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            "text": "ABySS\r\nCopyright 2010 Genome Sciences Centre\r\nAll rights reserved.\r\n\r\nAbyss SOFTWARE LICENSE AGREEMENT (ACADEMIC USE)\r\nCAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. This License\r\nAgreement (the \"Agreement\") is a legal contract between you, your\r\nemployer, educational institution or organization (collectively, \"You\")\r\nand the British Columbia Cancer Agency (\"BCCA\") with respect to the\r\nlicense of ABySS, including all associated\r\ndocumentation (collectively, the \"Product\"). \r\n\r\nBCCA is willing to license the Product to You only if You accept the\r\nterms and conditions of this Agreement. By clicking on the \"I ACCEPT\"\r\nbutton, or by copying, downloading, accessing or otherwise using the\r\nProduct, You automatically agree to be bound by the terms of this\r\nAgreement. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS\r\nAGREEMENT, DO NOT COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THE\r\nPRODUCT. \r\n\r\n1. AUTHORITY: In the event that You are an educational institution or\r\n   organization, Your representative who is clicking the \"I ACCEPT\"\r\n   button, or otherwise copying, downloading, accessing or using the\r\n   Product hereby, in their personal capacity, represents and warrants\r\n   that they possess the legal authority to enter into this Agreement\r\n   on Your behalf and to bind You to the terms of this Agreement. \r\n\r\n2. LICENSE TO USE: BCCA hereby grants to You a personal,\r\n   non-exclusive, non-transferable, limited license to use the Product\r\n   solely for internal, non-commercial use for non-profit research or\r\n   educational purposes only on the terms and conditions contained in\r\n   this Agreement. The Product may be installed on a maximum of one\r\n   machine per Qualified User at Your premises only. A copy of the\r\n   Product installed on a single common machine may be shared for\r\n   internal use by Qualified Users only. In order to be a \"Qualified\r\n   User\", an individual must be a student, researcher, professor,\r\n   instructor or staff member of a non-profit educational institution\r\n   or organization who uses the Product solely for non-profit research\r\n   or educational purposes. \r\n\r\n3. RESTRICTIONS: You acknowledge and agree that You shall not, and\r\nshall not authorize any third party to: \r\n(a) make copies of the Product, except as provided in Section 2 and\r\nexcept for a single backup copy, and any such copy together with the\r\noriginal must be kept in Your possession or control; \r\n(b) modify, adapt, decompile, disassemble, translate into another\r\ncomputer language, create derivative works of, or otherwise reverse\r\nengineer the Product, or disclose any trade secrets relating to the\r\nProduct, except as permitted in Section 5; \r\n(c) license, sublicense, distribute, sell, lease, transfer, assign,\r\ntrade, rent or publish the Product or any part thereof and/or copies\r\nthereof, to any third party; \r\n(d) use the Product to process any data other than Your own; \r\n(e) use the Product or any part thereof for any commercial or\r\nfor-profit purpose or any other purpose other than as permitted in\r\nSection 2; or \r\n(f) use, without its express permission, the name of BCCA. \r\n\r\n4. INTELLECTUAL PROPERTY RIGHTS: Subject to Section 5 below, all\r\n   patents, copyrights, trade secrets, service marks, trademarks and\r\n   other proprietary rights in or related to the Product and any\r\n   improvements, modifications and enhancements thereof are and will\r\n   remain the exclusive property of BCCA or its licensors. You agree\r\n   that You will not, either during or after the termination of this\r\n   Agreement, contest or challenge the title to or the intellectual\r\n   property rights of BCCA or its licensors in the Product or any\r\n   portion thereof. \r\n\r\n5. OWNERSHIP OF IMPROVEMENTS: In the event that the Product, in the\r\n   form provided to You, includes source code (the \"Source Code\"),\r\n   You are entitled to make improvements, modifications and\r\n   enhancements to the Source Code (collectively, \"Improvements\")\r\n   which Improvements are to be used by You for non-profit research\r\n   and educational purposes only and You shall be the owner of those\r\n   Improvements that You directly make and of all intellectual\r\n   property rights to such Improvements, subject to the foregoing\r\n   limits on Your use and distribution of such Improvements. You\r\n   hereby grant to BCCA a perpetual, non-exclusive, worldwide,\r\n   fully-paid, irrevocable license to use such Improvements for any\r\n   purposes whatsoever, and to sublicense such Improvements including\r\n   the right for third parties to sublicense the same, in perpetuity\r\n   to the extent such