Center for Biomedical Image |
| 21 | + Computing and Analytics ("CBICA"), Department of Radiology at the University |
| 22 | + of Pennsylvania. Part A of this Agreement applies to contributions of |
| 23 | + software and/or data to the Software (including making revisions of or additions |
| 24 | + to code and/or data already in this Software). Part B of this Agreement applies to |
| 25 | + downloads of software and/or data from SBIA. Part C of this Agreement applies to |
| 26 | + all transactions with SBIA. If you distribute Software (as defined below) downloaded |
| 27 | + from SBIA, all of the paragraphs of Part B of this Agreement must be included with |
| 28 | + and apply to such Software. |
| 29 | + |
| 30 | + Your contribution of software and/or data to SBIA (including prior to the date |
| 31 | + of the first publication of this Agreement, each a "Contribution") and/or |
| 32 | + downloading, copying, modifying, displaying, distributing or use of any software |
| 33 | + and/or data from SBIA (collectively, the "Software") constitutes acceptance of |
| 34 | + all of the terms and conditions of this Agreement. If you do not agree to such |
| 35 | + terms and conditions, you have no right to contribute your Contribution, or to |
| 36 | + download, copy, modify, display, distribute or use the Software. |
| 37 | + |
| 38 | + PART A. CONTRIBUTION AGREEMENT - LICENSE TO SBIA WITH RIGHT TO SUBLICENSE ("CONTRIBUTION AGREEMENT"). |
| 39 | + ----------------------------------------------------------------------------------------------------- |
| 40 | + |
| 41 | + 1. As used in this Contribution Agreement, "you" means the individual contributing |
| 42 | + the Contribution to the Software maintained by SBIA and the institution or entity |
| 43 | + which employs or is otherwise affiliated with such individual in connection with |
| 44 | + such Contribution. |
| 45 | + |
| 46 | + 2. This Contribution Agreement applies to all Contributions made to the Software |
| 47 | + maintained by SBIA, including without limitation Contributions made prior to |
| 48 | + the date of first publication of this Agreement. If at any time you make a |
| 49 | + Contribution to the Software, you represent that (i) you are legally authorized |
| 50 | + and entitled to make such Contribution and to grant all licenses granted in this |
| 51 | + Contribution Agreement with respect to such Contribution; (ii) if your |
| 52 | + Contribution includes any patient data, all such data is de-identified in |
| 53 | + accordance with U.S. confidentiality and security laws and requirements, |
| 54 | + including but not limited to the Health Insurance Portability and Accountability |
| 55 | + Act (HIPAA) and its regulations, and your disclosure of such data for the purposes |
| 56 | + contemplated by this Agreement is properly authorized and in compliance with all |
| 57 | + applicable laws and regulations; and (iii) you have preserved in the Contribution |
| 58 | + all applicable attributions, copyright notices and licenses for any third party |
| 59 | + software or data included in the Contribution. |
| 60 | + |
| 61 | + 3. Except for the licenses granted in this Agreement, you reserve all right, |
| 62 | + title and interest in your Contribution. |
| 63 | + |
| 64 | + 4. You hereby grant to SBIA, with the right to sublicense, a perpetual, worldwide, |
| 65 | + non-exclusive, no charge, royalty-free, irrevocable license to use, reproduce, |
| 66 | + make derivative works of, display and distribute the Contribution. If your |
| 67 | + Contribution is protected by patent, you hereby grant to SBIA, with the right |
| 68 | + to sublicense, a perpetual, worldwide, non-exclusive, no-charge, royalty-free, |
| 69 | + irrevocable license under your interest in patent rights covering the Contribution, |
| 70 | + to make, have made, use, sell and otherwise transfer your Contribution, alone |
| 71 | + or in combination with any other code. |
| 72 | + |
| 73 | + 5. You acknowledge and agree that SBIA may incorporate your Contribution into |
| 74 | + the Software and may make the Software available to members of the public |
| 75 | + on an open source basis under terms substantially in accordance with the |
| 76 | + Software License set forth in Part B of this Agreement. You further acknowledge |
| 77 | + and agree that SBIA shall have no liability arising in connection with claims |
| 78 | + resulting from your breach of any of the terms of this Agreement. |
| 79 | + |
| 80 | + 6. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION DOES NOT |
| 81 | + CONTAIN ANY CODE THAT REQUIRES OR PRESCRIBES AN "OPEN SOURCE LICENSE" FOR |
| 82 | + DERIVATIVE WORKS (by way of non-limiting example, the GNU General Public |
| 83 | + License or other so-called "reciprocal" license that requires any derived |
| 84 | + work to be licensed under the GNU General Public License or other |
| 85 | + "open source license"). |
| 86 | + |
| 87 | + PART B. DOWNLOADING AGREEMENT - LICENSE FROM SBIA WITH RIGHT TO SUBLICENSE ("SOFTWARE LICENSE"). |
| 88 | + ------------------------------------------------------------------------------------------------ |
| 89 | + |
| 90 | + 1. As used in this Software License, "you" means the individual downloading and/or |
| 91 | + using, reproducing, modifying, displaying and/or distributing the Software and |
| 92 | + the institution or entity which employs or is otherwise affiliated with such |
| 93 | + individual in connection therewith. The Section of Biomedical Image Analysis, |
| 94 | + Department of Radiology at the Universiy of Pennsylvania ("SBIA") hereby grants |
| 95 | + you, with right to sublicense, with respect to SBIA's rights in the software, |
| 96 | + and data, if any, which is the subject of this Software License (collectively, |
| 97 | + the "Software"), a royalty-free, non-exclusive license to use, reproduce, make |
| 98 | + derivative works of, display and distribute the Software, provided that: |
