key: free-surfer-1.0
short_name: FreeSurfer Software License Agreement 1.0
name: FreeSurfer Software License Agreement 1.0
category: Permissive
owner: MGH
homepage_url: https://surfer.nmr.mgh.harvard.edu/fswiki/FreeSurferSoftwareLicense
spdx_license_key: LicenseRef-scancode-free-surfer-1.0
ignorable_authors:
  - The General Hospital Corporation, Boston MA
text: "FreeSurfer Software License Agreement\n\nVersion 1.0, February 2011\n\nThis Agreement\
  \ covers contributions to and downloads from the FreeSurfer project (\"FreeSurfer\") maintained\
  \ by The General Hospital Corporation, Boston MA, USA (\"MGH\"). Part A of this Agreement\
  \ applies to contributions of software and/or data to FreeSurfer (including making revisions\
  \ of or additions to code and/or data already in FreeSurfer). Part B of this Agreement applies\
  \ to downloads of software and/or data from FreeSurfer. Part C of this Agreement applies to\
  \ all transactions with FreeSurfer. If you distribute Software (as defined below) downloaded\
  \ from FreeSurfer, all of the paragraphs of Part B of this Agreement must be included with\
  \ and apply to such Software.\n\nYour contribution of software and/or data to FreeSurfer (including\
  \ prior to the date of the first publication of this Agreement, each a \"Contribution\") and/or\
  \ downloading, copying, modifying, displaying, distributing or use of any software and/or\
  \ data from FreeSurfer (collectively, the \"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 contribute your Contribution, or to download, copy, modify, display,\
  \ distribute or use the Software.\n\nPART A. CONTRIBUTION AGREEMENT\n\nLicense to MGH with\
  \ Right to Sublicense (\"Contribution Agreement\")\n\nAs used in this Contribution Agreement,\
  \ \"you\" means the individual contributing the Contribution to FreeSurfer and the institution\
  \ or entity which employs or is otherwise affiliated with such individual in connection with\
  \ such Contribution.\n\nThis Contribution Agreement applies to all Contributions made to FreeSurfer,\
  \ including without limitation Contributions made prior to the date of first publication of\
  \ this Agreement. If at any time you make a Contribution to FreeSurfer, you represent that\
  \ (i) you are legally authorized and entitled to make such Contribution and to grant all licenses\
  \ granted in this Contribution Agreement with respect to such Contribution; (ii) if your Contribution\
  \ includes any patient data, all such data is de-identified in accordance with U.S. confidentiality\
  \ and security laws and requirements, including but not limited to the Health Insurance Portability\
  \ and Accountability Act (HIPAA) and its regulations, and your disclosure of such data for\
  \ the purposes contemplated by this Agreement is properly authorized and in compliance with\
  \ all applicable laws and regulations; and (iii) you have preserved in the Contribution all\
  \ applicable attributions, copyright notices and licenses for any third party software or\
  \ data included in the Contribution.\n\nExcept for the licenses granted in this Agreement,\
  \ you reserve all right, title and interest in your Contribution.\n\nYou hereby grant to MGH,\
  \ with the right to sublicense, a perpetual, worldwide, non-exclusive, no charge, royalty-free,\
  \ irrevocable license to use, reproduce, make derivative works of, display and distribute\
  \ the Contribution. If your Contribution is protected by patent, you hereby grant to MGH,\
  \ with the right to sublicense, a perpetual, worldwide, non-exclusive, no-charge, royalty-free,\
  \ irrevocable license under your interest in patent rights covering the Contribution, to make,\
  \ have made, use, sell and otherwise transfer your Contribution, alone or in combination with\
  \ any other code.\n\nYou acknowledge and agree that MGH may incorporate your Contribution\
  \ into FreeSurfer and may make FreeSurfer available to members of the public on an open source\
  \ basis under terms substantially in accordance with the Software License set forth in Part\
  \ B of this Agreement. You further acknowledge and agree that MGH shall have no liability\
  \ arising in connection with claims resulting from your breach of any of the terms of this\
  \ Agreement.\n\nYOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION DOES NOT\
  \ CONTAIN ANY CODE THAT REQURES OR PRESCRIBES AN \"OPEN SOURCE LICENSE\" FOR DERIVATIVE WORKS\
  \ (by way of non-limiting example, the GNU General Public License or other so-called \"reciprocal\"\
  \ license that requires any derived work to be licensed under the GNU General Public License\
  \ or other \"open source license\"). \n\nPART B. DOWNLOADING AGREEMENT\n\nLicense from MGH\
  \ with Right to Sublicense (\"Software License\")\n\nAs used in this Software License, \"\
  you\" means the individual downloading and/or using, reproducing, modifying, displaying and/or\
  \ distributing the Software and the institution or entity which employs or is otherwise affiliated\
  \ with such individual in connection therewith. The General Hospital Corporation, Boston MA,\
  \ USA (\"MGH\") hereby grants you, with right to sublicense, with respect to MGH's rights\
  \ in the software, and data, if any, which is the subject of this Software License (collectively,\