rights are not limited in duration under\r\n   applicable law, without identifying or seeking Your\r\n   consent. Notwithstanding the foregoing, You acknowledge that BCCA\r\n   and its licensors will retain or own all rights in and to any\r\n   pre-existing code or other technology, content and data that may be\r\n   incorporated in the Improvements. For greater certainty, this\r\n   Section applies solely to the Source Code and shall not give You\r\n   any rights with respect to the object code or any other portion or\r\n   format of the Product which use, for greater certainty, is limited\r\n   as set forth in this Agreement including as set out in Section 3(b)\r\n   above. You acknowledge and agree that you will provide copies of\r\n   Improvements to BCCA in such format as reasonably requested by BCCA\r\n   at any time upon the request of BCCA. \r\n\r\n6. CONFIDENTIALITY: You acknowledge that the Product is and\r\n   incorporates confidential and proprietary information developed,\r\n   acquired by or licensed to BCCA. You will take all reasonable\r\n   precautions necessary to safeguard the confidentiality of the\r\n   Product, and will not disclose any information about the Product to\r\n   any other person without BCCA\u00c2\u00a1\u00c3\u2021s prior written consent. You will\r\n   not allow the removal or defacement of any confidential or\r\n   proprietary notice placed on the Product. You acknowledge that any\r\n   breach of this Section 6 will cause irreparable harm to BCCA and\r\n   its licensors. \r\n\r\n7. NO WARRANTIES: THIS PRODUCT IS PROVIDED TO YOU BY BCCA IN ORDER TO\r\nALLOW YOU TO OBTAIN ACCESS TO LEADING ACADEMIC RESEARCH. THE PRODUCT\r\nIS PROVIDED TO YOU ON AN \"AS IS\" BASIS WITHOUT WARRANTY OF ANY\r\nKIND. NO WARRANTY, REPRESENTATION OR CONDITION EITHER EXPRESS OR\r\nIMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR\r\nCONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE,\r\nDURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE SHALL\r\nAPPLY. BCCA DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ON A\r\nCONTINUOUS OR TROUBLE FREE BASIS. \r\n\r\n8. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY\r\nAPPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BCCA TO\r\nYOU EXCEED THE AMOUNT YOU HAVE PAID TO ACQUIRE THE PRODUCT (\"MAXIMUM\r\nAMOUNT\") AND WHERE YOU HAVE NOT PAID ANY AMOUNT FOR THE PRODUCT THEN\r\nTHE MAXIMUM AMOUNT SHALL BE DEEMED TO BE CDN$100.00. IN NO EVENT SHALL\r\nBCCA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL\r\nDAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS OR\r\nSAVINGS, REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE\r\nPOSSIBILITY OF SUCH DAMAGE. EXCEPT TO THE EXTENT THAT THE LAWS OF A\r\nCOMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE\r\nLIMITATIONS, EXCLUSIONS AND DISCLAIMERS, THESE LIMITATIONS, EXCLUSIONS\r\nAND DISCLAIMERS SHALL APPLY WHETHER AN ACTION, CLAIM OR DEMAND ARISES\r\nFROM A BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT,\r\nNEGLIGENCE, STRICT LIABILITY OR ANY OTHER KIND OF CIVIL OR STATUTORY\r\nLIABILITY CONNECTED WITH OR ARISING FROM THIS AGREEMENT. YOU AGREE\r\nTHAT THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF\r\nLIABILITY ARE FAIR IN LIGHT OF THE NATURE OF THE RIGHTS GRANTED HEREIN\r\nAND THE AMOUNT OF FEES PAID BY YOU IN RESPECT OF THE PRODUCT. \r\n\r\n9. INDEMNITY: You will indemnify, defend and hold harmless BCCA, its\r\n   board of directors, staff and agents from and against any and all\r\n   liability, loss, damage, action, claim or expense (including\r\n   attorney\u00c2\u00a1\u00c3\u2021s fees and costs at trial and appellate levels) in\r\n   connection with any claim, suit, action, demand or judgement\r\n   (collectively, \"Claim\") arising out of, connected with, resulting\r\n   from, or sustained as a result of Your use of the Product or the\r\n   downloading of the Product, including without limitation, any Claim\r\n   relating to infringement of BCCA\u00c2\u00a1\u00c3\u2021s intellectual property rights or\r\n   the intellectual property rights of any third party. \r\n\r\n10. SUPPORT AND MAINTENANCE: You acknowledge and agree that, unless\r\n    and to the extent expressly agreed by BCCA in a separate written\r\n    document, the Product is provided to You without any support or\r\n    maintenance from BCCA and, for greater certainty, BCCA shall have\r\n    no obligation to issue any update or upgrade to any Product. \r\n\r\n11. TERM: This Agreement is effective until terminated. You may\r\n    terminate this Agreement at any time by ceasing use of the Product\r\n    and destroying or deleting any copies of the Product. This\r\n    Agreement will terminate immediately without notice from BCCA if\r\n    You fail to comply with any provision of this Agreement. BCCA may\r\n    terminate this Agreement at