THE METHODIST HOSPITAL RESEARCH INSTITUTE (“TMHRI”)
NON-COMMERCIAL SOFTWARE LICENSE AGREEMENT
DCELLIQ SOFTWARE
BEFORE YOU EXECUTE THE SOFTWARE PROGRAM ACCOMPANYING THIS LICENSE AGREEMENT (REFERRED TO AS “DCELLIQ SOFTWARE”), READ THE FOLLOWING TERMS AND CONDITIONS OF USE. BY EXECUTING OR TRANSFERRING THE SOFTWARE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS ON YOUR OWN BEHALF AND ON BEHALF OF THE INSTITUTION THAT IS INTENDED TO BENEFIT FROM YOUR USE OF THE SOFTWARE (REFERRED TO AS “YOUR INSTITUTION”).
You, the user of DCELLIQ SOFTWARE, personally certify that the following are
true:
*You are not and will not use DCELLIQ SOFTWARE for any purposes,
including commercial purposes, other than non-commercial research or
education;
*You have the right to bind YOUR INSTITUTION to this agreement by
executing DCELLIQ SOFTWARE; and
*YOUR INSTITUTION is a public or private not-for-profit,
non-commercial institution.
You understand that your use of DCELLIQ SOFTWARE is specifically limited by
the following terms and conditions:
1. TMHRI hereby grants to you a nontransferable and non-sublicensable
right to install and execute, for non-commercial research, development, and
education purposes only, one copy of DCELLIQ SOFTWARE without charge from
TMHRI. You are prohibited from all other actions or omissions with DCELLIQ
SOFTWARE, such as modifying, selling, performing publicly, sharing, using on
behalf of another person or entity, reverse-engineering or copying DCELLIQ
SOFTWARE. DCELLIQ SOFTWARE may contain code designed to prevent
modification or copying of DCELLIQ SOFTWARE, or other prohibited actions.
2. TMHRI may not be the owner of DCELLIQ SOFTWARE, but has the right
to permit its use for such non-commercial purposes. If you use DCELLIQ
SOFTWARE in violation of these terms, you may also be damaging the
intellectual property rights of a third party.
3. You may use DCELLIQ SOFTWARE for only one year following the date
that you first obtained it. Thereafter, you will need to obtain an
additional license to DCELLIQ SOFTWARE by contacting TMHRI. In addition to
protecting the rights of TMHRI, this term requirement is intended to ensure
that you have the latest version of DCELLIQ SOFTWARE installed, and that you
receive all required updates.
4. DCELLIQ SOFTWARE may be in the development stage, may not perform
(or perform accurately) all of the actions it was designed to perform, and
may not work on all operating systems. DCELLIQ SOFTWARE is intended solely
as a research tool and is being supplied AS IS, without any accompanying
maintenance or guaranteed updates from TMHRI.
5. You are aware, and will inform anyone for whose benefit you are
using DCELLIQ SOFTWARE, that DCELLIQ SOFTWARE and any accompanying software
or related documentation are provided as is, without warranty of
merchantability or fitness for a particular PURPOSE or any other warranty,
expressed or implied. TMHRI makes no representation or warranty that the
licensed software will not infringe any copyright, patent, or other
proprietary right. In no event will TMHRI be liable for any incidental,
special of consequential damages resulting from the exercise of this license
of the use of the licensed Software and/or Documentation, including damage
to the computer system on which it is installed and damage to or loss of any
data associated therewith.
6. The DCELLIQ SOFTWARE may incorporate or require the use of
software that is not developed or owned by TMHRI. It is your responsibility
to review and understand the documentation associated with each of the
following before using them or the DCELLIQ SOFTWARE:
1. Matlab: copyrighted by The MathWorks,
Inc.
7. If you publish results generated using the DCELLIQ SOFTWARE, you
are required to reference the following papers, or such other documents that
TMHRI shall notify you from time to time:
8. If you have any questions about DCELLIQ
SOFTWARE, please direct them to the technical contact whose name appeared on
the website from which you downloaded this software, or the email in which
it was transmitted.