17-042 | CMARK - Matlab Toolbox for Segmentation and Tracking of Cells in Time-lapse Images
17-042 CMARK: a Matlab Toolbox for Segmentation and Tracking of Cells in Time-lapse Images User Copyright Agreement
17-042 CMARK User Copyright Agreement
A Computer Program to CMARK: a Matlab Toolbox for Segmentation and Tracking of Cells in Time-lapse Image (“CMARK”) and associated material is subject to copyright under title 17 US code owned by the University of Notre Dame du Lac (“ND”).
GRANT of RIGHTS. The University of Notre Dame du Lac (“ND”) grants to you and you, a user downloading the software, (“LICENSEE”) accept, through the act of downloading the software, a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license to the copyright owned by ND in CMARK subject to the terms of this agreement (“AGREEMENT”). The effective date of this AGREEMENT shall be the date CMARK is first downloaded by LICENSEE.
RIGHTS and RESTRICTIONS. LICENSEE may make use of and create derivative works of CMARK for its own internal purposes but shall not copy, use, sublicense or sell CMARK for the direct commercial benefit of LICENSEE in which LICENSEE receives revenue for product or services containing CMARK or derivative works. Additionally, LICENSEE is prohibited from creating products or processes for end-use by third parties or for use in services intended to benefit third parties, regardless of revenue. LICENSEE shall not sell, transfer, lease, or otherwise distribute products incorporating CMARK to third parties. LICENSEE shall not distribute, disclose, show, or otherwise publically display, in whole or in part, CMARK source code (if so provided). LICENSEE shall not reverse engineer, decompile, or disassemble CMARK in an attempt to uncover source code (if not provided). LICENSEE may freely display and distribute the results obtained from CMARK and products containing CMARK.
USE LIMITATIONS. This license allows LICENSEE only one copy of CMARK. LICENSEE may install the copy of CMARK on one and only one computer or server. If made available to multiple users, the number of users who may use CMARK at any one time is limited to 10. Multiple licenses may be obtained by LICENSEE to extend the number of users.
RETAINED RIGHTS. LICENSEE acknowledges CMARK is the good and valuable property of ND. ND reserves all rights not expressly granted herein.
Liability and Warranty. LICENSEE agrees that its use of CMARK is at its own risk, and that CMARK is provided as-is. ND makes no representation and extends no warranties of any kind either express or implied, including but not limited to warranties of merchantability, fitness of a particular purpose, freedom of infringement from any patent, copyright, or any other intellectual property or proprietary right, or the absence of defects, whether or not discoverable, in CMARK or associated material. LICENSEE accepts all liability and agrees ND shall not be liable for any loss or damage associated with its use of CMARK. LICENSEE agrees to indemnify, defend, and hold ND harmless against all claims associated with LICENSEE’s use of CMARK, including ND’s reasonable attorney’s fees and costs.
Termination. This AGREEMENT may be immediately terminated through written notice provided by ND upon material breach of terms by LICENSEE. LICENSEE shall return all copies of CMARK or provide written confirmation of their permanent destruction within sixty (60) days of receiving such notice.
Choice of Law. All disputes arising out of or related to this Agreement, or the performance, enforcement, breach or termination hereof, and any remedies relating thereto, shall be construed, governed, interpreted and applied in accordance with the laws of the State of Indiana, U.S.A., without giving effect to principles of conflict of laws or choice of law rules.
Notification. The address provided shall be used for any notification desired or required under this AGREEMENT.
Office of Technology Transfer
University of Notre Dame
1400 East Angela Blvd
South Bend, IN 46617