Cancer Program Software: GeneCluster 2.0 License Form

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GeneCluster2

GeneCluster 2.0 License and Downloading Page

Instructions to obtain a copy of GeneCluster. Read carefully.

1.Fill in the application form below.
2. Read the license agreement and make sure you agree with the terms of the agreement. If so click the Accept button at the end of the form and you will be transferred to the GeneCluster download page. A copy of the license agreement and registration record will be e-mailed to you for your records.

This software is provided free of charge to the academic research community for non-commercial research and educational purposes only. No other use is permitted. For information on the use of this site for a commercial purpose or by a commercial or for-profit entity, please contact ipoffice@wi.mit.edu or telephone 617-258-5853.

REGISTRATION/LICENSEE SUBSCRIBER INFORMATION
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	---------------------------------------------------------------- * GENECLUSTER LICENSE AGREEMENT * This License Agreement (the "Agreement") is made between Whitehead Institute for Biomedical Research ("WHITEHEAD"), a not-for-profit organization with its principal place of business in Nine Cambridge Center, and the subscriber above ("Licensee"), and is effective at the date the downloading is completed ("Effective Date"). WHITEHEAD is the owner of certain right, title and interest in the computer program entitled GENECLUSTER and related documentation (the "Program"). LICENSEE wishes to obtain and WHITEHEAD agrees to grant a non-exclusive license to use the program for non-commercial research and educational purposes only under the terms of the Agreement. WHITEHEAD and LICENSEE in consideration of the above agree as follows: 1. WHITEHEAD hereby grants to LICENSEE nonexclusive rights to use the computer program entitled GENECLUSTER (the "Program") from the Effective Date for non-commercial research and educational purposes only, without any rights whatsoever to distribute the program or modify the source code, under the terms and conditions of the Agreement. WHITEHEAD retains all ownership rights in the Program, including patent rights, copyrights and licensing rights. No rights, express or implied, for use other than specified in this Agreement are transferred. 2. LICENSEE agrees to restrict the use of the Program to him or herself for research and educational purposes only. LICENSEE agrees to use the Program only on the computer on which software is downloaded. 3. LICENSEE agrees that the Program will not be used as the basis of a commercial software or hardware product and that the same will not be rewritten in another computer language or otherwise adapted to circumvent the need for obtaining a license from WHITEHEAD for use of the Program other than as specified by this Agreement. 4. The name of the Whitehead Institute or M.I.T. may not be used to endorse or promote products derived from this software. LICENSEE agrees to acknowledge use of the Program in any publication resulting from use of the Program according to academic tradition. 5. LICENSEE acknowledges that title to the Program (including copyright) will remain with WHITEHEAD and that any copies of the Program or portions of the Program made by LICENSEE shall include a WHITEHEAD copyright notice in the same format and location as the copy received by the LICENSEE under this agreement. 6. LICENSEE accepts the above materials on an "AS IS " basis. WHITEHEAD will not load the Program onto LICENSEE machines, test for proper operation, perform any debugging, make any corrections, provide maintenance, provide any updates, or assist in the understanding or use of the Program. The Program is a research program, and WHITEHEAD does not represent that it is free of errors or bugs or suitable for any particular tasks. 7. LICENSEE agrees to forward to WHITEHEAD any corrections or debugging of the Program; such modifications will be the property of WHITEHEAD. Such information shall be sent to: GENECLUSTER, Whitehead Institute, One Kendall Square, Building 300, Cambridge MA 02139, gc-dev@genome.wi.mit.edu. 8. LICENSEE AGREES THAT THE RIGHTS GRANTED HEREUNDER ARE MADE AVAILABLE WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND FURTHER INCLUDING NO WARRANTY AS TO CONFORMITY WITH WHATEVER USER MANUALS OR OTHER LITERATURE MAY BE ISSUED FROM TIME TO TIME. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY WHITEHEAD THAT THE PRACTICE BY LICENSEE OF THE LICENSE GRANTED HEREUNDER SHALL NOT INFRINGE THE PATENT RIGHTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN NO EVENT SHALL WHITEHEAD INSTITUTE, ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSOCIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER WHITEHEAD INSTITUTE SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY. 9. LICENSEE shall at all times during the term of this Agreement and thereafter, indemnify, defend and hold harmless WHITEHEAD, its trustees, directors, officers, employees, agents and affiliates, against all claims, proceedings, demands, and liabilities of any kind whatsoever, including legal expenses and reasonable attorneys fees, arising out of, connected with, resulting from or sustained as a result of use of the Program by LICENSEE. In no event shall WHITEHEAD be liable for special, direct, indirect or consequential damages, losses, costs, charges, claims, demands, fees or expenses of any nature or kind. 10. This Agreement shall be construed, governed, interpreted and applied in accordance with the laws of the Commonwealth of Massachusetts, U.S.A. 11. WHITEHEAD shall have the right to terminate this Agreement for any reason by giving thirty (30) days written notice to LICENSEE. Upon termination for any reason, LICENSEE agrees to destroy the original and all copies, including partial copies of the Program. 12. The parties agree that this Agreement is the entire Agreement, and shall not be subject to any change or modification except in writing by both parties. 13. The provisions of this Agreement are severable, and if any provisions of this Agreement are determined to be invalid or unenforceable, such determination shall not in any way affect the validity or enforceability of the remaining provisions. ----------------------------------------------------------------

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