MGH/MIT/HMS Athinoula A. Martinos Center
for Functional and Structural Biomedical Imaging
End User License Agreement
NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
("AGREEMENT"), FOR THE LICENSE OF SPECIFIED SOFTWARE ("SOFTWARE")
PRODUCED BY THE MGH/MIT/HMS ATHINOULA A. MARTINOS CENTER FOR FUNCTIONAL
AND STRUCTURAL BIOMEDICAL IMAGING ("ATHINOULA A. MARTINOS CENTER").
BY INSTALLING OR USING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE
ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL
OR USE THE SOFTWARE.
1. License Grant. Subject to the payment of the applicable license
fees, and subject to the terms and conditions of this Agreement, the
Athinoula A. Martinos Center hereby grants to you a non-exclusive,
non-transferable right to use one copy of the specified version of
the Software and the accompanying documentation (the "Documentation").
You may install one copy of the Software on one computer, workstation,
personal digital assistant, pager, "smart phone" or other electronic
device for which the Software was designed (each, a "Client Device").
If the Software is licensed as a suite or bundle with more than one
specified Software products, this license applies to all such specified
Software products, subject to any restrictions or usage terms specified
on the applicable price list or product packaging that apply to any of
such Software products individually.
2. Term. This Agreement is effective for one (1) year unless you or
the Athinoula A. Martinos Center terminates the Agreement earlier,
in accordance with the terms set forth herein. This Agreement will
terminate automatically if you fail to comply with any of the limitations
or other requirements described herein. When this agreement terminates,
you must destroy all copies of the Software and the Documentation.
You may terminate this Agreement at any point by destroying all copies
of the Software and the Documentation.
3. Ownership Rights. The Software is protected by United States
copyright laws and international treaty provisions. The Athinoula
A. Martinos Center and its suppliers own and retain all right, title
and interest in and to the Software, including all copyrights, patents,
trade secret rights, trademarks and other intellectual property rights
therein. You acknowledge that your possession, installation, or use
of the Software does not transfer to you any title to the intellectual
property in the Software, and that you will not acquire any rights to
the Software except as expressly set forth in this Agreement. You agree
that any copies of the Software and Documentation will contain the same
proprietary notices which appear on and in the Software and Documentation.
4. Restrictions. You may not rent, lease, loan or resell the Software.
You may not permit third parties to benefit from the use or functionality
of the Software via a timesharing, service bureau or other arrangement,
except to the extent such use is specified in the applicable price
list, purchase order, or product packaging for the Software. You may
not transfer any of the rights granted to you under this Agreement.
You may not reverse engineer, decompile, or disassemble the Software,
except to the extent the foregoing restriction is expressly prohibited
by applicable law. You may not modify, or create derivative works based
upon, the Software in whole or in part. You may not copy the Software
or Documentation except as expressly permitted in Section 1 above.
You may not remove any proprietary notices or labels on the Software.
All rights not expressly set forth hereunder are reserved by the Athinoula
A. Martinos Center. The Athinoula A. Martinos Center reserves the right
to periodically conduct audits upon advance written notice to verify
compliance with the terms of this Agreement.
5. Warranty Disclaimer. To the maximum extent permitted by applicable
law, and except for the limited warranty set forth herein, THE SOFTWARE
IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME
RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED
RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM
THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, THE ATHINOULA
A. MARTINOS CENTER MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE
OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE ATHINOULA A. MARTINOS CENTER DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT
WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. SOME
STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions
shall be enforceable to the maximum extent permitted by applicable law.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL THE ATHINOULA
A. MARTINOS CENTER OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR
ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL THE ATHINOULA
A. MARTINOS CENTER BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE
THE ATHINOULA A. MARTINOS CENTER CHARGES FOR A LICENSE TO THE SOFTWARE,
EVEN IF THE ATHINOULA A. MARTINOS CENTER SHALL HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY
TO YOU. The foregoing provisions shall be enforceable to the maximum
extent permitted by applicable law.
7. ATHINOULA A. MARTINOS CENTER CONTACT. If you have any questions
concerning these terms and conditions, or if you would like to contact
the Athinoula A. Martinos Center for any other reason, please call (617)
724-2223, fax (617) 726-7422, or write:
A. Gregory Sorensen, Athinoula A. Martinos Center, Charlestown
Navy Yard, Building 149 13th Street, Charlestown, MA 02129,
U.S.A.
or
Thomas Benner, Athinoula A. Martinos Center, Charlestown
Navy Yard, Building 149 13th Street, Charlestown, MA 02129,
U.S.A.
or see
http://www.nmr.mgh.harvard.edu/~rpwang/siemens/dti_taskcard/.