| 99 | + (a) you accept and adhere to all of the terms and conditions of this Software |
| 100 | + License; (b) in connection with any copy of or sublicense of all or any portion |
| 101 | + of the Software, all of the terms and conditions in this Software License shall |
| 102 | + appear in and shall apply to such copy and such sublicense, including without |
| 103 | + limitation all source and executable forms and on any user documentation, |
| 104 | + prefaced with the following words: "All or portions of this licensed product |
| 105 | + (such portions are the "Software") have been obtained under license from the |
| 106 | + Section of Biomedical Image Analysis, Department of Radiology at the University |
| 107 | + of Pennsylvania and are subject to the following terms and conditions:" |
| 108 | + (c) you preserve and maintain all applicable attributions, copyright notices |
| 109 | + and licenses included in or applicable to the Software; (d) modified versions |
| 110 | + of the Software must be clearly identified and marked as such, and must not |
| 111 | + be misrepresented as being the original Software; and (e) you consider making, |
| 112 | + but are under no obligation to make, the source code of any of your modifications |
| 113 | + to the Software freely available to others on an open source basis. |
| 114 | + |
| 115 | + 2. The license granted in this Software License includes without limitation the |
| 116 | + right to (i) incorporate the Software into proprietary programs (subject to |
| 117 | + any restrictions applicable to such programs), (ii) add your own copyright |
| 118 | + statement to your modifications of the Software, and (iii) provide additional |
| 119 | + or different license terms and conditions in your sublicenses of modifications |
| 120 | + of the Software; provided that in each case your use, reproduction or |
| 121 | + distribution of such modifications otherwise complies with the conditions |
| 122 | + stated in this Software License. |
| 123 | + |
| 124 | + 3. This Software License does not grant any rights with respect to third party |
| 125 | + software, except those rights that SBIA has been authorized by a third |
| 126 | + party to grant to you, and accordingly you are solely responsible for |
| 127 | + (i) obtaining any permissions from third parties that you need to use, |
| 128 | + reproduce, make derivative works of, display and distribute the Software, |
| 129 | + and (ii) informing your sublicensees, including without limitation your |
| 130 | + end-users, of their obligations to secure any such required permissions. |
| 131 | + |
| 132 | + 4. The Software has been designed for research purposes only and has not been |
| 133 | + reviewed or approved by the Food and Drug Administration or by any other |
| 134 | + agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL APPLICATIONS ARE NEITHER |
| 135 | + RECOMMENDED NOR ADVISED. Any commercialization of the Software is at the |
| 136 | + sole risk of the party or parties engaged in such commercialization. |
| 137 | + You further agree to use, reproduce, make derivative works of, display |
| 138 | + and distribute the Software in compliance with all applicable governmental |
| 139 | + laws, regulations and orders, including without limitation those relating |
| 140 | + to export and import control. |
| 141 | + |
| 142 | + 5. The Software is provided "AS IS" and neither SBIA nor any contributor to |
| 143 | + the software (each a "Contributor") shall have any obligation to provide |
| 144 | + maintenance, support, updates, enhancements or modifications thereto. |
| 145 | + SBIA AND ALL CONTRIBUTORS SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED |
| 146 | + WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF |
| 147 | + MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. |
| 148 | + IN NO EVENT SHALL SBIA OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR |
| 149 | + DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES |
| 150 | + HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED |
| 151 | + TO THE SOFTWARE, EVEN IF SBIA OR ANY CONTRIBUTOR HAS BEEN ADVISED OF THE |
| 152 | + POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW OR |
| 153 | + REGULATION, YOU FURTHER ASSUME ALL LIABILITY FOR YOUR USE, REPRODUCTION, |
| 154 | + MAKING OF DERIVATIVE WORKS, DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE |
| 155 | + AND AGREE TO INDEMNIFY AND HOLD HARMLESS SBIA AND ALL CONTRIBUTORS FROM |
| 156 | + AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS ARISING |
| 157 | + THEREFROM. |
| 158 | + |
| 159 | + 6. None of the names, logos or trademarks of CBICA/SBIA or any of CBICA/SBIA's affiliates |
| 160 | + or any of the Contributors, or any funding agency, may be used to endorse |
| 161 | + or promote products produced in whole or in part by operation of the Software |
| 162 | + or derived from or based on the Software without specific prior written |
| 163 | + permission from the applicable party. |
| 164 | + |
| 165 | + 7. Any use, reproduction or distribution of the Software which is not in accordance |
| 166 | + with this Software License shall automatically revoke all rights granted to you |
| 167 | + under this Software License and render Paragraphs 1 and 2 of this Software |
| 168 | + License null and void. |
| 169 | + |
| 170 | + 8. This Software License does not grant any rights in or to any intellectual |
| 171 | + property owned by SBIA or any Contributor except those rights expressly |
| 172 | + granted hereunder. |
| 173 | + |
| 174 | + |
| 175 | + PART C. MISCELLANEOUS |
| 176 | + --------------------- |
| 177 | + |
| 178 | + This Agreement shall be governed by and construed in accordance with the laws |
| 179 | + of The Commonwealth of Pennsylvania without regard to principles of conflicts |
| 180 | + of law. This Agreement shall supercede and replace any license terms that you |
| 181 | + may have agreed to previously with respect to Software from SBIA. |
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