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key
sbia-b
short_name
SBIA Part B
name
SBIA Software license - Downloading Agreement
category
Permissive
owner
SBIA
homepage_url
https://www.cbica.upenn.edu/sbia/software/license.html
spdx_license_key
LicenseRef-scancode-sbia-b
minimum_coverage
60
license_text
PART B. DOWNLOADING AGREEMENT - LICENSE FROM SBIA WITH RIGHT TO SUBLICENSE ("SOFTWARE LICENSE").
------------------------------------------------------------------------------------------------

1. As 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 Section of Biomedical Image Analysis,
   Department of Radiology at the Universiy of Pennsylvania ("SBIA") hereby grants
   you, with right to sublicense, with respect to SBIA'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
   Section of Biomedical Image Analysis, Department of Radiology at the University
   of Pennsylvania 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.

2. The 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.

3. This Software License does not grant any rights with respect to third party
   software, except those rights that SBIA 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.

4. The 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.

5. The Software is provided "AS IS" and neither SBIA nor any contributor to
   the software (each a "Contributor") shall have any obligation to provide
   maintenance, support, updates, enhancements or modifications thereto.
   SBIA 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 SBIA 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 SBIA 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 SBIA AND ALL CONTRIBUTORS FROM
   AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS ARISING
   THEREFROM.

6. None of the names, logos or trademarks of SBIA or any of SBIA'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.

7. Any 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.

8. This Software License does not grant any rights in or to any intellectual
   property owned by SBIA or any Contributor except those rights expressly
   granted hereunder.


PART C. MISCELLANEOUS
---------------------

This Agreement shall be governed by and construed in accordance with the laws
of The Commonwealth of Pennsylvania 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 Software from SBIA.