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COPYRIGHT
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COPYRIGHT
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Copyright and License Agreement
WE (IXICO LIMITED) ARE WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY ON THE
CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THE FOLLOWING AGREEMENT.
PLEASE READ THE AGREEMENT CAREFULLY BEFORE DOWNLOADING THE SOFTWARE. BY
EXERCISING THE OPTION TO DOWNLOAD THE SOFTWARE YOU AGREE TO BE BOUND BY THE
TERMS OF THE AGREEMENT.
SOFTWARE LICENCE AGREEMENT
1. Ownership and Licence. Your non-exclusive rights to use and co
(as described in Schedule 1 to this licence agreement) downloaded to your
computer and all other copies that you are authorised by this Agreement to make
(the "Software") are specified in this Agreement, and we (or our licensors) retain
all rights including but not limited to all copyright and other intellectual property
rights, anywhere in the world, in the Software not expressly granted to you in this
Agreement.
2. Permitted Uses. You are granted, free of charge, the following non-exclusive,
non-transferable rights in respect of the Software:
(a) You may download and install the Software onto one computer or server for use in
accordance with Clause 2 (b) of this Agreement provided that you ensure that the
Software is not accessible by other users unless they have themselves accepted the
terms of this licence agreement.
(b) You may use the Software solely for non-commercial, academic research purposes
and only in accordance with the terms of this Agreement. You may not use the
Software for, or in relation to, patient management or in, or in relation to, clinical
trials.
(c) Right to Copy. You may copy the Software for back-up and archival purposes,
provided that each copy is kept in your possession and provided you reproduce our
copyright notice on each copy.
(d) Transfer and sub-licensing. You may not rent, lend, or lease the Software and
you may not transfer or sub-license this licence to use the Software or any of your
rights or obligations under this Agreement to another party.
(e) Identity of Licensee. The licence granted herein is personal to you. You shall not
permit any third party to access, modify or otherwise use the Software nor shall you
access modify or otherwise use the Software on behalf of any third party. If you
wish to obtain a licence for mutiple users or a site licence for the Software please
contact us at [email protected].
(f) Publications and presentations. In all publications and presentations of research
carried out using the Software, you must acknowledge use of the Software using
the form of words and citations given in Schedule 2.
3. Prohibited Uses. You may not, without written permission from us.
(a) Use, copy, modify, merge, or transfer copies of the Software or any documentation
provided by us which relates to the Software except as provided in this Agreement;
(b) Use any back-up or archival copies of the Software (or allow anyone else to use
such copies) for any purpose other than to replace the original copy in the event it is
destroyed or becomes defective; or
(c) Disassemble, decompile or "unlock", reverse translate, or in any manner decode the
Software for any reason. If you acquired the Software within the EU, information
necessary to achieve interoperability of the Software with other independently
created programs, within the meaning of Article 6 of the Directive on the Legal
Protection of Computer Programs (91/250/EEC), is available from us on request.
4. Warranty Disclaimer
(a) Disclaimer. The Software has been developed for research purposes only and is
not a clinical tool. You acknowledge that we are providing the Software to you
under this licence agreement free of charge and on condition that the disclaimer set
out below shall apply. We do not warrant that the Software will meet your
requirements or that its operation will be uninterrupted or error-free. You
acknowledge that you have reviewed and evaluated the Software to determine that
it meets your needs and that you assume all responsibility and liability for
determining the suitability of the Software as fit for your particular purposes and
requirements. Subject to Clause 4(b), we exclude and expressly disclaim all
express and implied representations, warranties, conditions and terms not stated
herein (including the implied conditions or warranties of satisfactory quality,
merchantable quality, merchantability and fitness for purpose).
(b) Savings. Some jurisdictions may imply warranties, conditions or terms or impose
obligations upon us which cannot, in whole or in part, be excluded, restricted or
modified or otherwise do not allow the exclusion of implied warranties, conditions
or terms, in which case the above warranty disclaimer and exclusion will only
apply to you to the extent permitted in the relevant jurisdiction and does not in any
event exclude any implied warranties, conditions or terms which may not under
applicable law be excluded.
