Download DISCLAIMER AND WAIVER - MD Anderson Cancer Center

DISCLAIMER AND WAIVER
WHEREAS THE UNIVERSITY OF TEXAS M. D. ANDERSON CANCER CENTER (CANCER
CENTER) located in Houston, Texas, and a component institution of the University of Texas System, is
owner of photon algorithm verification data set__________________________________________
(SOFTWARE)
developed at CANCER CENTER. CANCER CENTER hereby agrees to provide SOFTWARE
to____________________________________________________________________________________
(RECIPIENT)
located at ______________________________________________________________________________
subject to the following conditions and disclaimers:
1.
RECIPIENT is a scientist affiliated with a recognized non-profit academic research institution,
and intends to use SOFTWARE only for non-profit activities, including experimental research or
educational purposes.
2.
RECIPIENT will not use SOFTWARE for patient treatment.
3.
The operation and performance of SOFTWARE is not warranted by CANCER CENTER in any
way. CANCER CENTER provides SOFTWARE to RECIPIENT as is without warranty of
merchantability or of fitness for a particular purpose or any other warranty, expressed or implied.
CANCER CENTER makes no representation that the SOFTWARE or its use does not or will
not infringe any patent, copyright, or other proprietary right.
4.
CANCER CENTER accepts no liability for SOFTWARE or its use.
5.
RECIPIENT agrees to waive all claims against CANCER CENTER, its Regents, officers,
agents and employees, and to indemnify and hold harmless CANCER CENTER, its Regents,
officers, agents and employees from all claims, demands, liability, loss or damage to property or
persons, asserted by third parties, arising, directly or indirectly, from RECIPIENTS use, storage,
selection, acceptance, or handling of SOFTWARE.
6.
RECIPIENT agrees to acknowledge the SOFTWARE author and the CANCER CENTER in
presentations, papers, and products that benefit substantially from the availability of the
SOFTWARE.
7.
RECIPIENT agrees to grant and hereby grants CANCER CENTER a royalty-free nonexclusive
perpetual license to use RECIPIENT’S modifications of the SOFTWARE.
RECIPIENT:
CANCER CENTER:
BY
______________________________________
BY ______________________________________
Originator of Software
BY
______________________________________
Institutional Officer
(if available)
______________________________________
Isaac Rosen, Ph.D.
Group Leader, Treatment Planning and Information
Technology
TITLE
____________________________________
______________________________________
John L. Horton, Ph.D.
Chairman ad interim, Department of Radiation Physics
REFERENCE:
_________________________________________
Name of Department Providing Software
_________________________________________
Date Sent