Locusmap (hereafter referred to as the Software) and associated documentation
provide the capability to perform linkage analysis of multiple loci and
construct linkage maps.
Locusmap is a trademark and copyrighted Software of the Regents of the
University of Minnesota (hereafter referred to as the University).
Please read the following license agreement carefully. By clicking ACCEPT below,
you ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE PROVISIONS OF THE
BELOW LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
ACCEPT
Whereas the purpose of this license is to provide LICENSEE a limited
function demonstration copy of the Software in order to demonstrate function
and solicit feedback regarding useability and features:
1. The Regents of the University of Minnesota
(hereafter referred to as UNIVERSITY) grant you (hereafter
LICENSEE), a no charge, non-exclusive, and non-transferable
license to use the Locusmap software and associated documentation furnished
hereunder (hereinafter called the “Software”), upon the terms
and conditions hereinafter set out:
a. RESTRICTIONS. Licensee may not translate, modify, disassemble, decompile,
reverse engineer or develop derivative works of this Software. Licensee
agrees to protect the Software and its accompanying documentation from
unauthorized use, reproduction, distribution or publication and to use
reasonable efforts to prevent others from such unauthorized use of Software
and its accompanying documentation. Unauthorized copying of
any parts of the Software, including versions in which the Software has
been modified, merged or included with other software, or of the accompanying
documentation, for any reason, is expressly forbidden. Licensee may
be held liable for copyright infringement which results from such unauthorized
copying. This Software is protected by the United States Copyright
Law and International Copyright Provisions.
b. NAME USE. Nothing in this Agreement shall be construed as conferring
to LICENSEE any right to use in advertising, publicity or otherwise any
trademark of the UNIVERSITY or the name of UNIVERSITY. Licensee may not
use the name, University of Minnesota, logo or marks of the University,
or the name of the Software contained herein, or any adaptation thereof
without University’s express prior written approval in each instance.
c. TERMINATION. The trial use of this Software, and therefore this
Agreement, will terminate on August 31, 2009, or immediately without notice
from University if Licensee fails to comply with any term or condition
stated herein. Upon termination, Licensee shall immediately destroy the
Software, all copies thereof, and all accompanying documentation and certify
same to the University, or return all of the material to University at
Licensee’s expense.
2. LICENSEE acknowledges that the Software
is a research tool still in the development stage, that
it is being supplied “as
is,” without any accompanying services or warrantee from UNIVERSITY
and that this license is entered into in order to enable LICENSEE to utilize
the Software in its scholarly activities.
3. Warranties and Disclaimers
Warranties. THIS SOFTWARE AND ACCOMPANYING
DOCUMENTATION ARE PROVIDED “AS IS” AND UNIVERSITY MAKES NO
EXPRESS OR IMPLIED WARRANTIES REGARDING THE SOFTWARE INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. UNIVERSITY DOES NOT WARRANT, GUARANTEE, OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED
BY LICENSEE.
Limitation of Damages. IN NO EVENT WILL UNIVERSITY BE
LIABLE TO LICENSEE OR ANY PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, OR
INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
ETC.) ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE
EVEN IF UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING OTHER TERMS THIS
AGREEMENT, UNIVERSITY’S LIABILITY FOR ACTUAL DAMAGES FROM ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE) WILL BE
LIMITED, AS DETERMINED BY UNIVERSITY IN ITS SOLE DISCRETION, TO REPLACEMENT
OF THE SOFTWARE OR REFUND OF THE LICENSE FEE. IN THE EVENT OF SUCH
REPLACEMENT OR REFUND, LICENSEE MUST RETURN THE SOFTWARE TO BE REPLACED,
POSTAGE PREPAID, ALONG WITH PROOF OF PURCHASE, WITHIN NINETY (90) DAYS
FROM DATE OF PURCHASE.
4. LICENSEE agrees that it will use the Software solely for
internal, non-commercial purposes and shall not distribute or transfer
such to any person without prior written permission from UNIVERSITY. (The
term “non-commercial,” as used in this Agreement, means
academic- or other not-for-profit-scholarly research or education which
(a) is not undertaken for profit, or (b) is not intended to produce works,
services, or data for commercial use or for a for-profit corporation or
entity, or (c) is neither conducted, nor funded, by a person or an entity
engaged in the commercial use, application or exploitation of works similar
to the Software.)
5. No transfer of ownership rights is conferred to Licensee by this Agreement,
but instead, ownership of all rights, including copyright in the Software
and in any material associated therewith, shall at all times remain with
UNIVERSITY and LICENSEE agrees to preserve same. The UNIVERSITY reserves
all rights not specifically granted in this Agreement. The UNIVERSITY
may have patents and/or pending patent applications covering subject matter
in the SOFTWARE. The furnishing of this SOFTWARE does not give you any
license to these patents. LICENSEE agrees not to use any portion of
the Software in any machine-readable form outside the Software, nor to
make any copies except for its internal use, without prior written consent
of UNIVERSITY.
6. LICENSEE agrees to place the appropriate copyright notice on any such
copies as follows: "© 2002 Regents of the University of Minnesota.
Twin Cities. Department of Animal Science. Do not copy
or reproduce without permission. Contact: Dr. Yang Da, yda@umn.edu (612)
625-7780. All Rights Reserved"
7. This Agreement shall be construed, interpreted and applied in accordance
with the State of Minnesota and any legal action arising out of this Agreement
or use of the Software shall be filed in a court in the State of Minnesota. This
Agreement is the complete and entire Agreement of the parties with respect
to its subject matter.
8. The UNIVERSITY reserves the right to revise the SOFTWARE and associated
manuals without obligation to notify any person of such revision.
9. This license represents the UNIVERSITY’s entire understanding
and agreement regarding the SOFTWARE and documentation, and this license
supersedes any prior purchase order, communication, advertising, or representation.
No purchase order from LICENSEE will be accepted by UNIVERSITY that contains
terms and conditions other than are contained in this AGREEMENT.
By clicking ACCEPT below, you ACKNOWLEDGE THAT YOU HAVE
READ AND UNDERSTAND THE PROVISIONS OF THE ABOVE LICENSE AGREEMENT AND ARE
BOUND BY ITS TERMS AND CONDITIONS.
ACCEPT
