**Model caBIG™ Software License Agreement**

**v.1**

**Release Date 4/20/06**

**Copyright Notice.** Copyright 2005 \_\_\_\_\_\_\_\_\_\_\_\_\_\_
*\[Insert name of organization funded to participate in caBIG™ \]*
("caBIG™ Participant"). \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ *\[insert
name of caBIG™ software program\]* was created with NCI funding and is
part of the caBIG™ initiative. The software subject to this notice and
license includes both human readable source code form and machine
readable, binary, object code form (the "caBIG™ Software").

This caBIG™ Software License (the "License") is between caBIG™
Participant and You. "You (or "Your") shall mean a person or an entity,
and all other entities that control, are controlled by, or are under
common control with the entity. "Control" for purposes of this
definition means (i) the direct or indirect power to cause the direction
or management of such entity, whether by contract or otherwise, or (ii)
ownership of fifty percent (50%) or more of the outstanding shares, or
(iii) beneficial ownership of such entity.

**License**. Provided that You agree to the conditions described below,
caBIG™ Participant grants You a non-exclusive, worldwide, perpetual,
fully-paid-up, no-charge, irrevocable, transferable and royalty-free
right and license in its rights in the caBIG™ Software, including any
copyright or patent rights therein that may be infringed by the making,
using, selling, offering for sale, or importing of caBIG™ Software, to
(i) use, install, access, operate, execute, reproduce, copy, modify,
translate, market, publicly display, publicly perform, and prepare
derivative works of the caBIG™ Software; (ii) make, have made, use,
practice, sell, and offer for sale, and/or otherwise dispose of caBIG™
Software (or portions thereof); (iii) distribute and have distributed to
and by third parties the caBIG™ Software and any modifications and
derivative works thereof; and (iv) sublicense the foregoing rights set
out in (i), (ii) and (iii) to third parties, including the right to
license such rights to further third parties. For sake of clarity, and
not by way of limitation, caBIG™ Participant shall have no right of
accounting or right of payment from You or Your sublicensees for the
rights granted under this License. This License is granted at no charge
to You. Your downloading, copying, modifying, displaying, distributing
or use of caBIG™ 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 download, copy, modify, display,
distribute or use the caBIG™ Software.

1.  Your redistributions of the source code for the caBIG™ Software must
    retain the above copyright notice, this list of conditions and the
    disclaimer and limitation of liability of Article 6 below. Your
    redistributions in object code form must reproduce the above
    copyright notice, this list of conditions and the disclaimer of
    Article 6 in the documentation and/or other materials provided with
    the distribution, if any.

2.  Your end-user documentation included with the redistribution, if
    any, must include the following acknowledgment: "This product
    includes software developed by \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
    *\[insert name of organization funded to participate in caBIG™\]*."
    If You do not include such end-user documentation, You shall include
    this acknowledgment in the caBIG™ Software itself, wherever such
    third-party acknowledgments normally appear.

3.  You may not use the names "\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ *\[insert
    name of organization funded to participate in caBIG™\]*", "The
    National Cancer Institute", "NCI", "Cancer Bioinformatics Grid" or
    "caBIG™" to endorse or promote products derived from this caBIG™
    Software. This License does not authorize You to use any trademarks,
    service marks, trade names, logos or product names of either caBIG™
    Participant, NCI or caBIG™, except as required to comply with the
    terms of this License.

4.  For sake of clarity, and not by way of limitation, You may
    incorporate this caBIG™ Software into Your proprietary programs and
    into any third party proprietary programs. However, if You
    incorporate the caBIG™ Software into third party proprietary
    programs, You agree that You are solely responsible for obtaining
    any permission from such third parties required to incorporate the
    caBIG™ Software into such third party proprietary programs and for
    informing Your sublicensees, including without limitation Your
    end-users, of their obligation to secure any required permissions
    from such third parties before incorporating the caBIG™ Software
    into such third party proprietary software programs. In the event
    that You fail to obtain such permissions, You agree to indemnify
    caBIG™ Participant for any claims against caBIG™ Participant by such
    third parties, except to the extent prohibited by law, resulting
    from Your failure to obtain such permissions.

5.  For sake of clarity, and not by way of limitation, You may add Your
    own copyright statement to Your modifications and to the derivative
    works, and You may provide additional or different license terms and
    conditions in Your sublicenses of modifications of the caBIG™
    Software, or any derivative works of the caBIG™ Software as a whole,
    provided Your use, reproduction, and distribution of the Work
    otherwise complies with the conditions stated in this License.

6.  THIS caBIG™ SOFTWARE IS PROVIDED \"AS IS\" AND ANY EXPRESSED OR
    IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
    WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
    PARTICULAR PURPOSE) ARE DISCLAIMED. IN NO EVENT SHALL THE
    \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ *\[insert name of name of
    organization funded to participate in caBIG™\]* OR ITS AFFILIATES BE
    LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
    CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
    SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
    BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
    LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
    NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
    caBIG™ SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.