GENERAL TERMS OF LICENSE FOR LIFEx SOFTWARE
Last update: June 15th, 2023
USE OF THE LIFEx SOFTWARE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD THE SOFTWARE.
USERS ARE NOTIFIED THAT THE SOFTWARE AND THE RISKS INHERENT TO ITS USE, MODIFICATION AND/OR DEVELOPMENT AND REPRODUCTION ARE NOT COVERED BY ANY WARRANTY FROM LICENSOR. IT IS HIGHLY RECOMMENDED THAT YOU ONLY LOAD AND/OR USE THE SOFTWARE IF YOU HAVE SPECIALIZED IN-DEPTH INFORMATION TECHNOLOGY KNOW-HOW.
By downloading the Software, the Licensee accepts the terms of this License. If Licensee does not accept the License terms, then Licensee shall not use the Software.
The Licensee acknowledges that the License shall prevail on any conflicting terms provided by Licensee (such as general terms of purchase), unless otherwise specifically agreed in writing by Licensor.
Licensor reserves the right to modify or replace the License by different terms. However, the contractual terms applicable to Licensee will be the License in force at the time of Licensee’s last download of the Software.
SECTION 1 – Definitions
In this Agreement the following capitalized words shall have the following meanings:
“Licensor” means altogether Institut Curie, a Foundation of public interest, having its registered office at 26, rue d’Ulm – 75005 Paris, France, acting in its own name and behalf as well as in the name and on behalf of Institut National de la Santé Et de la Recherche Médicale (INSERM), having its registered office at 101 rue de Tolbiac, 75013 Paris, France, and Centre National de la Recherche Scientifique (CNRS), having its registered office at 3 rue Michel-Ange, 75016 Paris, France.
“Licensee” means any physical person or legal entity using the Software pursuant to the License.
“License”: refers to these license terms granting Licensee with the right to use the Software for research use only pursuant to the conditions set out in Section 2.
“Software”: refers to both the binary code of the software program called LIFEx in its version in force on the when the Software is downloaded by Licensee, the operational features which are described in the Software notices (internal documentation), and the Software notices, the documentation and the associated examples of data sets. For the avoidance of a doubt, the Software does not include the libraries used by LIFEx. These libraries are developed by third parties and are subject to third-party license terms as indicated here : https://www.lifexsoft.org/index.php/product/overview/libraries-used.
LIFEx is a software program aiming at estimating a large number of parameters from medical images, including indices reflecting tissue and tumor heterogeneity (among which texture). Its main domains of application are the nuclear medicine, radiology and oncology fields.
“User(s)” means any employees, agents or other person acting on behalf of Licensee who download and use the Software.
SECTION 2 – Scope of license
2.1 Licensor hereby grants to the Licensee a free of charge, non-exclusive, non-transferable, worldwide, research License to use the Software (in object-code form only), on one (1) desktop per User or one (1) server if its access rights are limited to one research or educational team, for the legal term of copyright protection, pursuant to the terms and subject to the limitations provided herein.
2.2 The right hereby granted to the Licensee comprises the right to use the Software for Licensee’s own internal research purposes, in accordance with its intended use such as described in its associated documentation and with the terms set out below.
2.3 The Licensee agrees not to use all or part of the Software for commercial use.
“Commercial use” notably includes (i) any disclosure, supply, transfer, sale, rental, distribution of and/or making available the Software to a third party, (ii) any publication, disclosure, supply of information, data, studies and/or any other form of result obtained by using the Software (including during Licensee’s own internal research) to a third party, (iii) any use of the Software in research, consulting or collaboration agreements with a third party, and (iv) any provision of services to a third party requiring the use of the Software.
Should Licensee wish to use the Software for Commercial use, a specific license agreement will be entered into.
2.4 Any use of the Software that is not in compliance with its intended use is prohibited.
2.5 The Licensee may not reproduce the Software in whole or in part, regardless of the form or format:
• except as strictly required to load, display, run, transfer or store the Software for the sole purpose of its use,
• or to make one (1) backup copy, by taking all necessary precautions to avoid its disclosure.
2.6 The Licensee may not translate, adapt, decompile or disassemble the Software.
2.7 Any use not expressly authorized by the License or by law is prohibited.
SECTION 3 – Installation of the software
3.1 The Licensee shall load and install the Software at its own expense and risks. The Licensee shall be responsible for any environment and installation constraints required for proper operation of the Software, as described here: https://www.lifexsoft.org/index.php/downloads/download.
3.2 The Licensee shall only install the Software on one desktop or one server if its access rights are limited to one research or educational team. Any installation on an additional desktop, or any extension of server’s access rights, shall be the subject of a prior written request for authorization to the LICENSOR.
SECTION 4 – Feedback
In consideration for the rights granted hereunder, the Licensee agrees to use its best efforts to inform the LICENSOR, free of charge and within a reasonable period of time, of its experience in connection with its use of the Software, including, but not limited to, any errors or defects detected, inconsistencies between the program and the associated documentation, restrictions to the Software’s applications not mentioned in the associated documentation and any developments and improvements that could be made to the Software.
