Users from academic or non-profit organizations for non-commercial research can use cisCall for free, while for-profit organizations are required to purchase a license.
End-user license agreements are for academic, non-commercial research purposes only.
This agreement between The National Cancer Center and the Licensee is made and entered into on the date when the download is complete.
Program shall mean copyright in the object code and source code and related documentation downloaded.
The Licensee is granted a limited, non-exclusive, and non-transferable license solely for academic, non-commercial research purposes.
The Licensee can fix bugs and modify the Program and integrate it into a pipeline for academic, non-commercial research purposes.
The Licensee automatically grants to The National Cancer Center a fully paid, non-exclusive, royalty-free, irrevocable license with unlimited rights to sublicense and distribute bug fixes or modifications to the Program to any Licensee.
The Licensee agrees to provide any such modifications and bug fixes to The National Cancer Center promptly upon their creation.
The Licensee shall not sublicense or distribute the Program in whole or in part.
The Licensee shall ensure that all of its users agree to the terms of this Agreement.
The Licensee further agrees that it shall not make the Program available on a network, server, or other similar technology that may be accessed by anyone other than the Licensee and its employees and users who have agreed to the terms of this Agreement.
The Licensee agrees to use reasonable efforts to protect the contents of the Program and to prevent unauthorized disclosure by the Licensee or any of its users.
Nothing in this Agreement shall be construed to confer any rights upon the Licensee by implication, estoppel, or otherwise to any computer software, trademark, intellectual property, or patent rights of The National Cancer Center or of any other entity, except as expressly granted herein.
The Licensee agrees that the Program, in whole or part, shall not be used for any commercial purpose, including without limitation as the basis of a commercial software or hardware product or to provide services.
The Licensee further agrees that the Program shall not be copied or otherwise adapted in order to circumvent the need for obtaining a license for use of the Program.
OWNERSHIP OF INTELLECTUAL PROPERTY
The Licensee acknowledges that ownership and all rights and title to the Program shall remain with The National Cancer Center.
The Licensee shall retain The National Cancer Center copyright notice and notice of attribution to contributors on all copies.
Thee Licensee agrees to include appropriate attribution if any results obtained from the use of the Program are included in any publication.
Copyright 2016 The National Cancer Center
The Licensee shall not use any trademark or trade name of The National Cancer Center, or any variation, adaptation, or abbreviation, of such marks or trade names, or any names of officers, researchers, employees, or agents of The National Cancer Center except as agreed above for attribution purposes.
The Licensee shall indemnify, defend, and hold harmless The National Cancer Center, and its respective officers, researchers, employees, affiliates and agents, and their respective successors, heirs, and assigns, (“Indemnitees”), against any liability, damage, loss, or expense (including reasonable attorneys’ fees and expenses) incurred by or imposed upon any of the Indemnitees in connection with any claims, suits, actions, demands or judgments arising out of any theory of liability (including, without limitation, actions in the form of tort, warranty, or strict liability and regardless of whether such action has any factual basis) pursuant to any right or license granted under this Agreement.
NO REPRESENTATIONS OR WARRANTIES
The Program is delivered AS IS and AS AVAILABLE. The National Cancer Center makes no representations or warranties of any kind concerning the Program, express or implied, including, but not limited to, warranties or representations of merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, whether or not discoverable.
In no event shall The National Cancer Center or its respective directors, officers, researchers, employees, agents and affiliates be liable for any direct, indirect, incidental, special, exemplary, or consequential damages of any kind, including, but not limited to, economic damages or injury to property and lost profits, regardless of whether The National Cancer Center shall be advised, shall have other reason to know, or in fact shall know of the possibility of the foregoing.
This Agreement is personal to the Licensee and any rights or obligations assigned by the Licensee without the prior written consent of The National Cancer Center shall be null and void.