License

License

Copyright (c) 2014, Varian Medical Systems, Inc. (VMS) All rights reserved.

1. The Program: The program to which this License pertains, in source code or binary form, with or without modification, is referred to herein as the “Program”. 2. Grant of License: The owner of the Program (the “Licensor”) hereby grants you a worldwide, royalty-free, non-exclusive, sublicensable license to redistribute or use the Program, either alone or as part of a collective work. Redistribution and use of the Program may be in source or binary forms, with or without modification. This license grant is subject to the following contract terms:

  1. Redistributions of source code must retain the above copyright notice, this list of contract terms and the following disclaimer(s).
  2. Redistributions in binary form must reproduce the above copyright notice, this list of contract terms and the following disclaimer(s) in the documentation and/or other materials provided with the distribution.
  3. All advertising materials mentioning features or use of this software must display the following acknowledgement:

“This product includes software developed by Varian Medical Systems, Inc.”

  1. Neither the name of the Licensor, nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
  2. The Program, information contained therein and any data or results derived therefrom, are not intended for clinical use, and neither the Program nor its use for clinical use or any purpose have been validated by any person. Accordingly, the Program and any data or information derived from the same shall not be used clinically. As used in this agreement, “clinically” means activity involving (i) the direct observation of patients; (ii) the diagnosis of disease or other conditions in humans; or (iii) the cure, mitigation, therapy, treatment, treatment planning or prevention of disease in humans.
  3. Any person using the Program agrees to defend, indemnify and hold harmless Licensor and its affiliated companies from and against all liability, loss, damage, or expense including attorney’s and expert’s fees incurred in connection with any claim, suit, action, demand or judgment including injury to or death to any person, and loss of or damage to property, resulting from any act or omission of the user including any clinical use, research, decisions, interpretations, or recommendations made or other activities based on the Program information contained therein, or any data or results derived therefrom.

3. Disclaimer of Warranty: THE PROGRAM IS PROVIDED ‘’AS IS’’ AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

4. Limitation of Liability: Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to anyone for any indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Program including, without limitation, damages for loss of goodwill, loss of use, loss of data, loss of profits, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.

5. Acceptance of Contract Terms: By exercising any of the rights granted to you herein, You indicate Your clear and irrevocable acceptance of this License and all of its terms.

6. Termination for Patent Action: This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Program infringes a patent.

7. Definition of “You” in This License: “You” throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, “You” includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

8. Miscellaneous: This License represents the complete agreement concerning the subject matter hereof. If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted and/or reformed as necessary, and the validity and enforceability of the other provisions of this agreement shall not be affected.