5. Limitation of Liability
(a) You acknowledge that we are providing the Software to you under this licence
agreement free of charge and on condition that the limitation of liability set out
below shall apply. Accordingly, subject to Clause 5(b), we exclude all liability
whether in contract, tort, negligence or otherwise, in respect of the Software and/or
any related documentation provided to you by us including, but not limited to,
liability for loss or corruption of data, loss of contracts, loss of income, loss of
profits, loss of cover and any consequential or indirect loss or damage of any kind
arising out of or in connection with this licence agreement, however caused. This
exclusion shall apply even if we have been advised of the possibility of such loss or
damage.
(b) Nothing in this Agreement shall have the effect of excluding or limiting our
liability for death or personal injury caused by our own negligence. This licence
does not permit you to use the Software for, or in relation to, patient management
or in, or in relation to, clinical trials.
(c) Some jurisdictions do not allow these limitations or exclusions either wholly or in
part, and, to that extent, they may not apply to you. Nothing in this licence
agreement will affect your statutory rights or other relevant statutory provisions
which cannot be excluded, restricted or modified, and its terms and conditions must
be read and construed subject to any such statutory rights and/or provisions.
6. Confidentiality. You agree not to disclose any confidential information provided
to you by us pursuant to this Agreement to any third party without our prior written
consent. The obligations in this Clause 6 shall survive the termination of this
Agreement for any reason.
7. Termination.
(a) We may terminate this licence agreement and your right to use the Software at any
time with immediate effect upon written notice to you.
(b) This licence agreement and your right to use the Software automatically terminate
if you:
(i) fail to comply with any provisions of this Agreement; or
(ii) destroy the copies of the Software in your possession, or voluntarily return
the Software to us.
(c) Upon termination you will destroy all copies of the Software.
(d) Otherwise, the restrictions on your rights to use the Software will expire upon
expiration of the copyright to the Software.
8. Miscellaneous Provisions.
(a) This Agreement will be governed by and construed in accordance with the
substantive laws of England whose courts shall have exclusive jurisdiction over all
disputes which may arise between us.
(b) This is the entire agreement between us relating to the Software, and supersedes
any prior purchase order, communications, advertising or representations
concerning the Software.
(c) No change or modification of this Agreement will be valid unless it is in writing,
and is signed by us.
(d) The unenforceability or invalidity of any part of this Agreement will not affect the
enforceability or validity of the remaining parts.
Acknowledgments
If you use the software you should add the following acknowledgement: The Image
Registration Toolkit was used under Licence from Ixico Ltd. Additionally, if you use the
non-rigid registration software provided you should reference the following papers in any
publication:
D. Rueckert, L. I. Sonoda, C. Hayes, D. L. G. Hill, M. O. Leach, and D. J. Hawkes. Non-
rigid registration using free-form deformations: Application to breast MR images. IEEE
Transactions on Medical Imaging, 18(8):712-721, 1999.
J. A. Schnabel, D. Rueckert, M. Quist, J. M. Blackall, A. D. Castellano Smith, T. Hartkens,
G. P. Penney, W. A. Hall, H. Liu, C. L. Truwit, F. A. Gerritsen, D. L. G. Hill, and D. J.
Hawkes. A generic framework for non-rigid registration based on non-uniform multi-level
free-form deformations. In Fourth Int. Conf. on Medical Image Computing and Computer-
Assisted Intervention (MICCAI '01), pages 573-581, Utrecht, NL, October 2001.
If you use the rigid or affine registration components provided by the software you should
reference the following paper in any publication:
C. Studholme, D.L.G.Hill, D.J. Hawkes, An Overlap Invariant Entropy Measure of 3D
Medical Image Alignment, Pattern Recognition, Vol. 32(1), Jan 1999, pp 71-86.