Neuromorphometrics, Inc.
3 Seal Harbor Rd PH 31
Winthrop, MA 02152-1083 USA
ACADEMIC USER LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY DOWNLOADING THE LABELED BRAIN SCANS YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD THE FILES.
LICENSE GRANT
The download link points to one or more labeled brain scans (“Labeled Scans”) and related explanatory written materials (“Documentation”). “Labeled Scans” includes any updates and additions to the Labeled Scans. “You” means the investigator, students, and post-docs who are being licensed to use the Labeled Scans or Documentation. “We” and “us” means Neuromorphometrics, Inc.
Upon download of Labeled Scans and you or your academic institution’s payment of the corresponding invoice we hereby grant you a nonexclusive perpetual license to use the Labeled Scans only for research purposes including the creation of derivative works such as classifiers and other pattern recognition systems. You may not share or distribute the Labeled Scans to any third party outside of your research group, and you may not use the Labeled Scans for commercial purposes. Any derivative works may be distributed, but must include license terms that prohibit commercial use. Any distribution of derivative works must include a description of the source of the Labeled Scans such as, “Neuroanatomically labeled MRI brain scans were produced by Neuromorphometrics, Inc. For more information or to obtain the scans, please visit http://Neuromorphometrics.com”.
TITLE
We remain the owner of all right, title and interest in the Labeled Scans and Documentation.
LIMITED WARRANTY
We warrant that for a period of one year after download of the Labeled Scans to you that the Labeled Scans will be labeled in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE LABELED SCANS (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES0, OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TERM AND TERMINATION
This license agreement takes effect upon your use of the Labeled Scans and remains effective until terminated. You may terminate it at any time by destroying all copies of the Labeled Scans and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Labeled Scans and Documentation in your possession.
GENERAL PROVISIONS
1. This written license agreement is the exclusive agreement between you and us concerning the Labeled Scans and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Labeled Scans.
2. This license agreement may be modified only by a writing signed by you and us.
3. In the event of litigation between you and us concerning the Labeled Scans or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
4. This license agreement is governed by the laws of the Commonwealth of Massachusetts.
5. You agree that the Labeled Scans will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
Document Revision: 20130718
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