any time upon notice to you where BCCA\r\n    determines, in its sole discretion, that any continued use of the\r\n    Product could infringe the rights of any third parties. Upon\r\n    termination of this Agreement, and in any event upon BCCA\r\n    delivering You notice of termination, You shall immediately purge\r\n    all Products from Your computer system(s), return to BCCA all\r\n    copies of the Product that are in Your possession or control, and\r\n    cease any further development of any Improvements. On any\r\n    termination of this Agreement Sections 1, 4, 6, 7, 8, 9, 13 and 14\r\n    shall survive such termination. \r\n\r\n12. GOVERNMENT END USERS: Where any of the Product is used, duplicated\r\n    or disclosed by or to the United States government or a government\r\n    contractor or sub contractor, it is provided with RESTRICTED\r\n    RIGHTS as defined in Title 48 CFR 52.227-19 and is subject to the\r\n    following: Title 48 CFR 2.101, 52.227-19, 227.7201 through\r\n    227.7202-4, FAR 52.227-14, and FAR 52.227-19(c)(1-2) and (6/87),\r\n    and where applicable, the customary software license, as described\r\n    in Title 48 CFR 227-7202 with respect to commercial software and\r\n    commercial software documentation including DFAR 252.227-7013,\r\n    DFAR 252,227-7014, DFAR 252.227-7015 and DFAR 252.7018, all as\r\n    applicable. \r\n\r\n13. USE OF THE DOWNLOAD SERVICE: You acknowledge and agree that you\r\n    will be responsible for all costs, charges and taxes (where\r\n    applicable) arising out of Your use of the Product and the\r\n    downloading of the Product. You acknowledge that You are\r\n    responsible for supplying any hardware or software necessary to\r\n    use the Product pursuant to this Agreement. \r\n\r\n14. GENERAL PROVISIONS:\r\n(a) This Agreement will be governed by the laws of the Province of\r\nBritish Columbia, and the laws of Canada applicable therein, excluding\r\nany rules of private international law that lead to the application of\r\nthe laws of any other jurisdiction. The United Nations Convention on\r\nContracts for the International Sale of Goods (1980) does not apply to\r\nthis Agreement. The courts of the Province of British Columbia shall\r\nhave non-exclusive jurisdiction to hear any matter arising in\r\nconnection with this Agreement. \r\n(b) USE OF THE PRODUCT IS PROHIBITED IN ANY JURISDICTION WHICH DOES\r\nNOT GIVE EFFECT TO THE TERMS OF THIS AGREEMENT. \r\n(c) You agree that no joint venture, partnership, employment,\r\nconsulting or agency relationship exists between You and BCCA as a\r\nresult of this Agreement or Your use of the Product. \r\n(d) You hereby consent to Your contact information and any other\r\npersonally identifiable information that You provide to us being\r\ndisclosed to and maintained and used by us and our business partners\r\nfor the purposes of (i) managing and developing our respective\r\nbusinesses and operations; (ii) marketing products and services to You\r\nand your staff; and (iii) developing new and enhancing existing\r\nproducts. You further agree that we may provide this information to\r\nother persons as required to satisfy any legal requirements and to any\r\nperson that acquires some or all of the assets of BCCA. Where any of\r\nthe personally identifiable information that You provide to us is in\r\nrespect of individuals other than Yourself (such as Your staff) then\r\nYou represent and warrant to use that You have obtained all necessary\r\nconsents and authorizations from such individuals in order to comply\r\nwith this provision. Please see the BCCA website for further\r\ninformation regarding personally identifiable information. \r\n(e) This Agreement is the entire Agreement between You and BCCA\r\nrelating to this subject matter. You will not contest the validity of\r\nthis Agreement merely because it is in electronic form. No\r\nmodification of this Agreement will be binding, unless in writing and\r\naccepted by an authorized representative of each party.  \r\n(f) The provisions of this Agreement are severable in that if any\r\nprovision in the Agreement is determined to be invalid or\r\nunenforceable under any controlling body of law, that will not affect\r\nthe validity or enforceability of the remaining provisions of the\r\nAgreement. \r\n(g) You agree to print out or download a copy of this Agreement and\r\nretain it for Your records. \r\n(h) You consent to the use of the English language in this Agreement. \r\n(i) You may not assign this Agreement or any of Your rights or\r\nobligations hereunder without BCCA's prior written consent. BCCA, at\r\nits sole discretion may assign this Agreement without notice to You. \r\n",
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            "date": "2010-08-17",
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