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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