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Human-Enhanced Machine Learning Software v 1.0
Academic and Non-Commercial Research Use Software License and Terms of Use
The Human-Enhanced Machine Learning Software (the "Software") was developed by David Cox, Walter
Scheirer, Samuel Anthony, and Ken Nakayama. The project was supported by NIH. It is distributed
for free academic and non-commercial research use by President and Fellows of Harvard College
("Harvard").
Using the Software indicates your agreement to be bound by the terms of this Software Use Agreement
("Agreement"). Absent your agreement to the terms below, you (the "End User") have no rights to
hold or use the Software whatsoever.
Harvard agrees to grant hereunder the limited non-exclusive license to End User for the use of the
Software in performance of End User's internal, non-profit research and academic use at End User's
institution on the following terms and conditions:
1. NO REDISTRIBUTION. Software remains the property Harvard and End User shall not publish,
distribute, or otherwise transfer or make available the Software to any other party.
2. NO COMMERCIAL USE. End User shall not use the Software for commercial purposes and any such
use of the Software is expressly prohibited. This includes, but is not limited to, use of the
Software in fee-for-service arrangements, core facilities or laboratories or to provide research
services to third parties for a fee. If End User wishes to use Software for commercial purposes
or for any other restricted purpose, End User must execute a separate license agreement with
Harvard.
Requests for use of the Software for commercial purposes, please contact:
David Cox
Email: davidcox@fas.harvard.edu
Phone: 617-384-5007
Mail: NW 219.40
Northwest Building
52 Oxford St
Cambridge, MA 02138
3. OWNERSHIP AND COPYRIGHT NOTICE. Harvard owns all intellectual property in the Software. End
User shall gain no ownership to the Software. End User shall not remove or delete and shall
retain in the Software and any modifications to Software, the copyright, trademark, or other
notices pertaining to Software as provided with the Software.
4. FEEDBACK. In order to improve the Software, comments from End Users may be useful. End User
agrees to provide Harvard with feedback on the End User’s use of the Software (e.g., any bugs in
the Software, the user experience. etc.). Harvard is permitted to use such information provided
by End User in making changes and improvements to the Software without compensation or an
accounting to End User.
5. NON ASSERT. End User acknowledges that Harvard may develop modifications to Software that may
be based on the feedback provided by End User under Section 4 above. Harvard shall not be
restricted in any way by End User regarding Harvard's use of such information. End User
acknowledges the right of Harvard to prepare, publish, display, reproduce, transmit and or use
modifications to the Software that may be substantially similar or functionally equivalent to End
User's modifications, and/or improvements if any. In the event that End User obtains patent
protection for any modification or improvement to Software, End User agrees not to allege or
enjoin infringement of End User's patent against Harvard, or any of its researchers, medical or
research staff, officers, directors and employees.
6. PUBLICATION & ATTRIBUTION. End User has the right to publish, present, or share, results from
the use of the Software. If utilization of the Software results in outcomes which will be
published, End User shall acknowledge Harvard as the provider of the Software and shall specify
the version of Software used.
End Users shall also cite the following reference:
"Perceptual Annotation: Measuring Human Vision to Improve Computer Vision," (in press)
Walter J. Scheirer, Samuel E. Anthony, Ken Nakayama, David D. Cox,
IEEE Transactions on Pattern Analysis and Machine Intelligence (T-PAMI), 2014.
7. DATA AND OTHER INFORMATION SUPPLIED BY END USERS. Except as specifically indicated otherwise,
any data, communication or other information End Users transmit through the website or by email
will be deemed to be non-confidential and non-proprietary. End Users agree that Harvard shall be
free, without further obligation to End Users, to reproduce, modify, prepare works derived from,
perform, display, distribute, sell and otherwise make available, use and exploit, in any manner or
medium now known or later developed, anything you transmit or post to us or the website, and to
permit others to do so.
8. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW,
HARVARD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT. HARVARD MAKES NO WARRANTY ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE WEBSITE OR THE SOFTWARE.
HARVARD DOES NOT WARRANT THAT THE WEBSITE OR THE SOFTWARE WILL OPERATE WITHOUT ERROR OR
INTERRUPTION, OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MATERIALS.
9. LIMITATIONS OF LIABILITY AND REMEDIES. USE OF THE SOFTWARE AND THE WEBSITE IS AT END USER'S
OWN RISK. IF END USER IS DISSATISFIED WITH THE SOFTWARE, ITS EXCLUSIVE REMEDY IS TO STOP USING IT.
IN NO EVENT SHALL HARVARD BE LIABLE TO END USER OR ITS INSTITUTION, IN CONTRACT, TORT OR OTHERWISE,
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND
WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE WEBSITE OR USE OF THE WEBSITE,
EVEN IF HARVARD IS NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER HARVARD IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
10. INDEMNIFICATION. To the extent permitted by law, End User shall indemnify, defend and hold
harmless Harvard and HHMI, and each of its corporate affiliates, current or future directors,
trustees, officers, faculty, medical and professional staff, employees, students and agents and
their respective successors, heirs and assigns (the "Indemnitees"), against any liability, damage,
loss or expense (including reasonable attorney's fees and expenses of litigation) incurred by or
imposed upon the Indemnitees or any one of them in connection with any claims, suits, actions,
demands or judgments arising from End User’s use of the Software except to the extent caused by
the gross negligence or willful misconduct of Harvard, its corporate affiliates, current or future
directors, trustees, officers, faculty, medical and professional staff, employees, students and
agents and their respective successors, heirs and assigns. This indemnification provision shall
survive expiration or termination of this Agreement.
11. GOVERNING LAW. This Agreement shall be construed and governed by the laws of the Commonwealth
of Massachusetts regardless of otherwise applicable choice of law standards.
12. NON-USE OF NAME. Nothing in this License and Terms of Use or on this website shall be
construed as granting End Users or their institutions any rights or licenses to use any trademarks,
service marks or logos displayed on the website. You may not use the term, "Harvard," (or a
substantially similar term) in any way that is inconsistent with the permitted uses described
herein. You agree not to use any name or emblem of Harvard or any of its subdivisions in any
advertising or promotional materials, or to falsely suggest any relationship between End User
(or its institution) and Harvard, or in any manner that would infringe or violate any of our
rights.
***
If you are a commercial user, please contact David Cox (davidcox@fas.harvard.edu), to discuss
licensing.