1r#"3D Slicer Contribution and Software License Agreement ("Agreement") 2Version 1.0 (December 20, 2005) 3 4This Agreement covers contributions to and downloads from the 3D 5Slicer project ("Slicer") maintained by The Brigham and Women's 6Hospital, Inc. ("Brigham"). Part A of this Agreement applies to 7contributions of software and/or data to Slicer (including making 8revisions of or additions to code and/or data already in Slicer). Part 9B of this Agreement applies to downloads of software and/or data from 10Slicer. Part C of this Agreement applies to all transactions with 11Slicer. If you distribute Software (as defined below) downloaded from 12Slicer, all of the paragraphs of Part B of this Agreement must be 13included with and apply to such Software. 14 15Your contribution of software and/or data to Slicer (including prior 16to the date of the first publication of this Agreement, each a 17"Contribution") and/or downloading, copying, modifying, displaying, 18distributing or use of any software and/or data from Slicer 19(collectively, the "Software") constitutes acceptance of all of the 20terms and conditions of this Agreement. If you do not agree to such 21terms and conditions, you have no right to contribute your 22Contribution, or to download, copy, modify, display, distribute or use 23the Software. 24 25PART A. CONTRIBUTION AGREEMENT - License to Brigham with Right to 26Sublicense ("Contribution Agreement"). 27 281. As used in this Contribution Agreement, "you" means the individual 29 contributing the Contribution to Slicer and the institution or 30 entity which employs or is otherwise affiliated with such 31 individual in connection with such Contribution. 32 332. This Contribution Agreement applies to all Contributions made to 34 Slicer, including without limitation Contributions made prior to 35 the date of first publication of this Agreement. If at any time you 36 make a Contribution to Slicer, you represent that (i) you are 37 legally authorized and entitled to make such Contribution and to 38 grant all licenses granted in this Contribution Agreement with 39 respect to such Contribution; (ii) if your Contribution includes 40 any patient data, all such data is de-identified in accordance with 41 U.S. confidentiality and security laws and requirements, including 42 but not limited to the Health Insurance Portability and 43 Accountability Act (HIPAA) and its regulations, and your disclosure 44 of such data for the purposes contemplated by this Agreement is 45 properly authorized and in compliance with all applicable laws and 46 regulations; and (iii) you have preserved in the Contribution all 47 applicable attributions, copyright notices and licenses for any 48 third party software or data included in the Contribution. 49 503. Except for the licenses granted in this Agreement, you reserve all 51 right, title and interest in your Contribution. 52 534. You hereby grant to Brigham, with the right to sublicense, a 54 perpetual, worldwide, non-exclusive, no charge, royalty-free, 55 irrevocable license to use, reproduce, make derivative works of, 56 display and distribute the Contribution. If your Contribution is 57 protected by patent, you hereby grant to Brigham, with the right to 58 sublicense, a perpetual, worldwide, non-exclusive, no-charge, 59 royalty-free, irrevocable license under your interest in patent 60 rights covering the Contribution, to make, have made, use, sell and 61 otherwise transfer your Contribution, alone or in combination with 62 any other code. 63 645. You acknowledge and agree that Brigham may incorporate your 65 Contribution into Slicer and may make Slicer available to members 66 of the public on an open source basis under terms substantially in 67 accordance with the Software License set forth in Part B of this 68 Agreement. You further acknowledge and agree that Brigham shall 69 have no liability arising in connection with claims resulting from 70 your breach of any of the terms of this Agreement. 71 726. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION 73 DOES NOT CONTAIN ANY CODE THAT REQUIRES OR PRESCRIBES AN "OPEN 74 SOURCE LICENSE" FOR DERIVATIVE WORKS (by way of non-limiting 75 example, the GNU General Public License or other so-called 76 "reciprocal" license that requires any derived work to be licensed 77 under the GNU General Public License or other "open source 78 license"). 79 80PART B. DOWNLOADING AGREEMENT - License from Brigham with Right to 81Sublicense ("Software License"). 