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LICENSE
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Copyright Notice. Copyright 2000-2008 Oracle, Inc. (Oracle)(“ caBIG® Participant”).
The CDE Browser 4.0 software was created with NCI funding and is part of the
caBIG® initiative. The software subject to this notice and license includes
both human readable source code form and machine readable, binary, object code
form (the “caBIG® Software”).
This caBIG® Software License (the “License”) is between NCI and You. “You (or “Your”)
shall mean a person or an entity, and all other entities that control, are controlled
by, or are under common control with the entity. “Control” for purposes of this
definition means (i) the direct or indirect power to cause the direction or management
of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
or more of the outstanding shares, or (iii) beneficial ownership of such entity.
License. Provided that You agree to the conditions described below, NCI grants You a
non-exclusive, worldwide, perpetual, fully-paid-up, no-charge, irrevocable, transferable
and royalty-free right and license in its rights in the caBIG® Software, including any
copyright or patent rights therein, to (i) use, install, disclose, access, operate, execute,
reproduce, copy, modify, translate, market, publicly display, publicly perform, and prepare
derivative works of the caBIG® Software in any manner and for any purpose, and to have or
permit others to do so; (ii) make, have made, use, practice, sell, and offer for sale,
import, and/or otherwise dispose of caBIG® Software (or portions thereof); (iii) distribute
and have distributed to and by third parties the caBIG® Software and any modifications and
derivative works thereof; and (iv) sublicense the foregoing rights set out in (i), (ii) and
(iii) to third parties, including the right to license such rights to further third parties.
For sake of clarity, and not by way of limitation, NCI shall have no right of accounting or
right of payment from You or Your sublicensees for the rights granted under this License.
This License is granted at no charge to You. Your downloading, copying, modifying, displaying,
distributing or use of caBIG® Software constitutes acceptance of all of the terms and conditions
of this Agreement. If you do not agree to such terms and conditions, you have no right to download,
copy, modify, display, distribute or use the caBIG® Software.
1. Your redistributions of the source code for the caBIG® Software must retain the above copyright
notice, this list of conditions and the disclaimer and limitation of liability of Article 6
below. Your redistributions in object code form must reproduce the above copyright notice,
this list of conditions and the disclaimer of Article 6 in the documentation and/or other
materials provided with the distribution, if any.
2. Your end-user documentation included with the redistribution, if any, must include the
following acknowledgment: “This product includes software developed by Oracle, Inc. and
the National Cancer Institute.” If You do not include such end-user documentation, You
shall include this acknowledgment in the caBIG® Software itself, wherever such third-party
acknowledgments normally appear.
3. You may not use the names “Oracle, Inc.”, “Oracle”, “The National Cancer Institute”,
“NCI”, “Cancer Bioinformatics Grid” or “caBIG®” to endorse or promote products derived
from this caBIG® Software. This License does not authorize You to use any trademarks,
service marks, trade names, logos or product names of either caBIG® Participant, NCI
or caBIG®, except as required to comply with the terms of this License.
4. For sake of clarity, and not by way of limitation, You may incorporate this caBIG® Software
into Your proprietary programs and into any third party proprietary programs. However, if
You incorporate the caBIG® Software into third party proprietary programs, You agree that
You are solely responsible for obtaining any permission from such third parties required
to incorporate the caBIG® Software into such third party proprietary programs and for
informing Your sublicensees, including without limitation Your end-users, of their
obligation to secure any required permissions from such third parties before incorporating
the caBIG® Software into such third party proprietary software programs. In the event that
You fail to obtain such permissions, You agree to indemnify NCI for any claims against NCI
by such third parties, except to the extent prohibited by law, resulting from Your failure
to obtain such permissions.
5. For sake of clarity, and not by way of limitation, You may add Your own copyright statement
to Your modifications and to the derivative works, and You may provide additional or
different license terms and conditions in Your sublicenses of modifications of the
caBIG® Software, or any derivative works of the caBIG® Software as a whole, provided
Your use, reproduction, and distribution of the Work otherwise complies with the conditions
stated in this License.
6. THIS caBIG® SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES
(INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. IN NO EVENT SHALL THE NATIONAL
CANCER INSTITUTE, ORACLE, OR THEIR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
caBIG® SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.