Picky License Agreement - ISU Complex Computation Lab

Picky 64-bit Versions Nonprofit License Request


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END USER LICENSE AGREEMENT for PICKY Software 64-bit Versions

This is a legal agreement between you the end user, a non-profit institution, and Iowa State University, with an address of Complex Computation Lab, 503 Science II, Iowa State University, Ames, IA 50011-3223 (“ISU”) regarding 64-bit versions of the PICKY oligo microarray design software (“the Software”) developed by Dr. Hui-Hsien Chou, an ISU employee, and owned by Iowa State University Research Foundation, Inc. (“ISURF”). This license agreement does not cover 32-bit versions of the Software.

Upon acceptance of this license agreement by you, an authorized agent for your institution, ISU will send you instructions on how to download the Software. This license agreement cannot be granted to individuals whose affiliation with an institution cannot be established. If you are a student, postdoc, or other non-permanent employee, you must get an appropriately authorized official to execute this agreement for your institution.

The Software you seek to download from ISU’s website is licensed only on the condition that you agree with the terms and conditions set forth below. PLEASE READ CAREFULLY THE TERMS OF THIS END USER LICENSE AGREEMENT. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD FILL OUT THE BOXES AT THE BOTTOM OF THIS PAGE AND CLICK THE BUTTON LABELED "I ACCEPT", AT WHICH TIME YOUR LICENSE REQUEST WILL BE FORWARDED TO ISU, YOU WILL RECEIVE INSTRUCTIONS TO DOWNLOAD THE SOFTWARE AND WHEN FOLLOWING THE INSTRUCTIONS, THE SOFTWARE WILL BE DOWNLOADED TO YOUR COMPUTER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK ON THE BUTTON AT THE BOTTOM OF THIS PAGE LABELED "I DO NOT ACCEPT", AT WHICH POINT YOU WILL RETURN TO THE PRIOR WEB PAGE AND YOU WILL RECEIVE NO DOWNLOAD INSTRUCTIONS. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

LICENSE GRANT - In return for your acceptance of the Software, signified by retaining the Software for more than ten (10) days after ISU delivers instructions to download, ISURF grants to you, and you accept a revocable, limited, non-exclusive, royalty-free license for you, to use the Software solely for non-profit, educational and research purposes as authorized in this Agreement on computers located at the site identified in your identification information provided in acceptance of this Agreement, and owned, leased, or otherwise controlled by you. You are allowed to make backup copies of the Software in the event of inoperability of the computers. You may not sublicense, assign, pledge, lease, rent, share, or transfer your rights under this Agreement or possession of the Software. Any attempt otherwise shall be null and void. With respect to the Software you agree not to, in whole or in part, disclose, disseminate, distribute, reproduce, transmit, transcribe, alter to remove any ISU or ISURF identification, reverse engineer, decompile, disassemble, translate into any language or computer language in any form or by any means, or create derivative works.

ISURF'S RIGHTS - You agree that the Software and any accompanying documentation are proprietary to ISU and/or ISURF and are protected under U.S. Copyright Law and other laws. This Agreement does not convey to you any rights, title or interest in or to the Software or underlying intellectual property other than a revocable limited right to use the Software as specified in this Agreement in accordance with the terms herein. All rights, title and interest is expressly reserved by ISU and/or ISURF.

TERM - This Agreement is effective upon your downloading of this Software package and shall continue until terminated by: 1) you, at any time by completely deleting the Software and providing a certification from an authorized agent to ISU or ISURF of such deletion or 2) ISU or ISURF upon breach by you of any term hereof, in which case you agree to delete the Software and all copies and portions thereof and provide a certification of such deletion from an authorized agent to ISU or ISURF.

LIMITED WARRANTY – Neither ISU nor ISURF warrants that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. You accept full responsibility of determining the suitability of the Software for a particular application.

DISCLAIMER- THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, RELATING TO THE SOFTWARE AND RELATED DOCUMENTATION, AND ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. NEITHER ISU NOR ISURF NOR ANY OF THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, STUDENTS, INDEPENDENT CONTRACTORS, AGENTS OR AUTHORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGE OR DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE.

This Agreement shall be governed under the laws of the state of Iowa without regard to any choice-of-law provision and inure to the permitted successors and assigns of the parties.

Request Nonprofit use 64-bit Picky License

Please fill out the following request form in its entirety and submit it for approval. The approval is a manual process that can take up to two business days.