SECTION 5 – Disclaimer
The Licensee hereby recognizes that the Software is experimental software and that the current state of scientific and technical knowledge at the time of its release does not allow testing or verifying all possible uses or detecting the existence of any defects.
The Licensee hereby recognizes that the Software is provided “as is” by the LICENSOR, without any warranty whatsoever, express or implied, in particular without any warranty as to its merchantability, non-infringement secure or innovative nature and fitness for a particular use. It is the Licensee's responsibility to check the suitability of the Software for its needs, its proper functioning and to ensure that it will not cause damage to persons or property.
The LICENSOR does not warrant that the Software is error-free, or will operate without interruption, or that it will be compatible with the Licensee’s equipment and software configuration or that it will meet the needs of the Licensee.
SECTION 6 – Associated services
Technical support and maintenance services on the Software are not provided under this License. The Licensee may request services that will be accepted or rejected by the LICENSOR at its sole discretion.
The Agreement includes the right to download uploaded sources published by the LICENSOR on the website “www.lifexsoft.org”.
SECTION 7 – Liability
Licensee shall be liable, within the conditions set out in the French Civil Code, for any damage caused by it or its Users to Licensor. Licensee recognizes that it has made all arrangements to cover its liability pursuant to its use of the Software.
Under no circumstances will Licensor be liable for (i) damages due to Licensee's total or partial failure to perform its obligations, (ii) direct or indirect damages arising from the use or performance of the Software suffered by the Licensee or any third party, and (iii) more generally, any indirect damage whatsoever. In particular, Licensor and Licensee expressly agree that any financial loss or any action brought against the Licensee by a third party shall constitute indirect damage and shall not entitle the Licensee to compensation.
SECTION 8 – Intellectual property rights
8.1 The Software is and shall remain the exclusive property of the LICENSOR, which reserves all ownership rights on such basis. This License does not entail the transfer of any intellectual property right on the Software to the Licensee.
8.2 The Licensee expressly agrees:
• not to delete or otherwise modify in any manner the intellectual property notices or other ownership notices displayed on the Software; and
• to reproduce as is the said intellectual property notices or other ownership notices on the backup copy of the Software.
8.3 Similarly, no other right over a trademark, trade name or other distinctive sign is conferred to the Licensee by the License.
8.4 The Licensee warrants not to directly or indirectly infringe the LICENSOR’s intellectual property rights and to take the necessary measures with respect to its Users so as to ensure their compliance with the LICENSOR’s intellectual property rights.
SECTION 9 - Infringement
9.1 Any use of the Software outside the scope of the license grant by LICENSOR shall constitute infringement and warrant proceedings may be brought by the LICENSOR against the Licensee.
9.2 If proceedings based on a patent, software, or any other third-party intellectual property right are brought against the Licensee on the basis of the use of the Software, the cost of such proceedings, as well as any verdicts that may be entered against it shall be borne by the Licensee, and Licensee may not claim any indemnity whatsoever from the LICENSOR on such basis. At the Licensee’s request, however, the LICENSOR agrees to provide it with its technical and legal assistance, it being understood that any associated costs shall be borne by the Licensee.
9.3 The Licensee shall notify the LICENSOR of any act of infringement or unfair competition by a third party of which the Licensee has knowledge, and the LICENSOR shall bring proceedings if it deems fit.
SECTION 10 – Publications
Should Licensee be authorized by Licensor to make scientific publications pursuant to Section 4.3 (ii), publications should be submitted to LICENSOR for validation. If validated, in all of the Licensee’s publications concerning studies resulting from the Software , the Licensee is required to indicate that these studies were carried out through use of the Software and expressly mention (i) the LICENSOR’s name as the holder of the associated intellectual property rights on the Software ; (ii) the website “www.lifexsoft.org” ; (iii) the originator publication describing the software (C Nioche, F Orlhac, S Boughdad, S Reuzé, J Goya-Outi, C Robert, C Pellot-Barakat, M Soussan, F Frouin, and I Buvat. LIFEx: a freeware for radiomic feature calculation in multimodality imaging to accelerate advances in the characterization of tumor heterogeneity. Cancer Research 2018; 78(16):4786-4789 link).
The LICENSOR reserves the right to include the Licensee’s name among its references.
SECTION 11 - Termination
Should Licensee fail to comply with the provisions of the License, Licensor reserves the right to terminate Licensee’s right to use the Software by issuing a registered letter with acknowledgment of receipt with a thirty (30) day prior notice.
Licensee will no longer be authorized to access and to use the Software upon expiration or termination of the license for any reason whatsoever. Licensee must deinstall the Software at the latest thirty (30) days after termination or expiration of the License and may be required to justify of the deinstallation of the Software in writing.
SECTION 12 – Dispute resolution
12.1 This License is governed by French law.
12.2 The Parties agree to endeavor to seek an amicable solution to any disagreements or disputes that may arise out of or in connection with the License. Failing an amicable solution within two (2) months of the date on which they arise, disagreements or disputes shall be referred to the competent courts of Paris by the most diligent Party.
To discuss additional rights to use LIFEx to those described in SECTION 2, please contact:
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