TMAJ License

OPEN CHANNEL SOFTWARE/THE JOHNS HOPKINS UNIVERSITY LICENSE
Version 1.0

Copyright Open Channel Software and The Johns Hopkins University, All Rights Reserved.

Everyone is permitted to copy and distribute this license document.

Introduction

This License establishes the terms and conditions under which the person or legal entity that downloads or otherwise gains access to the Software is permitted to exercise certain rights with respect to it. In this License, "Recipient" means such person or legal entity and includes any entity, which controls, is controlled by, or is under common control of Recipient. In this License, Open Channel Software is identified as "OCS" and The Johns Hopkins University is identified as the following: "JHU". In this License, "Original Software" is defined as "TMAJ: Software for Managing a Tissue MicroArray Database, Version 1.0, JHU Ref. 4424".

Granted Rights

• Recipient is granted and may exercise a royalty-free, non-exclusive, non-commercial research use license, subject to third party intellectual property claims, to reproduce, modify, display, and perform the Original Software provided to Recipient with or without Modifications, and/or as part of another work provided that Recipient agrees to and actually complies with all terms and conditions in this License on an ongoing basis. The exercise of any of the granted rights by Recipient signifies acceptance of this License.
  
  
• Specifically regarding the right to reproduce, Recipient may copy the Original Software only (as copied, the "Software") for non-commercial research use to the extent necessary to exercise the other specific non-exclusive rights identified above and further provided that:
  
  
  1. All notices and disclaimers remain with the Original Software and the copied Software, including the following statement: This product includes software developed by Johns Hopkins University School of Medicine Department of Pathology (http://tmaj.pathology.jhmi.edu); and
     
     
  2. Recipient does not identify the Original Software as Recipient's product or property.
     
     
• Specifically regarding the right to modify the Original Software, "Modifications" mean any addition or deletion by Recipient from the substance or structure of either the Original Software source code or any previous modifications of the Original Software source code. Recipient may make Modifications to the Original Software only for non-commercial, research use and provided Recipient agrees also:
  
  
  1. Not to modify the Original Software such that the Modifications constitute an infringement of another or others rights;
     
     
  2. Not to assert ownership to the Original Software as modified;
     
     
  3. To provide Modifications for non-commercial, research use to others at no cost;
     
     
  4. Recipient may request that OCS publish Recipient's Modifications on OCS's publishing site. If Recipient develops a web site for the Modifications, Recipient is encouraged to place a link on its web site to the Original Software site at OCS where the Original Software may be obtained;
     
     
  5. To maintain and not alter or remove this License and all embedded notices or disclaimers that accompany the Original Software during the preparation or as a result of the Modifications;
     
     
  6. To provide with all Modifications, this License, accompanying notices, and sufficient information such that OCS and other potential users know how and when Recipient changed the Original Software; and
     
     
  7. Recipient may exercise the rights with respect to the Original Software in original or modified form in legally permissible applications.
     
     
• Recipient may not grant rights to another or others with respect to the Original Software or Modifications. Any such attempt or use for public or commercial purposes will automatically terminate the rights granted under this License.

Term

This License and the rights granted hereunder will terminate automatically if Recipient fails to comply with all of the terms and conditions of this License or within thirty (30) days of the dispatch of a notice to Recipient from OCS.

DISCLAIMER OF WARRANTY

THE ORIGINAL SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE ORIGINAL SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL SOFTWARE IS WITH RECIPIENT. SHOULD ANY ORIGINAL SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, RECIPIENT ASSUMES THE RISK AND COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ORIGINAL SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL OCS, JHU OR RECIPIENT BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF OCS, JHU OR RECIPIENT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSION AND LIMITATION MAY NOT APPLY.

USER'S WARRANTY: COMPLIANCE WITH EXPORT CONTROLS

Recipient warrants that Recipient will do all things necessary to comply with the current United States Export Administration and any other laws and regulations of the United States as they may apply to the Original Software and all other things derived from the Original Software. Recipient further acknowledges that Recipient is subject to the laws and regulations of the United States controlling the export of certain technical data, computer software, laboratory prototypes, and other commodities ("Technical Data").

Recipient further agrees to comply with these laws and regulations as they apply at the time of exporting any Technical Data, as they may be revised and modified at various times. JHU and OCS neither represent that a license shall be required nor that, if required, it shall be issued. Recipient warrants and agrees that prior to any such transfer or exportation of Technical Data to Foreign Nationals, Recipient will obtain all necessary export licenses, authorizations, or permits as required by U.S. law or regulation.

Miscellaneous

• Recipient agrees to notify OCS promptly if Recipient has reason to believe that the Original Software or its use may constitute an infringement or is being infringed.
• This License is governed by the laws of the State of Illinois without regard to conflicts of laws. Disputes shall be resolved by courts sitting in that state, with venue lying in Chicago, Illinois. The parties hereby submit to the exclusive jurisdiction of such courts and such exclusive venue. The losing party shall be responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses.
• This represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. No one other than OCS has the right to modify this License.
• Any problems or questions associated with the Original Software should be directed the developer at JHU, in order that errors may be documented and steps can be taken to provide updated corrected versions or patches by JHU.
• TMAJ: Software for Managing a Tissue MicroArray Database, Version 1.0, Copyright 2005 by The Johns Hopkins University ALL RIGHTS RESERVED. United States Government Funding Acknowledged. Any commercial use of this version must be negotiated with OCS and the Office of Technology Transfer at The Johns Hopkins University.

RECIPIENT ACKNOWLEDGES that Recipient has read this License, understands it, and agrees to be legally bound by its terms and conditions.

Recipient further agrees that this document is the complete and exclusive statement of the License between Recipient and OCS, which supersedes any proposal or prior agreement, oral or written, and any other communication between Recipient and OCS relating to the subject matter of this License.

This License covers only the Original Software named above.

You must also submit an online request for TMAJ through the Open Channel Website.
Requests for software cannot be processed unless we have an online request.

TMAJ License