Skip to content

Commit

Permalink
update institute name in license document
Browse files Browse the repository at this point in the history
  • Loading branch information
kmnip committed Feb 5, 2018
1 parent 9fa423b commit ba76536
Showing 1 changed file with 32 additions and 32 deletions.
64 changes: 32 additions & 32 deletions LICENSE.txt
Original file line number Diff line number Diff line change
@@ -1,15 +1,15 @@
Trans-ABySS
Copyright 2018 Canada's Michael Smith Genome Sciences Centre

BC CANCER AGENCY SOFTWARE LICENSE AGREEMENT (ACADEMIC USE)
BC CANCER SOFTWARE LICENSE AGREEMENT (ACADEMIC USE)
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. This License
Agreement (the "Agreement") is a legal contract between you, your
employer, educational institution or organization (collectively, "You")
and the British Columbia Cancer Agency ("BCCA") with respect to the
and BC Cancer with respect to the
license of the software, including all associated documentation
(collectively, the "Product").

BCCA is willing to license the Product to You only if You accept the
BC Cancer is willing to license the Product to You only if You accept the
terms and conditions of this Agreement. By clicking on the "I ACCEPT"
button, or by copying, downloading, accessing or otherwise using the
Product, You automatically agree to be bound by the terms of this
Expand All @@ -24,7 +24,7 @@ Product hereby, in their personal capacity, represents and warrants
that they possess the legal authority to enter into this Agreement
on Your behalf and to bind You to the terms of this Agreement.

2. LICENSE TO USE: BCCA hereby grants to You a personal, non-exclusive,
2. LICENSE TO USE: BC Cancer hereby grants to You a personal, non-exclusive,
non-transferable, limited license to use the Product solely for
internal, non-commercial use for non-profit research or educational
purposes only on the terms and conditions contained in this Agreement.
Expand Down Expand Up @@ -52,16 +52,16 @@ thereof, to any third party;
(e) use the Product or any part thereof for any commercial or
for-profit purpose or any other purpose other than as permitted in
Section 2; or
(f) use, without its express permission, the name of BCCA.
(f) use, without its express permission, the name of BC Cancer.

4. INTELLECTUAL PROPERTY RIGHTS: Subject to Section 5 below, all
patents, copyrights, trade secrets, service marks, trademarks and
other proprietary rights in or related to the Product and any
improvements, modifications and enhancements thereof are and will
remain the exclusive property of BCCA or its licensors. You agree
remain the exclusive property of BC Cancer or its licensors. You agree
that You will not, either during or after the termination of this
Agreement, contest or challenge the title to or the intellectual
property rights of BCCA or its licensors in the Product or any
property rights of BC Cancer or its licensors in the Product or any
portion thereof.

5. OWNERSHIP OF IMPROVEMENTS: In the event that the Product, in the
Expand All @@ -73,13 +73,13 @@ and educational purposes only and You shall be the owner of those
Improvements that You directly make and of all intellectual
property rights to such Improvements, subject to the foregoing
limits on Your use and distribution of such Improvements. You
hereby grant to BCCA a perpetual, non-exclusive, worldwide,
hereby grant to BC Cancer a perpetual, non-exclusive, worldwide,
fully-paid, irrevocable license to use such Improvements for any
purposes whatsoever, and to sublicense such Improvements including
the right for third parties to sublicense the same, in perpetuity
to the extent such rights are not limited in duration under
applicable law, without identifying or seeking Your
consent. Notwithstanding the foregoing, You acknowledge that BCCA
consent. Notwithstanding the foregoing, You acknowledge that BC Cancer
and its licensors will retain or own all rights in and to any
pre-existing code or other technology, content and data that may be
incorporated in the Improvements. For greater certainty, this
Expand All @@ -88,36 +88,36 @@ any rights with respect to the object code or any other portion or
format of the Product which use, for greater certainty, is limited
as set forth in this Agreement including as set out in Section 3(b)
above. You acknowledge and agree that you will provide copies of
Improvements to BCCA in such format as reasonably requested by BCCA
at any time upon the request of BCCA.
Improvements to BC Cancer in such format as reasonably requested by BC Cancer
at any time upon the request of BC Cancer.

6. CONFIDENTIALITY: You acknowledge that the Product is and
incorporates confidential and proprietary information developed,
acquired by or licensed to BCCA. You will take all reasonable
acquired by or licensed to BC Cancer. You will take all reasonable
precautions necessary to safeguard the confidentiality of the
Product, and will not disclose any information about the Product to
any other person without BCCA's prior written consent. You will
any other person without BC Cancer's prior written consent. You will
not allow the removal or defacement of any confidential or
proprietary notice placed on the Product. You acknowledge that any
breach of this Section 6 will cause irreparable harm to BCCA and
breach of this Section 6 will cause irreparable harm to BC Cancer and
its licensors.

7. NO WARRANTIES: THIS PRODUCT IS PROVIDED TO YOU BY BCCA IN ORDER TO
7. NO WARRANTIES: THIS PRODUCT IS PROVIDED TO YOU BY BC Cancer IN ORDER TO
ALLOW YOU TO OBTAIN ACCESS TO LEADING ACADEMIC RESEARCH. THE PRODUCT
IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY
KIND. NO WARRANTY, REPRESENTATION OR CONDITION EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR
CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE,
DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE SHALL
APPLY. BCCA DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ON A
APPLY. BC CANCER DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ON A
CONTINUOUS OR TROUBLE FREE BASIS.

8. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BCCA TO
APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BC CANCER TO
YOU EXCEED THE AMOUNT YOU HAVE PAID TO ACQUIRE THE PRODUCT ("MAXIMUM
AMOUNT") AND WHERE YOU HAVE NOT PAID ANY AMOUNT FOR THE PRODUCT THEN
THE MAXIMUM AMOUNT SHALL BE DEEMED TO BE CDN$100.00. IN NO EVENT SHALL
BCCA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
BC CANCER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS OR
SAVINGS, REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. EXCEPT TO THE EXTENT THAT THE LAWS OF A
Expand All @@ -131,34 +131,34 @@ THAT THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY ARE FAIR IN LIGHT OF THE NATURE OF THE RIGHTS GRANTED HEREIN
AND THE AMOUNT OF FEES PAID BY YOU IN RESPECT OF THE PRODUCT.

9. INDEMNITY: You will indemnify, defend and hold harmless BCCA, its
9. INDEMNITY: You will indemnify, defend and hold harmless BC Cancer, its
board of directors, staff and agents from and against any and all
liability, loss, damage, action, claim or expense (including
attorney's fees and costs at trial and appellate levels) in
connection with any claim, suit, action, demand or judgement
(collectively, "Claim") arising out of, connected with, resulting
from, or sustained as a result of Your use of the Product or the
downloading of the Product, including without limitation, any Claim
relating to infringement of BCCA's intellectual property rights or
relating to infringement of BC Cancer's intellectual property rights or
the intellectual property rights of any third party.

10. SUPPORT AND MAINTENANCE: You acknowledge and agree that, unless
and to the extent expressly agreed by BCCA in a separate written
and to the extent expressly agreed by BC Cancer in a separate written
document, the Product is provided to You without any support or
maintenance from BCCA and, for greater certainty, BCCA shall have
maintenance from BC Cancer and, for greater certainty, BC Cancer shall have
no obligation to issue any update or upgrade to any Product.

11. TERM: This Agreement is effective until terminated. You may
terminate this Agreement at any time by ceasing use of the Product
and destroying or deleting any copies of the Product. This
Agreement will terminate immediately without notice from BCCA if
You fail to comply with any provision of this Agreement. BCCA may
terminate this Agreement at any time upon notice to you where BCCA
Agreement will terminate immediately without notice from BC Cancer if
You fail to comply with any provision of this Agreement. BC Cancer may
terminate this Agreement at any time upon notice to you where BC Cancer
determines, in its sole discretion, that any continued use of the
Product could infringe the rights of any third parties. Upon
termination of this Agreement, and in any event upon BCCA
termination of this Agreement, and in any event upon BC Cancer
delivering You notice of termination, You shall immediately purge
all Products from Your computer system(s), return to BCCA all
all Products from Your computer system(s), return to BC Cancer all
copies of the Product that are in Your possession or control, and
cease any further development of any Improvements. On any
termination of this Agreement Sections 1, 4, 6, 7, 8, 9, 13 and 14
Expand Down Expand Up @@ -195,7 +195,7 @@ connection with this Agreement.
(b) USE OF THE PRODUCT IS PROHIBITED IN ANY JURISDICTION WHICH DOES
NOT GIVE EFFECT TO THE TERMS OF THIS AGREEMENT.
(c) You agree that no joint venture, partnership, employment,
consulting or agency relationship exists between You and BCCA as a
consulting or agency relationship exists between You and BC Cancer as a
result of this Agreement or Your use of the Product.
(d) You hereby consent to Your contact information and any other
personally identifiable information that You provide to us being
Expand All @@ -205,14 +205,14 @@ businesses and operations; (ii) marketing products and services to You
and your staff; and (iii) developing new and enhancing existing
products. You further agree that we may provide this information to
other persons as required to satisfy any legal requirements and to any
person that acquires some or all of the assets of BCCA. Where any of
person that acquires some or all of the assets of BC Cancer. Where any of
the personally identifiable information that You provide to us is in
respect of individuals other than Yourself (such as Your staff) then
You represent and warrant to use that You have obtained all necessary
consents and authorizations from such individuals in order to comply
with this provision. Please see the BCCA website for further
with this provision. Please see the BC Cancer website for further
information regarding personally identifiable information.
(e) This Agreement is the entire Agreement between You and BCCA
(e) This Agreement is the entire Agreement between You and BC Cancer
relating to this subject matter. You will not contest the validity of
this Agreement merely because it is in electronic form. No
modification of this Agreement will be binding, unless in writing and
Expand All @@ -226,5 +226,5 @@ Agreement.
retain it for Your records.
(h) You consent to the use of the English language in this Agreement.
(i) You may not assign this Agreement or any of Your rights or
obligations hereunder without BCCA's prior written consent. BCCA, at
obligations hereunder without BC Cancer's prior written consent. BC Cancer, at
its sole discretion may assign this Agreement without notice to You.

0 comments on commit ba76536

Please sign in to comment.