Modular is a software package to allow users to generate various visualization, annotation, and user study interfaces. (the “Software”). The Software is designed to be modular (hence the code name Modular) in a manner that individual components can work independently and together as necessary.
The Software was developed by Chris Kim and Christopher Collins at the University of Ontario Institute of Technology (“UOIT“).
Using the Software indicates your agreement to be bound by the terms of this Software Use Agreement (“Agreement”). Absent your agreement to the terms below, you (the “End User”) have no rights to hold or use the Software whatsoever.
UOIT agrees to grant hereunder the limited non-exclusive license to End User for the use of the Software in the performance of End User’s internal, non-commercial research and academic use at End User’s academic or not-for-profit research institution (“Institution”) on the following terms and conditions:
1. NO REDISTRIBUTION. The Software remains the property of UOIT, and except as set forth in Section 4, End User shall not publish, distribute, or otherwise transfer or make available the Software to any other party.
2. NO COMMERCIAL USE. End User shall not use the Software for commercial purposes and any such use of the Software is expressly prohibited. This includes, but is not limited to, use of the Software in fee-for-service arrangements, core facilities or laboratories or to provide research services to (or in collaboration with) third parties for a fee, and in industry-sponsored collaborative research projects where any commercial rights are granted to the sponsor. If End User wishes to use the Software for commercial purposes or for any other restricted purpose, End User must execute a separate license agreement with UOIT.
Requests for use of the Software for commercial purposes, please contact:
Dr. Christopher Collins
UOIT, Faculty of Science
2000 Simcoe Street N
Oshawa, ON L1H 7K4
Canada
christopher.collins@uoit.ca
3. OWNERSHIP AND COPYRIGHT NOTICE. UOIT owns all intellectual property in the Software. End User shall gain no ownership to the Software. End User shall not remove or delete and shall retain in the Software, in any modifications to Software and in any Derivative Works, the copyright, trademark, or other notices pertaining to Software as provided with the Software.
4. DERIVATIVE WORKS. End User may create and use Derivative Works, as such term is defined under U.S. copyright laws, provided that any such Derivative Works shall be restricted to non-commercial, internal research and academic use at End User’s Institution. End User may distribute Derivative Works to other Institutions solely for the performance of non-commercial, internal research and academic use on terms substantially similar to this License and Terms of Use.
5. FEEDBACK. In order to improve the Software, comments from End Users may be useful. End User agrees to provide UOIT with feedback on the End User’s use of the Software (e.g., any bugs in the Software, the user experience, etc.). UOIT is permitted to use such information provided by End User in making changes and improvements to the Software without compensation or an accounting to End User.
6. NON ASSERT. End User acknowledges that UOIT may develop modifications to the Software that may be based on the feedback provided by End User under Section 5 above. UOIT shall not be restricted in any way by End User regarding their use of such information. End User acknowledges the right of UOIT to prepare, publish, display, reproduce, transmit and or use modifications to the Software that may be substantially similar or functionally equivalent to End User’s modifications and/or improvements if any. In the event that End User obtains patent protection for any modification or improvement to Software, End User agrees not to allege or enjoin infringement of End User’s patent against UOIT or any of the researchers, medical or research staff, officers, directors and employees of those institutions.
7. PUBLICATION & ATTRIBUTION. End User has the right to publish, present, or share results from the use of the Software. In accordance with customary academic practice, End User will acknowledge UOIT as the providers of the Software and may cite the relevant reference(s) from the following list of publications:
(Pending update)
8. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, UOIT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT. UOIT MAKES NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SOFTWARE. UOIT DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE WITHOUT ERROR OR INTERRUPTION.
9. LIMITATIONS OF LIABILITY AND REMEDIES. USE OF THE SOFTWARE IS AT END USER’S OWN RISK. IF END USER IS DISSATISFIED WITH THE SOFTWARE, ITS EXCLUSIVE REMEDY IS TO STOP USING IT. IN NO EVENT SHALL UOIT BE LIABLE TO END USER OR ITS INSTITUTION, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, EVEN IF UOIT IS NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER UOIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. INDEMNIFICATION. To the extent permitted by law, End User shall indemnify, defend and hold harmless UOIT, their corporate affiliates, current or future directors, trustees, officers, faculty, medical and professional staff, employees, students and agents and their respective successors, heirs and assigns (the "Indemnitees"), against any liability, damage, loss or expense (including reasonable attorney's fees and expenses of litigation) incurred by or imposed upon the Indemnitees or any one of them in connection with any claims, suits, actions, demands or judgments arising from End User’s breach of this Agreement or its Institution’s use of the Software except to the extent caused by the gross negligence or willful misconduct of UOIT. This indemnification provision shall survive expiration or termination of this Agreement.
11. GOVERNING LAW. This Agreement shall be construed and governed by the laws of the Commonwealth of Massachusetts regardless of otherwise applicable choice of law standards.
12. NON-USE OF NAME. Nothing in this License and Terms of Use shall be construed as granting End Users or their Institutions any rights or licenses to use any trademarks, service marks or logos associated with the Software. You may not use the terms “UOIT” or “University of Ontario Institute of Technology” (or a substantially similar term) in any way that is inconsistent with the permitted uses described herein. You agree not to use any name or emblem of UOIT or any of their subdivisions for any purpose, or to falsely suggest any relationship between End User (or its Institution) and UOIT or in any manner that would infringe or violate any of their rights.
13. End User represents and warrants that it has the legal authority to enter into this License and Terms of Use on behalf of itself and its Institution.