GelBuddy Downloads and License Agreement

1.1. Subject to the terms and conditions of this Agreement for non-profit, educational institutions only, GelBuddy™ experimental research software (the “software”) is being made available to you (“Licensee”) by Fred Hutchinson Cancer Research Center (“FHCRC”) under a limited, non-exclusive, non-transferable license.The Licensee agrees to store and/or install the SOFTWARE on a single device (e.g. network server or terminal server) only.

1.2. The SOFTWARE is only to be used (i) by Licensee and its employees, (ii) at a site controlled by the Licensee and (iii) to educate the Licensee’s enrolled students, perform non-profit, non-commercial research, or provide non-profit, non-commercial administrative support within the Licensee.

1.3. Except as expressly provided for herein, no right or license, express or implied, is granted to the Licensee by the execution of this Agreement or the transfer of any software, techniques or information. Title to the SOFTWARE shall remain with FHCRC at all times.

2.1. The Licensee acknowledges that the SOFTWARE represents, contains and embodies proprietary rights of FHCRC and to protect such rights, the Licensee may not decompile, reverse engineer, disassemble or otherwise reduce the SOFTWARE or any part thereof to any human-perceivable form except as permitted under applicable law.

2.2. The Licensee may not (i) use the SOFTWARE as a commercial product or as the basis for a commercial product of any kind or (ii) distribute, sell, lease or loan the SOFTWARE. The Licensee may merge the software with other programs, but may not distribute any program that contains the software or any part thereof without prior written approval of FHCRC.

2.3. Licensee (i) will not remove any copyright notices or proprietary legends from the SOFTWARE, (ii) will reproduce on all copies of the SOFTWARE the copyright notice and any other proprietary legends that were on the original copy of the SOFTWARE, and (iii) will take reasonable steps to ensure that each user of the SOFTWARE at LICENSEE is aware of and complies with the terms and conditions of this Agreement.

3.1. The SOFTWARE and documentation have been copyrighted by FHCRC and are protected by United States Copyright Law from unauthorized duplication.

4.1. THE SOFTWARE IS A RESEARCH PRODUCT OF FHCRC AND IS EXPERIMENTAL IN NATURE. NEITHER FHCRC NOR THE AUTHORS ARE OBLIGATED TO PROVIDE ANY RELATED SERVICES OR SUPPORT, INCLUDING WITHOUT LIMITATION ASSISTANCE WITH INSTALLATION OF THE SOFTWARE OR CORRECTION OF ERRORS IN THE SOFTWARE OR ANY RELATED DOCUMENTATION. THE LICENSEE ACKNOWLEDGES AND UNDERSTANDS THAT THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. FHCRC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATION AND WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE REPRESENTATION AND WARRANTY THAT USE OF THE SOFTWARE WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. FHCRC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE LICENSEE’S REQUIREMENTS. FURTHERMORE, FHCRC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FHCRC, OR AN AUTHORIZED REPRESENTATIVE OF FHCRC WILL CREATE A REPRESENTATION OR WARRANTY.

4.2. Under no circumstances, including negligence, shall FHCRC be liable for anydamages that result from the use of or inability to use the SOFTWARE or related documentation, INCLUDING WITHOUT LIMITATION INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, even if FHCRC has been advised of the possibility of such damages.

5.1. If any breach of this Agreement continues for more than thirty (30) days after receipt of written notice of such breach by FHCRC, FHCRC may terminate this Agreement by written notice to the Licensee, whereupon this Agreement and all rights granted to the Licensee herein shall immediately cease. Licensee may terminate this Agreement at any time by providing written notice to FHCRC. In the event of any termination of this Agreement, the Licensee will promptly return to FHCRC all copies of the SOFTWARE or verify in writing that all copies of the SOFTWARE have been destroyed.

5.2. Sections 4, 5.2 and 6.1 will survive any termination of this Agreement.

6.1. This is a legal agreement between the Licensee and FHCRC. Should any dispute arise under this agreement, such dispute shall be settled according to the laws of the State of Washington. THE LICENSEE AND ITS USERS OF THE SOFTWARE agree to abide by all of the terms and conditions as stated herein. IF THE LICENSEE DOES NOT AGREE WITH EVEN ONE TERM OF THIS AGREEMENT, CLICK “CANCEL” BELOW AND DO NOT INSTALL THE SOFTWARE.