Pedigraph (hereafter referred to as the Software) and associated documentation provide the capability to produce graphical displays of large, complex pedigrees.
Pedigraph 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.
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 Pedigraph 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. In addition, the following applies to the software:
"This product contains certain software code or other information ("AT&T Software") proprietary to AT&T Corp. ("AT&T"). The AT&T Software is provided to you "AS IS". YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE AT&T SOFTWARE. AT&T DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THE AT&T SOFTWARE IS "ERROR FREE" OR WILL MEET YOUR REQUIREMENTS."
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 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, firstname.lastname@example.org (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.