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This license applies to the cmake/Toolchain-QNX-* files only.
CISST Software License Agreement
Version 1.0 (October 30, 2006)
PURPOSE
The Johns Hopkins University's Engineering Research Center for
Computer-Integrated Surgical Systems and Technology (CISST ERC) has
developed a software package ("CISST") that provides C++ libraries to
facilitate the development of computer-integrated surgery systems.
This Software License Agreement ("Agreement") covers downloads from
the CISST package maintained by The Johns Hopkins University ("JHU").
If you distribute Software (as defined below) downloaded from CISST,
all of the paragraphs of this Agreement must be included with and
apply to such Software.
Your downloading, copying, modifying, displaying, distributing or use
of any software, documentation, and/or data from CISST (collectively,
the "Software") constitutes acceptance of all of the terms and
conditions of this Agreement. If you do not agree to such terms and
conditions, you have no right to download, copy, modify, display,
distribute or use the Software.
DOWNLOADING AGREEMENT - License from JHU with Right to Sublicense
("Software License").
1. As used in this Software License, "you" means the individual
downloading and/or using, reproducing, modifying, displaying and/or
distributing the Software and the institution or entity which
employs or is otherwise affiliated with such individual in
connection therewith. The Johns Hopkins University ("JHU") hereby
grants you, with right to sublicense, with respect to JHU's rights
in the software, documentation, and data, if any, which is the
subject of this Software License (collectively, the "Software"), a
royalty-free, non-exclusive license to use, reproduce, make
derivative works of, display and distribute the Software, provided
that:
(a) you accept and adhere to all of the terms and conditions of
this Software License;
(b) in connection with any copy of or sublicense of all or any
portion of the Software, all of the terms and conditions in
this Software License shall appear in and shall apply to such
copy and such sublicense, including without limitation all
source and executable forms and on any user documentation that
includes license information, prefaced with the following
words: "All or portions of this licensed product have been
obtained under license from The Johns Hopkins University and
are subject to the following terms and conditions:"
(c) you preserve and maintain all applicable attributions,
copyright notices and licenses included in or applicable to the
Software;
(d) modified versions of the Software must be clearly identified
and marked as such, and must not be misrepresented as being the
original Software; and
(e) you consider making, but are under no obligation to make, the
source code of any of your modifications to the Software freely
available to others on an open source basis.
2. The license granted in this Software License includes without
limitation the right to (i) incorporate the Software into
proprietary programs (subject to any restrictions applicable to
such programs), (ii) add your own copyright statement to your
modifications of the Software, and (iii) provide additional or
different license terms and conditions in your sublicenses of
modifications of the Software; provided that in each case your use,
reproduction or distribution of such modifications otherwise
complies with the conditions stated in this Software License.
3. This Software License does not grant any rights with respect to
third party software, except those rights that JHU has been
authorized by a third party to grant to you, and accordingly you
are solely responsible for (i) obtaining any permissions from third
parties that you need to use, reproduce, make derivative works of,
display and distribute the Software, and (ii) informing your
sublicensees, including without limitation your end-users, of their
obligations to secure any such required permissions.
4. The Software, as provided by JHU, was designed for research
purposes only and was not reviewed or approved by the Food and Drug
Administration or by any other agency. YOU ACKNOWLEDGE AND AGREE
THAT CLINICAL USE OF THE JHU SOFTWARE IS NEITHER RECOMMENDED NOR
ADVISED. Any modification or commercialization of the Software,
whether for clinical use or otherwise, is at the sole risk of the
party or parties engaged therein. You further agree to use,
reproduce, make derivative works of, display and distribute the
Software in compliance with all applicable governmental laws,
regulations and orders, including without limitation those relating
to export and import control.
5. The Software is provided "AS IS" and neither JHU nor any
contributor to the software (each a "Contributor") shall have any
obligation to provide maintenance, support, updates, enhancements
or modifications thereto. JHU AND ALL CONTRIBUTORS MAKE NO WARRANTY
THAT ALL ERRORS, BUGS, DEFICIENCIES, DEFECTS AND MALFUNCTIONS HAVE
BEEN OR CAN BE ELIMINATED FROM THE SOFTWARE, AND, JHU AND ALL
CONTRIBUTORS SHALL IN NO EVENT BE RESPONSIBLE FOR LOSSES OF ANY
KIND RESULTING FROM THE USE OF THE SOFTWARE, OR ANY PART THEREOF,
INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR BUSINESS EXPENSE,
MACHINE DOWNTIME, OR DAMAGES CAUSED TO LICENSEE BY ANY ERROR, BUG,
DEFICIENCY, DEFECT OR MALFUNCITON. JHU AND ALL CONTRIBUTORS
SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY
KIND INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL JHU OR ANY CONTRIBUTOR BE
LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY ARISING IN ANY WAY RELATED TO THE SOFTWARE, EVEN IF
JHU OR ANY CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW OR REGULATION,
YOU FURTHER ASSUME ALL LIABILITY FOR YOUR USE, REPRODUCTION, MAKING
OF DERIVATIVE WORKS, DISPLAY, LICENSE OR DISTRIBUTION OF THE
SOFTWARE AND AGREE TO INDEMNIFY AND HOLD HARMLESS JHU AND ALL
CONTRIBUTORS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS,
DEMANDS AND JUDGMENTS ARISING THERE FROM.
6. None of the names, logos or trademarks of JHU or any of JHU's
affiliates or any of the Contributors, or any funding agency, may
be used to endorse or promote products produced in whole or in part
by operation of the Software or derived from or based on the
Software without specific prior written permission from the
applicable party.
7. Any use, reproduction or distribution of the Software which is not
in accordance with this Software License shall automatically revoke
all rights granted to you under this Software License.
8. This Software License does not grant any rights in or to any
intellectual property owned by JHU or any Contributor except those
rights expressly granted hereunder.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with
the laws of The State of Maryland without regard to principles of
conflicts of law. As specifically provided by MD. Anno. Code, CL,
Section 21-104, the Parties agree that this Agreement shall not be
governed by the Uniform Computer Information Transactions Act (UCITA)
as adopted in Maryland under Title 21 of the Commercial Law Article of
the Maryland Annotated Code, as amended from time to time. This
agreement shall be governed by the common law of Maryland relating to
written agreements, as well as other statutory provisions, other than
UCITA which may apply, and shall be interpreted and enforced as if
UCITA had never been adopted in Maryland. The Parties further agree
that electronic self-help shall not be permitted under this Agreement.
This Agreement shall supersede and replace any license terms that you
may have agreed to previously with respect to CISST.
This Software License was derived, with permission, from the 3D Slicer
Software License Agreement, Version 1.0 (December 20, 2005), created
by The Brigham & Women's Hospital, Inc.
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