82 831. As used in this Software License, "you" means the individual 84 downloading and/or using, reproducing, modifying, displaying and/or 85 distributing the Software and the institution or entity which 86 employs or is otherwise affiliated with such individual in 87 connection therewith. The Brigham and Women's Hospital, 88 Inc. ("Brigham") hereby grants you, with right to sublicense, with 89 respect to Brigham's rights in the software, and data, if any, 90 which is the subject of this Software License (collectively, the 91 "Software"), a royalty-free, non-exclusive license to use, 92 reproduce, make derivative works of, display and distribute the 93 Software, provided that: 94 95(a) you accept and adhere to all of the terms and conditions of this 96Software License; 97 98(b) in connection with any copy of or sublicense of all or any portion 99of the Software, all of the terms and conditions in this Software 100License shall appear in and shall apply to such copy and such 101sublicense, including without limitation all source and executable 102forms and on any user documentation, prefaced with the following 103words: "All or portions of this licensed product (such portions are 104the "Software") have been obtained under license from The Brigham and 105Women's Hospital, Inc. and are subject to the following terms and 106conditions:" 107 108(c) you preserve and maintain all applicable attributions, copyright 109notices and licenses included in or applicable to the Software; 110 111(d) modified versions of the Software must be clearly identified and 112marked as such, and must not be misrepresented as being the original 113Software; and 114 115(e) you consider making, but are under no obligation to make, the 116source code of any of your modifications to the Software freely 117available to others on an open source basis. 118 1192. The license granted in this Software License includes without 120 limitation the right to (i) incorporate the Software into 121 proprietary programs (subject to any restrictions applicable to 122 such programs), (ii) add your own copyright statement to your 123 modifications of the Software, and (iii) provide additional or 124 different license terms and conditions in your sublicenses of 125 modifications of the Software; provided that in each case your use, 126 reproduction or distribution of such modifications otherwise 127 complies with the conditions stated in this Software License. 128 1293. This Software License does not grant any rights with respect to 130 third party software, except those rights that Brigham has been 131 authorized by a third party to grant to you, and accordingly you 132 are solely responsible for (i) obtaining any permissions from third 133 parties that you need to use, reproduce, make derivative works of, 134 display and distribute the Software, and (ii) informing your 135 sublicensees, including without limitation your end-users, of their 136 obligations to secure any such required permissions. 137 1384. The Software has been designed for research purposes only and has 139 not been reviewed or approved by the Food and Drug Administration 140 or by any other agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL 141 APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED. Any 142 commercialization of the Software is at the sole risk of the party 143 or parties engaged in such commercialization. You further agree to 144 use, reproduce, make derivative works of, display and distribute 145 the Software in compliance with all applicable governmental laws, 146 regulations and orders, including without limitation those relating 147 to export and import control. 148 1495. The Software is provided "AS IS" and neither Brigham nor any 150 contributor to the software (each a "Contributor") shall have any 151 obligation to provide maintenance, support, updates, enhancements 152 or modifications thereto. BRIGHAM AND ALL CONTRIBUTORS SPECIFICALLY 153 DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND INCLUDING, 154 BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR 155 A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL 156 BRIGHAM OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR DIRECT, 157 INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES 158 HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY 159 RELATED TO THE SOFTWARE, EVEN IF BRIGHAM OR ANY CONTRIBUTOR HAS 160 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM 161 EXTENT NOT PROHIBITED BY LAW OR REGULATION, YOU FURTHER ASSUME ALL 162 LIABILITY FOR YOUR USE, REPRODUCTION, MAKING OF DERIVATIVE WORKS, 163 DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE AND AGREE TO 164 INDEMNIFY AND HOLD HARMLESS BRIGHAM AND ALL CONTRIBUTORS FROM AND 165 AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS 166 ARISING THEREFROM. 167 1686. None of the names, logos or trademarks of Brigham or any of 169 Brigham's affiliates or any of the Contributors, or any funding 170 agency, may be used to endorse or promote products produced in 171 whole or in part by operation of the Software or derived from or 172 based on the Software without specific prior written permission 173 from the applicable party. 174 1757. Any use, reproduction or distribution of the Software which is not 176 in accordance with this Software License shall automatically revoke 177 all rights granted to you under this Software License and render 178 Paragraphs 1 and 2 of this Software License null and void. 179 1808. This Software License does not grant any rights in or to any 181 intellectual property owned by Brigham or any Contributor except 182 those rights expressly granted hereunder. 183 184PART C. MISCELLANEOUS 185 186This Agreement shall be governed by and construed in accordance with 187the laws of The Commonwealth of Massachusetts without regard to 188principles of conflicts of law. This Agreement shall supercede and 189replace any license terms that you may have agreed to previously with 190respect to Slicer. 191"#