Licence agreement¶

License agreement¶

THE GENERAL HOSPITAL CORPORATION

ACADEMIC RESEARCH USE

SOFTWARE LICENSE AGREEMENT FOR BINARY CODE

By downloading and/or using the MNE software which is the subject of this Agreement (the “Software”), you hereby accept and agree to all of the terms and conditions of this Agreement. As used in this Agreement, “you” means the individual who clicks the “I accept” button required as a condition of downloading the Software and the not-for-profit or governmental institution or entity which employs or is otherwise affiliated with such individual at the time of such download (the “Institution”).

• License Grant. Subject to all of the terms and conditions of this Agreement, [The General Hospital Corporation, d/b/a Massachusetts General Hospital] [The Brigham and Women’s Hospital, Inc.] (“Licensor”) hereby grants you a non-exclusive, non-transferable, non-sublicensable license under Licensor’s rights in the Software to copy and use the binary code of the Software solely for research and educational purposes under your direction at the Institution (“Research and Educational Purposes,” which term shall include company sponsored research conducted by you in accordance with Institution’s policies).
• No Transfer. You may not sell, license, distribute, rent, lease, offer on an ASP or service bureau basis, grant a security interest in or otherwise transfer the Software to any third party or use the Software for any commercial purpose.
• Installation and Maintenance. You are solely responsible for installing and maintaining the Software and for testing the Software for proper operation. Licensor shall have no obligation to provide any support, maintenance, corrections, debugging, improvements, modifications, upgrades or updates of the Software or notice of any of the forgoing, or otherwise assist Licensee in installing, configuring, integrating, understanding or using the Software.
• Attributions and Acknowledgments. You must preserve and maintain all applicable attributions, copyright notices and licenses included in or applicable to the Software. You agree to provide acknowledgement of Licensor and its designated professional staff who participated in the creation of the Software in publications or presentations in accordance with standard academic practice, provided that you may not otherwise use Licensor’s name, logos or trademarks or the name of any individual associated with Licensor, or of any funding agency, in any advertising, promotional or sales material or publicity or in any document employed to obtain funds or financing, or to endorse or promote any research results or products related to or arising from the Software, without the prior written consent of a person authorized to make such consent.
• Third Party Software. This Agreement does not grant any rights with respect to any third party software, except those rights that Licensor has been authorized by a third party to grant to you, and accordingly you are solely responsible for obtaining any permissions from third parties which are necessary to use and copy the Software.
• Compliance with Law. You must comply with all applicable governmental laws, regulations and orders, including without limitation those relating to export and import control, in exercising your rights under this Agreement.
• Termination. You may terminate this Agreement at any time by destroying all copies of the Software. Licensor may terminate this Agreement at any time by providing notice to you of such termination. Any use or copying of the Software by you which is inconsistent with the terms and conditions of this Agreement shall automatically render this Agreement null and void and terminate the license granted hereunder. Upon any termination of this Agreement you must stop using the Software and return or destroy all copies of the Software, including any portion thereof.
• DISCLAIMERS. YOU ACKNOWLEDGE THAT THE SOFTWARE HAS BEEN DESIGNED FOR RESEARCH PURPOSES ONLY AND HAS NOT BEEN REVIEWED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION OR BY ANY OTHER AGENCY, AND YOU FURTHER ACKNOWLEDGE THAT CLINICAL APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED. The Software is provided “AS IS”, is experimental, may contain errors and is subject to further development and revision. Licensor does not guarantee the accuracy of the Software, or of any results or data. LICENSOR SPECIFICALLY DISCLAIMS 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
• LIMITATION OF LIABILITY. IN NO EVENT SHALL LICENSOR OR ANY OF ITS TRUSTEES, DIRECTORS, OFFICERS, MEDICAL OR PROFESSIONAL STAFF, EMPLOYEES, STUDENTS OR AGENTS (“LICENSOR’S PERSONNEL”) 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 LICENSOR OR ANY OF LICENSOR’S PERSONNEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY LAW OR REGULATION, YOU ASSUME ALL RISK AND LIABILITY FOR YOUR USE AND COPYING OF THE SOFTWARE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS LICENSOR AND EACH OF LICENSOR’S PERSONNEL FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS ARISING THEREFROM
• U.S. Government Rights. For Software supported by federal funding, the license granted under this Agreement is subject to the rights, conditions and limitations imposed by U.S. law including without limitation 35 U.S.C. § 202 et seq. and regulations pertaining thereto.
• General. This Agreement constitutes the entire understanding between you and Licensor with respect to the subject matter hereof, and supercedes any prior or contemporaneous oral or written agreements with respect thereto. C API Reference, Browsing raw data with mne_browse_raw, The minimum-norm current estimates, Morphing and averaging, and Utilities shall survive any termination of this Agreement. This Agreement may be modified or amended only in a writing signed by duly authorized representatives of both Parties hereto. The invalidity or unenforceability of any provision of this Agreement shall not affect any other provision hereof. This Agreement and the license granted hereunder may not be assigned