Software License Agreement
Under this Software License Agreement (“Agreement”), the Hardklör software binary code for analyzing mass spectrometry data (“Software”), developed by Michael Hoopmann and Professor Michael J. MacCoss (“Developers”), is hereby licensed to you by the University of Washington (“UW”) for your non-exclusive use on the terms and conditions set forth below. By downloading or using the Software, you manifest your agreement to the terms and conditions contained in this Agreement.
1.1 License Under Copyright. UW hereby grants to you, under its copyright in the Software, a non-exclusive, royalty-free license to run, display and copy Software for internal research purposes. You shall not modify the Software or prepare any derivative works based on the Software.
1.2 Marks and Notices on Software. You shall retain in the Software the proprietary notices and legends as provided by UW, including without restriction any and all copyright, trademark, patent notices and legends pertaining to attribution, source of developments, funding sources, and disclaimer of risk.
1.3 No Distribution of Software. You shall not distribute, publish, sublicense, or otherwise transfer or allow to be transferred, the Software or copies thereof, in whole or in part, without prior written permission of UW.
1.4 No Use of UW Names. You shall not use the name “University of Washington” or any abbreviation thereof, or the names of any UW personnel or identifiers of the Software without prior written approval from UW except as expressly authorized in this Agreement.
1.5 Reservation of Rights. UW reserves all rights under its copyright in the Software not explicitly granted to you under this Agreement.
UW reserves the right to terminate this Agreement upon violation of its terms or conditions by you.
3. Feedback to Developers
You agree to provide the Developers with feedback on the use of the Software and the Developers and UW are permitted to use any information you provide in making changes to the Software. All bug reports and technical questions shall be sent to: MICHAEL HOOPMANN, UW Genome Sciences, email@example.com.
4. Disclaimers and Indemnities
4.1 Software Provide AS-IS. Any risk associated with using the Software is with you. Software is experimental in nature and is made available as a research courtesy "AS IS," without obligation by UW to provide accompanying services or support.
4.2 UW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, PERTAINING TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE PROVIDED TO YOU UNDER THIS AGREEMENT.
4.3 Indemnity. You shall indemnify, defend, and hold harmless UW and its officers, regents, employees, students and agents, against any and all claims, suits, losses, damages, costs, fees and expenses resulting from your possession and/or use of the Software, including but not limited to any damages, losses, or liabilities whatsoever with respect to death or injury to any person and damage to any property. This indemnification clause shall survive the termination of this Agreement.
5.1 Entire Agreement. This Agreement constitutes the entire understanding and agreement between UW and you concerning the Software.
5.2 Assignment. You shall not assign your rights under this Agreement to any third party.
5.3 Governing Law. This Agreement will be construed in accordance with, and its performance will be governed by, the laws of the State of Washington. Any suit, action, or proceeding arising out of or relating to this Agreement will be decided in King County, Washington. You hereby accept the venue and jurisdiction of the Federal District Court of Washington, Seattle, or the King County Superior Courts and waive any right to object to that jurisdiction.
5.4 Interpretation of Agreement. The terms of this Agreement shall be interpreted in accordance with the United States copyright laws, contained at 17 U.S.C. 101 et seq.
5.5 Section Headings. The headings in this Agreement are for convenience only and are not to be used in interpreting this Agreement.