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.
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