Whitehead-MIT

Copyright (c) 2000-2003, Whitehead Institute for Biomedical 
Research; 2003-2006 Massachusetts Institute of Technology.

Redistribution and use in source and binary forms are subject to the 
terms of the following license agreement.

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             *** (PROGRAM NAME) LICENSE AGREEMENT ***

This License Agreement (the "Agreement") is made between the 
Massachusetts Institute of Technology, a not-for-profit organization 
and the licensing agent for the Whitehead Institute for Biomedical 
Research ("WHITEHEAD") with a principal address at 77 Massachusetts 
Avenue, Cambridge, MA 02139 ("M.I.T."), and the individual 
downloading this program ("YOU"), and is effective at the date the 
downloading is completed ("Effective Date").  WHITEHEAD and M.I.T. 
are the owners of certain rights, title, and interest in the 
computer program entitled (PROGRAM NAME) and related documentation, if 
any, as they exist on the Effective Date and as can be downloaded 
from http://www.broad.mit.edu/wga/ on the Effective Date (the 
"Program").  YOU wish to obtain and M.I.T. agrees to grant, on its 
own behalf and on behalf of WHITEHEAD, a non-exclusive license to 
use and modify the program for internal research and educational 
purposes only under the terms of the Agreement.  M.I.T. and YOU, in 
consideration of the above, agree as follows:

1. M.I.T. hereby grants to YOU, on the Effective Date, nonexclusive 
rights to use, reproduce, modify, and display the source code and 
executable code of the Program for internal research and educational 
purposes only, without any rights whatsoever to redistribute the 
program, under the terms and conditions of the Agreement.  WHITEHEAD 
and M.I.T. retain all ownership rights in the Program, including 
patent rights, copyrights, and licensing rights.  YOU may retain 
ownership in Modifications created by YOU, provided that YOU hereby 
grant to WHITEHEAD and M.I.T. a non-exclusive, royalty-free, 
irrevocable, perpetual license to use reproduce, modify, display, 
and distribute the source code and executable code in all such 
Modifications.  YOU agree to forward to M.I.T. any and all 
Modifications, sending such Modifications to: (PROGRAM NAME), Broad 
Institute, 7 Cambridge Center, Cambridge, MA  02142, or in 
electronic form to: wga@broad.mit.edu.  YOU shall be entitled to 
establish all proprietary rights for itself in the Modifications, 
provided that proper copyright attributions are maintained.  No 
rights, express or implied, for use other than specified in this 
Agreement are transferred.

2. YOU agree to restrict the use of the Program to yourself for 
research and educational purposes only.  YOU agree to use the 
Program only at the site where the Program is downloaded.  YOU agree 
that the Program will not be used as the basis of a commercial 
software or hardware product and that the same will not be rewritten 
in another computer language or otherwise adapted to circumvent the 
need for obtaining a license from M.I.T. for use of the Program 
other than as specified by this Agreement.

3. The name of the Whitehead Institute, the "Broad Institute" or 
M.I.T. may not be used to endorse or promote products derived from 
this software.  YOU agree to acknowledge use of the Program in any 
publication resulting from use of the Program according to academic 
tradition.

4. YOU acknowledge that title to the Program (including copyright) 
will remain with WHITEHEAD and M.I.T. and that any copies of the 
Program or portions of the Program made by YOU shall include 
WHITEHEAD and M.I.T. copyright notices in the same format and 
location as the copy received by YOU under this agreement.

5. YOU accept the above materials on an "AS IS" basis. M.I.T. and 
WHITEHEAD are under no obligation to load the Program onto YOUR 
machines, test for proper operation, perform any debugging, make any 
corrections, provide maintenance, provide any updates, or assist in 
the understanding or use of the Program.  The Program is a research 
program, and M.I.T. and WHITEHEAD do not represent that it is free 
of errors or bugs or suitable for any particular tasks.

6. YOU AGREE THAT THE RIGHTS GRANTED HEREUNDER ARE MADE AVAILABLE 
WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT 
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS 
FOR A PARTICULAR PURPOSE, AND FURTHER INCLUDING NO WARRANTY AS TO 
CONFORMITY WITH WHATEVER USER MANUALS OR OTHER LITERATURE MAY BE 
ISSUED FROM TIME TO TIME.  NOTHING IN THIS AGREEMENT SHALL BE 
CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY M.I.T. OR 
WHITEHEAD THAT THE PRACTICE BY YOU OF THE LICENSE GRANTED HEREUNDER 
SHALL NOT INFRINGE THE PATENT RIGHTS, COPYRIGHTS, OR OTHER 
INTELLECTUAL PROPERTY RIGHTS OF M.I.T., WHITEHEAD, OR ANY THIRD 
PARTY.

IN NO EVENT SHALL M.I.T., WHITEHEAD, OR THEIR RESPECTIVE TRUSTEES, 
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSOCIATES BE LIABLE FOR 
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC 
DAMAGE OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER 
M.I.T. OR WHITEHEAD SHALL BE ADVISED, SHALL HAVE OTHER REASON TO 
KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY.

7. To the extent allowed by law, YOU shall at all times during the 
term of this Agreement and thereafter, indemnify, defend and hold 
harmless M.I.T., WHITEHEAD, and their respective trustees, 
directors, officers, employees, agents and affiliates, against all 
claims, proceedings, demands, and liabilities of any kind 
whatsoever, including legal expenses and reasonable attorneys fees, 
arising out of, connected with, resulting from or sustained as a 
result of use of the Program by YOU.  In no event shall M.I.T. or 
WHITEHEAD be liable for special, direct, indirect or consequential 
damages, losses, costs, charges, claims, demands, fees, or expenses 
of any nature or kind.

8. This Agreement shall be construed, governed, interpreted, and 
applied in accordance with the laws of the Commonwealth of 
Massachusetts, U.S.A.

9. The term of this Agreement is one year (the "Term").  At the end 
of the Term, the Agreement shall be automatically renewed under the 
same terms and conditions unless M.I.T. indicates otherwise.  M.I.T. 
shall have the right to terminate this Agreement for any reason by 
giving thirty (30) days written notice to YOU.  Upon termination for 
any reason, YOU agree to destroy the original and all copies, 
including partial copies, of the Program.

10. The parties agree that this Agreement is the entire Agreement, 
and shall not be subject to any change or modification except in 
writing by both parties.

11. The provisions of this Agreement are severable, and if any 
provisions of this Agreement are determined to be invalid or 
unenforceable, such determination shall not in any way affect the 
validity or enforceability of the remaining provisions.