License agreement for Maspectras

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SOFTWARE LICENSE AGREEMENT ACADEMIC/NOT-FOR-PROFIT USE This Agreement is entered into by and between the Bioinformatics Group, Institute of Knowledge Discovery, Graz University of Technology whose address is Petersgasse 14, 8010 Graz, Austria ("BG-IKD") and the organization or individual identified herein ("Licensee") and shall be effective as of the date of acceptance by BG-IKD. The software you selected is available only to academic, government, and other nonprofit institutions for noncommercial, nonprofit internal research purposes. Please note that the license terms specifically limit its use to such purposes. If you are interested in obtaining a commercial use license for this or other software tools from IGB-TUG, please send your name, address, fax and telephone numbers and email address, along with the name of the tool, to: gerhard.thallinger@tugraz.at. Upon receiving this license agreement, BG-IKD will send you instructions on how to transfer the software requested or a license key to activate the software. INTRODUCTION: 1. BG-IKD has developed software that it wishes to make available on a nonexclusive basis to interested parties for noncommercial internal research purposes only. 2. Licensee seeks to obtain a nonexclusive license to software developed by BG-IKD for use by Licensee for noncommercial internal research purposes only. 3. Licensee is an authorized representative capable of legally binding an academic institution, government agency or nonprofit institution. TERMS: In consideration of the promises contained in this Agreement, the receipt of which is hereby acknowledged, Licensee and BG-IKD agree as follows: 1. The software subject to the terms of this Agreement ("BG-IKD Software") is entitled 2. BG-IKD hereby grants to Licensee a nonexclusive, non-transferable, royalty-free license to use, modify and prepare derivative works of BG-IKD Software, which license shall become effective after acceptance of this Agreement by BG-IKD and upon transfer of access instructions to the BG-IKD Software to Licensee by BG-IKD. Licensee may make backup copies of the BG-IKD Software for archival or disaster recovery purposes. As soon as practicable, and no later than 5 business days after the execution of this Agreement, BG-IKD shall deliver access instructions to the BG-IKD Software to Licensee via the email address set forth herein. The license shall be valid only for the site listed as Licensee's address. 3. This Agreement and the license granted herein are not assignable by Licensee without the prior written approval of an authorized official of BG-IKD. BG-IKD Software may not be transferred or distributed to any other party by Licensee without the prior written approval of an authorized official of BG-IKD. 4. Title, ownership rights, and intellectual property rights in and to BG-IKD Software shall remain in BG-IKD or its suppliers, subject to the license granted herein. BG-IKD Software is protected by copyright laws of Austria, and under international treaties. 5. Licensee agrees to keep all copyright, proprietary and confidentiality notices affixed to the software (including any back-up copy). Title, ownership rights, and intellectual property rights in and to any modifications or improvements made by or on behalf of Licensee to the BG-IKD Software shall vest in Licensee; provided that Licensee hereby grants to BG-IKD a nonexclusive, nontransferable, noncancelable, royalty-free license to use such modifications and improvements. 6. Licensee acknowledges that BG-IKD Software is experimental. BG-IKD Software IS PROVIDED "AS IS," AND BG-IKD MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Neither party shall be liable for any claim, demand or action for any loss, harm, illness or other damage or injury arising from access to or use of BG-IKD Software or associated information, including without limitation any direct, indirect, incidental, exemplary, special or consequential damages, even if advised of the possibility of such damages. In no event shall either party's liability under this Agreement from any cause exceed the amount of license fees, if any, received by BG-IKD from Licensee hereunder. 7. Licensee agrees to cite BG-IKD and the BG-IKD Software, in any publication, presentation or other work for which BG-IKD Software was utilized to produce or confirm results which are the subject of the publication, presentation or work (including the derivation or processing of data to be included in the publication, presentation or work). 8. Each party is acting as an independent contractor and not as an agent, partner, or joint venturer with the other party for any purpose. Neither party shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof. No supplement, modification or amendment of this Agreement shall be binding, unless in writing signed by a duly authorized representative of each party to the Agreement.

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