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COPYING.txt
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COPYING.txt
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Section of Biomedical Image Analysis
Department of Radiology
University of Pennsylvania
3600 Market Street, Suite 380
Philadelphia, PA 19104
Web: http://www.rad.upenn.edu/sbia/
Email: sbia-software at uphs.upenn.edu
SBIA Contribution and Software License Agreement ("Agreement")
==============================================================
Version 1.0 (June 9, 2011)
This Agreement covers contributions to and downloads from Software maintained by
the Section of Biomedical Image Analysis, Department of Radiology at the University
of Pennsylvania ("SBIA"). Part A of this Agreement applies to contributions of
software and/or data to the Software (including making revisions of or additions
to code and/or data already in this Software). Part B of this Agreement applies to
downloads of software and/or data from SBIA. Part C of this Agreement applies to
all transactions with SBIA. If you distribute Software (as defined below) downloaded
from SBIA, all of the paragraphs of Part B of this Agreement must be included with
and apply to such Software.
Your contribution of software and/or data to SBIA (including prior to the date
of the first publication of this Agreement, each a "Contribution") and/or
downloading, copying, modifying, displaying, distributing or use of any software
and/or data from SBIA (collectively, the "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 contribute your Contribution, or to
download, copy, modify, display, distribute or use the Software.
PART A. CONTRIBUTION AGREEMENT - LICENSE TO SBIA WITH RIGHT TO SUBLICENSE ("CONTRIBUTION AGREEMENT").
-----------------------------------------------------------------------------------------------------
1. As used in this Contribution Agreement, "you" means the individual contributing
the Contribution to the Software maintained by SBIA and the institution or
entity which employs or is otherwise affiliated with such individual in
connection with such Contribution.
2. This Contribution Agreement applies to all Contributions made to the Software
maintained by SBIA, including without limitation Contributions made prior to
the date of first publication of this Agreement. If at any time you make a
Contribution to the Software, you represent that (i) you are legally authorized
and entitled to make such Contribution and to grant all licenses granted in this
Contribution Agreement with respect to such Contribution; (ii) if your
Contribution includes any patient data, all such data is de-identified in
accordance with U.S. confidentiality and security laws and requirements,
including but not limited to the Health Insurance Portability and Accountability
Act (HIPAA) and its regulations, and your disclosure of such data for the purposes
contemplated by this Agreement is properly authorized and in compliance with all
applicable laws and regulations; and (iii) you have preserved in the Contribution
all applicable attributions, copyright notices and licenses for any third party
software or data included in the Contribution.
3. Except for the licenses granted in this Agreement, you reserve all right,
title and interest in your Contribution.
4. You hereby grant to SBIA, with the right to sublicense, a perpetual, worldwide,
non-exclusive, no charge, royalty-free, irrevocable license to use, reproduce,
make derivative works of, display and distribute the Contribution. If your
Contribution is protected by patent, you hereby grant to SBIA, with the right
to sublicense, a perpetual, worldwide, non-exclusive, no-charge, royalty-free,
irrevocable license under your interest in patent rights covering the Contribution,
to make, have made, use, sell and otherwise transfer your Contribution, alone
or in combination with any other code.
5. You acknowledge and agree that SBIA may incorporate your Contribution into
the Software and may make the Software available to members of the public
on an open source basis under terms substantially in accordance with the
Software License set forth in Part B of this Agreement. You further acknowledge
and agree that SBIA shall have no liability arising in connection with claims
resulting from your breach of any of the terms of this Agreement.
6. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION DOES NOT
CONTAIN ANY CODE THAT REQUIRES OR PRESCRIBES AN "OPEN SOURCE LICENSE" FOR
DERIVATIVE WORKS (by way of non-limiting example, the GNU General Public
License or other so-called "reciprocal" license that requires any derived
work to be licensed under the GNU General Public License or other
"open source license").
PART B. DOWNLOADING AGREEMENT - LICENSE FROM SBIA WITH RIGHT TO SUBLICENSE ("SOFTWARE LICENSE").
