Patented Algorithm and Click Through Software License
This Agreement, effective as of August 1, 2013 is
between the Massachusetts Institute of Technology ("MIT"), a
non-profit institution of higher education, and you ("YOU").
WHEREAS, M.I.T. has developed certain software and technology pertaining to M.I.T. Case No. 16369K, "Spec2Fab:A Reducer-Tuner Model for Translating Specifications to 3D Prints", by Desai Chen, Piotr Didyk, David I.W. Levin, Wojciech Matusik and Pitchaya Sitthi-Amorn ("PROGRAM"); and
WHEREAS, M.I.T. is the owner of certain right, title and interest to a patent application pertaining to the technology associated with M.I.T. Case No. 16369K, "Spec2Fab:A Reducer-Tuner Model for Translating Specifications to 3D Prints", by Desai Chen, Piotr Didyk, David I.W. Levin, Wojciech Matusik and Pitchaya Sitthi-Amorn ("FILED PATENT INVENTION"); and
WHEREAS, M.I.T. desires to aid the academic and non-commercial research community and raise awareness of the FILED PATENT INVENTION and thereby agrees to grant a limited copyright license to the PROGRAM for research and non-commercial purposes only, with M.I.T. retaining all ownership rights in the FILED PATENT INVENTION and in the PROGRAM; and
WHEREAS, M.I.T. agrees to make the downloadable software and documentation, if any, available to YOU without charge for non-commercial research purposes, subject to the following terms and conditions.
(a) Subject to the terms of this Agreement, M.I.T.
hereby grants YOU a royalty-free, non-transferable, non-exclusive worldwide license
under the copyright to use, reproduce, modify, publicly display and perform the
PROGRAM solely for non-commercial research and/or academic testing
(b) MIT hereby agrees that it will
not assert its rights in the FILED PATENT INVENTION against YOU provided that YOU
comply with the terms of this agreement.
(c) In order to obtain any further
license rights, including the right to use the PROGRAM or PATENTED INVENTION
for commercial purposes, YOU must enter into an appropriate license agreement
2. Disclaimer. THE PROGRAM MADE AVAILABLE
HEREUNDER IS "AS IS",
WITHOUT WARRANTY OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, NOR REPRESENTATION THAT THE PROGRAM DOES NOT INFRINGE THE INTELLECTUAL
PROPERTY RIGHTS OF ANY THIRD PARTY. MIT has no obligation to assist in your
installation or use of the PROGRAM or to provide services or maintenance of any
type with respect to the PROGRAM.
The entire risk as to the quality and performance of the PROGRAM is
borne by YOU. YOU acknowledge that
the PROGRAM may contain errors or bugs.
YOU must determine whether the PROGRAM sufficiently meets your
requirements. This disclaimer of
warranty constitutes an essential part of this Agreement.
Consequential Damages; Indemnification. IN NO EVENT SHALL MIT BE LIABLE TO YOU
FOR ANY LOST PROFITS OR OTHER INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
4. Copyright. YOU agree to retain M.I.T.'s copyright
notice on all copies of the PROGRAM or portions thereof.
5. Term. The Term of this Agreement
shall be ten years from the date YOU accept the terms of this license.
6. Export Control. YOU agree to comply with all United
States export control laws and regulations controlling the export of the
PROGRAM, including, without limitation, all Export Administration Regulations
of the United States Department of Commerce. Among other things, these laws and
regulations prohibit, or require a license for, the export of certain types of
software to specified countries.
7. Notices or Additional Licenses. Any notice, communication or commercial
license requests shall be directed to:
Institute of Technology
Licensing Office, Rm NE18-501
Cambridge Center, Kendall Square
Cambridge, MA 02142
8. General. This Agreement shall
be governed by the laws of the Commonwealth of Massachusetts. The parties acknowledge that this
Agreement sets forth the entire Agreement and understanding of the parties as
to the subject matter.
CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT, YOU ARE
CONSENTING TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF
THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON, AND THE
INSTALLATION/DOWNLOAD PROCESS WILL NOT CONTINUE.