3D Slicer Contribution and Software License Agreement ("Agreement")
This Agreement covers contributions to and downloads from the 3D Slicer project ("Slicer") maintained by The Brigham and Women’s Hospital, Inc. ("Brigham"). Part A of this Agreement applies to contributions of software and/or data to Slicer (including making revisions of or additions to code and/or data already in Slicer). Part B of this Agreement applies to downloads of software and/or data from Slicer. Part C of this Agreement applies to all transactions with Slicer. If you distribute Software (as defined below) downloaded from Slicer, 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 Slicer (including prior to the date of the first publication of this Agreement, "Contribution") and/or downloading, copying, modifying, displaying, distributing or use of any software and/or data from Slicer (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 Brigham with Right to Sublicense ("Contribution Agreement")
1. As used in this Contribution Agreement, "you" means the individual contributing the Contribution to Slicer and the institution or entity which employs or is otherwise affiliated with such individual in connection with such Contribution. This Contribution Agreement applies to all Contributions made to Slicer, including without limitation Contributions made prior to the date of first publication of this Agreement. If at any time you make a Contribution to Slicer, you represent that (i) you are legally authorized and entitled to make such Contribution and to grant all licenses granted hereunder with respect to such Contribution; (ii) you have not included in any such Contribution patient data or other information you are not entitled under applicable law to use or to disclose publicly; and (iii) you have maintained in the Contribution all applicable attributions, copyright notices and licenses for any third party software or data included in the Contribution.
2. Except for the licenses granted in this Agreement, you reserve all right, title and interest in your Contribution.
3. You hereby grant to Brigham, 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 under all intellectual property rights other than patent rights. If your Contribution is protected by patent, you hereby grant to Brigham, 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.
4. You acknowledge and agree that Brigham may incorporate your Contribution into Slicer and may make Slicer 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 Brigham shall have no liability arising in connection with claims resulting from your breach of any of the terms of this Agreement.
5. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION DOES NOT CONTAIN ANY CODE THAT IS LICENSED UNDER AN "OPEN SOURCE LICENSE" THAT REQUIRES ANY LICENSEE THEREOF TO MAKE ALL OR ANY PORTION OF A DERIVATIVE WORK THEREOF AVAILABLE UNDER AN "OPEN SOURCE LICENSE" (by way of non-limiting example, the GNU General Public License or other so-called "viral" licenses).
PART B. DOWNLOADING AGREEMENT - License from Brigham 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 Brigham and Women’s Hospital, Inc. ("Brigham") hereby grants you, with right to sublicense, with respect to Brigham’s rights in the software which is the subject of this Software License (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) all of the paragraphs of this Software License appear on and shall apply to all copies of complete or substantial portions of the Software, including without limitation all source and executable forms, and on any user documentation (for example: "[Portions of modules _____ and ____ in this licensed product (the "Software") have been obtained under license from The Brigham and Women’s Hospital, Inc. and are subject to the following terms and conditions:" followed by the text of this Part B);
(c) you 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 your use, reproduction or distribution of such modifications otherwise complies with the conditions stated in this Agreement.
3. This Agreement does not grant any rights with respect to third party software, except those rights that Brigham has been authorized by a third party to grant to you. You agree, therefore, that you are solely responsible for obtaining any permissions from third parties that you need to use, reproduce, make derivative works of, display and distribute the Software. You also agree that you are solely responsible for 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 Brigham nor any contributor to the software (each a "Contributor") shall have any obligation to provide maintenance, support, updates, enhancements or modifications thereto. BRIGHAM 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 BRIGHAM 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 OUT OF THE USE OF THE SOFTWARE, EVEN IF BRIGHAM 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 BRIGHAM 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 Brigham or any of Brigham's affiliates or any of the Contributors 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.
PART C. MISCELLANEOUS
This Agreement does not grant any rights in or to any intellectual property owned by Brigham or any Contributor except those rights expressly granted hereunder. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts 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 Slicer.