  \ the \"Software\"), a royalty-free, non-exclusive license to use, reproduce, make derivative\
  \ works of, display and distribute the Software, provided that: (a) you accept and adhere\
  \ to all of the terms and conditions of this Software License; (b) in connection with any\
  \ copy of or sublicense of all or any portion of the Software, all of the terms and conditions\
  \ in this Software License shall appear in and shall apply to such copy and such sublicense,\
  \ including without limitation all source and executable forms and on any user documentation,\
  \ prefaced with the following words: \"All or portions of this licensed product (such portions\
  \ are the \"Software\") have been obtained under license from The General Hospital Corporation\
  \ and are subject to the following terms and conditions:\" (c) you preserve and maintain all\
  \ applicable attributions, copyright notices and licenses included in or applicable to the\
  \ Software; (d) modified versions of the Software must be clearly identified and marked as\
  \ such, and must not be misrepresented as being the original Software; and (e) you consider\
  \ making, but are under no obligation to make, the source code of any of your modifications\
  \ to the Software freely available to others on an open source basis.\n\nThe license granted\
  \ in this Software License includes without limitation the right to (i) incorporate the Software\
  \ into proprietary programs (subject to any restrictions applicable to such programs), (ii)\
  \ add your own copyright statement to your modifications of the Software, and (iii) provide\
  \ additional or different license terms and conditions in your sublicenses of modifications\
  \ of the Software; provided that in each case your use, reproduction or distribution of such\
  \ modifications otherwise complies with the conditions stated in this Software License.\n\n\
  This Software License does not grant any rights with respect to third party software, except\
  \ those rights that MGH has been authorized by a third party to grant to you, and accordingly\
  \ you are solely responsible for (i) obtaining any permissions from third parties that you\
  \ need to use, reproduce, make derivative works of, display and distribute the Software, and\
  \ (ii) informing your sublicensees, including without limitation your end-users, of their\
  \ obligations to secure any such required permissions.\n\nThe Software has been designed for\
  \ research purposes only and has not been reviewed or approved by the Food and Drug Administration\
  \ or by any other agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL APPLICATIONS ARE NEITHER\
  \ RECOMMENDED NOR ADVISED. Any commercialization of the Software is at the sole risk of the\
  \ party or parties engaged in such commercialization. You further agree to use, reproduce,\
  \ make derivative works of, display and distribute the Software in compliance with all applicable\
  \ governmental laws, regulations and orders, including without limitation those relating to\
  \ export and import control.\n\nThe Software is provided \"AS IS\" and neither MGH nor any\
  \ contributor to the software (each a \"Contributor\") shall have any obligation to provide\
  \ maintenance, support, updates, enhancements or modifications thereto. MGH AND ALL CONTRIBUTORS\
  \ SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND INCLUDING, BUT NOT\
  \ LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.\
  \ IN NO EVENT SHALL MGH OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL,\
  \ INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY\
  \ ARISING IN ANY WAY RELATED TO THE SOFTWARE, EVEN IF MGH OR ANY CONTRIBUTOR HAS BEEN ADVISED\
  \ OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW OR REGULATION,\
  \ YOU FURTHER ASSUME ALL LIABILITY FOR YOUR USE, REPRODUCTION, MAKING OF DERIVATIVE WORKS,\
  \ DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE AND AGREE TO INDEMNIFY AND HOLD HARMLESS\
  \ MGH AND ALL CONTRIBUTORS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND\
  \ JUDGMENTS ARISING THEREFROM.\n\nNone of the names, logos or trademarks of MGH or any of\
  \ MGH's affiliates or any of the Contributors, or any funding agency, may be used to endorse\
  \ or promote products produced in whole or in part by operation of the Software or derived\
  \ from or based on the Software without specific prior written permission from the applicable\
  \ party.\n\nAny use, reproduction or distribution of the Software which is not in accordance\
  \ with this Software License shall automatically revoke all rights granted to you under this\
  \ Software License and render Paragraphs 1 and 2 of this Software License null and void.\n\
  \nThis Software License does not grant any rights in or to any intellectual property owned\
  \ by MGH or any Contributor except those rights expressly granted hereunder. \n\nPART C. MISCELLANEOUS\n\
  \nThis Agreement shall be governed by and construed in accordance with the laws of The Commonwealth\
  \ of Massachusetts without regard to principles of conflicts of law. This Agreement shall\
  \ supercede and replace any license terms that you may have agreed to previously with respect\
  \ to FreeSurfer."