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License_IVI_Middleware.txt
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License_IVI_Middleware.txt
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The IVI Middleware License, Version 1.0
The IVI Middleware Software License, Version 1.0. Copyright 2006 The Ohio State
University Research Foundation ("OSURF").
Copyright Notice. The software subject to this notice and license includes both
human readable source code form and machine readable, binary, object code form
(the "IVI Middleware Software"). The IVI Middleware Software was developed in
conjunction with the National Cancer Institute ("NCI") by NCI employees and
employees of OSURF. To the extent government employees are authors, any rights
in such works shall be subject to Title 17 of the United States Code, section 105.
This IVI Middleware Software License (the “License”) is between NCI, OSURF and You.
“You (or “Your”) shall mean a person or an entity, and all other entities that
control, are controlled by, or are under common control with the entity. “Control”
for purposes of this definition means (i) the direct or indirect power to cause the direction or management of such entity, whether
by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of
the outstanding shares, or (iii) beneficial ownership of such entity.
License. Provided that You agree to the conditions described below, NCI grants
You a non-exclusive, worldwide, perpetual, fully-paid-up, no-charge,
irrevocable, transferable and royalty-free right and license in its rights in
the IVI Middleware Software, including any copyright or patent rights therein that may
be infringed by the making, using, selling, offering for sale, or importing of
IVI Middleware Software, to (i) use, install, access, operate, execute, reproduce, copy,
modify, translate, market, publicly display, publicly perform, and prepare
derivative works of the IVI Middleware Software; (ii) make, have made, use, practice,
sell, and offer for sale, and/or otherwise dispose of IVI Middleware Software (or
portions thereof); (iii) distribute and have distributed to and by third parties
the IVI Middleware Software and any modifications and derivative works thereof; and (iv)
sublicense the foregoing rights set out in (i), (ii) and (iii) to third parties,
including the right to license such rights to further third parties. For sake
of clarity, and not by way of limitation, NCI shall have no right of accounting
or right of payment from You or Your sublicensees for the rights granted under
this License. This License is granted at no charge to You. Your downloading,
copying, modifying, displaying, distributing or use of IVI Middleware 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 download,
copy, modify, display, distribute or use the IVI Middleware Software.
1. Your redistributions of the source code for the IVI Middleware Software must retain
the above copyright notice, this list of conditions and the disclaimer and
limitation of liability of Article 6 below. Your redistributions in object code
form must reproduce the above copyright notice, this list of conditions and the
disclaimer of Article 6 in the documentation and/or other materials provided
with the distribution, if any.
2. Your end-user documentation included with the redistribution, if any, must
include the following acknowledgment: “This product includes software developed
by National Center Institute and The Ohio State University Research Foundation.”
If You do not include such
end-user documentation, You shall include this acknowledgment in the IVI Middleware
Software itself, wherever such third-party acknowledgments normally appear.
3. You may not use the names “The Ohio State University Research Foundation”,
“The National Cancer
Institute”, “NCI”, “Cancer Bioinformatics Grid” or “caBIG™” to endorse or
promote products derived from this IVI Middleware Software. You may not use the names
of the officers, employees, students, board members of The Ohio State University
Research Foundation and The National
Cancer Institute. This License does not authorize You to use any trademarks,
service marks, trade names, logos or product names of either caBIG™ Participant,
NCI or caBIG™, except as required to comply with the terms of this License.
4. For sake of clarity, and not by way of limitation, You may incorporate this
IVI Middleware Software into Your proprietary programs and into any third party
proprietary programs. However, if You incorporate the IVI Middleware Software into
third party proprietary programs, You agree that You are solely responsible for
obtaining any permission from such third parties required to incorporate the
IVI Middleware Software into such third party proprietary programs and for informing
Your sublicensees, including without limitation Your end-users, of their
obligation to secure any required permissions from such third parties before
incorporating the IVI Middleware Software into such third party proprietary software
programs. In the event that You fail to obtain such permissions, You agree to
indemnify The Ohio State University Research Foundation for any claims against NCI by such third parties,
except to the extent prohibited by law, resulting from Your failure to obtain
such permissions.
5. For sake of clarity, and not by way of limitation, You may add Your own
copyright statement to Your modifications and to the derivative works, and You
may provide additional or different license terms and conditions in Your
sublicenses of modifications of the IVI Middleware Software, or any derivative works of
the IVI Middleware Software as a whole, provided Your use, reproduction, and
distribution of the Work otherwise complies with the conditions stated in this
License.
6. THIS IVI Middleware Software IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE) ARE
DISCLAIMED. IN NO EVENT SHALL THE OHIO STATE UNIVERSITY RESEARCH FOUNDATION OR ITS AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
IVI Middleware Software, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.