------------------------------------------------------------------------------------------------
1. As used in this Software License, "you" means the individual downloading and/or
using, reproducing, modifying, displaying and/or distributing the Software and
the institution or entity which employs or is otherwise affiliated with such
individual in connection therewith. The Section of Biomedical Image Analysis,
Department of Radiology at the Universiy of Pennsylvania ("SBIA") hereby grants
you, with right to sublicense, with respect to SBIA's rights in the software,
and data, if any, which is the subject of this Software License (collectively,
the "Software"), a royalty-free, non-exclusive license to use, reproduce, make
derivative works of, display and distribute the Software, provided that:
(a) you accept and adhere to all of the terms and conditions of this Software
License; (b) in connection with any copy of or sublicense of all or any portion
of the Software, all of the terms and conditions in this Software License shall
appear in and shall apply to such copy and such sublicense, including without
limitation all source and executable forms and on any user documentation,
prefaced with the following words: "All or portions of this licensed product
(such portions are the "Software") have been obtained under license from the
Section of Biomedical Image Analysis, Department of Radiology at the University
of Pennsylvania and are subject to the following terms and conditions:"
(c) you preserve and maintain all applicable attributions, copyright notices
and licenses included in or applicable to the Software; (d) modified versions
of the Software must be clearly identified and marked as such, and must not
be misrepresented as being the original Software; and (e) you consider making,
but are under no obligation to make, the source code of any of your modifications
to the Software freely available to others on an open source basis.
2. The license granted in this Software License includes without limitation the
right to (i) incorporate the Software into proprietary programs (subject to
any restrictions applicable to such programs), (ii) add your own copyright
statement to your modifications of the Software, and (iii) provide additional
or different license terms and conditions in your sublicenses of modifications
of the Software; provided that in each case your use, reproduction or
distribution of such modifications otherwise complies with the conditions
stated in this Software License.
3. This Software License does not grant any rights with respect to third party
software, except those rights that SBIA has been authorized by a third
party to grant to you, and accordingly you are solely responsible for
(i) obtaining any permissions from third parties that you need to use,
reproduce, make derivative works of, display and distribute the Software,
and (ii) informing your sublicensees, including without limitation your
end-users, of their obligations to secure any such required permissions.
4. The Software has been designed for research purposes only and has not been
reviewed or approved by the Food and Drug Administration or by any other
agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL APPLICATIONS ARE NEITHER
RECOMMENDED NOR ADVISED. Any commercialization of the Software is at the
sole risk of the party or parties engaged in such commercialization.
You further agree to use, reproduce, make derivative works of, display
and distribute the Software in compliance with all applicable governmental
laws, regulations and orders, including without limitation those relating
to export and import control.
5. The Software is provided "AS IS" and neither SBIA nor any contributor to
the software (each a "Contributor") shall have any obligation to provide
maintenance, support, updates, enhancements or modifications thereto.
SBIA AND ALL CONTRIBUTORS SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED
WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL SBIA OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED
TO THE SOFTWARE, EVEN IF SBIA OR ANY CONTRIBUTOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW OR
REGULATION, YOU FURTHER ASSUME ALL LIABILITY FOR YOUR USE, REPRODUCTION,
MAKING OF DERIVATIVE WORKS, DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE
AND AGREE TO INDEMNIFY AND HOLD HARMLESS SBIA AND ALL CONTRIBUTORS FROM
AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS ARISING
THEREFROM.
6. None of the names, logos or trademarks of SBIA or any of SBIA's affiliates
or any of the Contributors, or any funding agency, may be used to endorse
or promote products produced in whole or in part by operation of the Software
or derived from or based on the Software without specific prior written
permission from the applicable party.
7. Any use, reproduction or distribution of the Software which is not in accordance
with this Software License shall automatically revoke all rights granted to you
under this Software License and render Paragraphs 1 and 2 of this Software
License null and void.
8. This Software License does not grant any rights in or to any intellectual
property owned by SBIA or any Contributor except those rights expressly
granted hereunder.
PART C. MISCELLANEOUS
---------------------
This Agreement shall be governed by and construed in accordance with the laws
of The Commonwealth of Pennsylvania without regard to principles of conflicts
of law. This Agreement shall supercede and replace any license terms that you
may have agreed to previously with respect to Software from SBIA.