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+ABySS
+Copyright 2009 Genome Sciences Centre
+All rights reserved.
+
+Abyss SOFTWARE LICENSE AGREEMENT (ACADEMIC USE)
+CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. This License
+Agreement (the "Agreement") is a legal contract between you, your
+employer, educational institution or organization (collectively, "You")
+and the British Columbia Cancer Agency ("BCCA") with respect to the
+license of ABySS, including all associated
+documentation (collectively, the "Product").
+
+BCCA is willing to license the Product to You only if You accept the
+terms and conditions of this Agreement. By clicking on the "I ACCEPT"
+button, or by copying, downloading, accessing or otherwise using the
+Product, You automatically agree to be bound by the terms of this
+Agreement. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS
+AGREEMENT, DO NOT COPY, DOWNLOAD, ACCESS OR OTHERWISE USE THE
+PRODUCT.
+
+1. AUTHORITY: In the event that You are an educational institution or
+ organization, Your representative who is clicking the "I ACCEPT"
+ button, or otherwise copying, downloading, accessing or using the
+ Product hereby, in their personal capacity, represents and warrants
+ that they possess the legal authority to enter into this Agreement
+ on Your behalf and to bind You to the terms of this Agreement.
+
+2. LICENSE TO USE: BCCA hereby grants to You a personal,
+ non-exclusive, non-transferable, limited license to use the Product
+ solely for internal, non-commercial use for non-profit research or
+ educational purposes only on the terms and conditions contained in
+ this Agreement. The Product may be installed on a maximum of one
+ machine per Qualified User at Your premises only. A copy of the
+ Product installed on a single common machine may be shared for
+ internal use by Qualified Users only. In order to be a "Qualified
+ User", an individual must be a student, researcher, professor,
+ instructor or staff member of a non-profit educational institution
+ or organization who uses the Product solely for non-profit research
+ or educational purposes.
+
+3. RESTRICTIONS: You acknowledge and agree that You shall not, and
+shall not authorize any third party to:
+(a) make copies of the Product, except as provided in Section 2 and
+except for a single backup copy, and any such copy together with the
+original must be kept in Your possession or control;
+(b) modify, adapt, decompile, disassemble, translate into another
+computer language, create derivative works of, or otherwise reverse
+engineer the Product, or disclose any trade secrets relating to the
+Product, except as permitted in Section 5;
+(c) license, sublicense, distribute, sell, lease, transfer, assign,
+trade, rent or publish the Product or any part thereof and/or copies
+thereof, to any third party;
+(d) use the Product to process any data other than Your own;
+(e) use the Product or any part thereof for any commercial or
+for-profit purpose or any other purpose other than as permitted in
+Section 2; or
+(f) use, without its express permission, the name of BCCA.
+
+4. INTELLECTUAL PROPERTY RIGHTS: Subject to Section 5 below, all
+ patents, copyrights, trade secrets, service marks, trademarks and
+ other proprietary rights in or related to the Product and any
+ improvements, modifications and enhancements thereof are and will
+ remain the exclusive property of BCCA or its licensors. You agree
+ that You will not, either during or after the termination of this
+ Agreement, contest or challenge the title to or the intellectual
+ property rights of BCCA or its licensors in the Product or any
+ portion thereof.
+
+5. OWNERSHIP OF IMPROVEMENTS: In the event that the Product, in the
+ form provided to You, includes source code (the "Source Code"),
+ You are entitled to make improvements, modifications and
+ enhancements to the Source Code (collectively, "Improvements")
+ which Improvements are to be used by You for non-profit research
+ and educational purposes only and You shall be the owner of those
+ Improvements that You directly make and of all intellectual
+ property rights to such Improvements, subject to the foregoing
+ limits on Your use and distribution of such Improvements. You
+ hereby grant to BCCA a perpetual, non-exclusive, worldwide,
+ fully-paid, irrevocable license to use such Improvements for any
+ purposes whatsoever, and to sublicense such Improvements including
+ the right for third parties to sublicense the same, in perpetuity
+ to the extent such rights are not limited in duration under
+ applicable law, without identifying or seeking Your
+ consent. Notwithstanding the foregoing, You acknowledge that BCCA
+ and its licensors will retain or own all rights in and to any
+ pre-existing code or other technology, content and data that may be
+ incorporated in the Improvements. For greater certainty, this
+ Section applies solely to the Source Code and shall not give You
+ any rights with respect to the object code or any other portion or
+ format of the Product which use, for greater certainty, is limited
+ as set forth in this Agreement including as set out in Section 3(b)
+ above. You acknowledge and agree that you will provide copies of
+ Improvements to BCCA in such format as reasonably requested by BCCA
+ at any time upon the request of BCCA.
+
+6. CONFIDENTIALITY: You acknowledge that the Product is and
+ incorporates confidential and proprietary information developed,
+ acquired by or licensed to BCCA. You will take all reasonable
+ precautions necessary to safeguard the confidentiality of the
+ Product, and will not disclose any information about the Product to
+ any other person without BCCA¡Çs prior written consent. You will
+ not allow the removal or defacement of any confidential or
+ proprietary notice placed on the Product. You acknowledge that any
+ breach of this Section 6 will cause irreparable harm to BCCA and
+ its licensors.
+
+7. NO WARRANTIES: THIS PRODUCT IS PROVIDED TO YOU BY BCCA IN ORDER TO
+ALLOW YOU TO OBTAIN ACCESS TO LEADING ACADEMIC RESEARCH. THE PRODUCT
+IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY
+KIND. NO WARRANTY, REPRESENTATION OR CONDITION EITHER EXPRESS OR
+IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR
+CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE,
+DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE SHALL
+APPLY. BCCA DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE ON A
+CONTINUOUS OR TROUBLE FREE BASIS.
+
+8. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY
+APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BCCA TO
+YOU EXCEED THE AMOUNT YOU HAVE PAID TO ACQUIRE THE PRODUCT ("MAXIMUM
+AMOUNT") AND WHERE YOU HAVE NOT PAID ANY AMOUNT FOR THE PRODUCT THEN
+THE MAXIMUM AMOUNT SHALL BE DEEMED TO BE CDN$100.00. IN NO EVENT SHALL
+BCCA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL
+DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS OR
+SAVINGS, REGARDLESS OF WHETHER THEY HAVE BEEN ADVISED OF THE
+POSSIBILITY OF SUCH DAMAGE. EXCEPT TO THE EXTENT THAT THE LAWS OF A
+COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE
+LIMITATIONS, EXCLUSIONS AND DISCLAIMERS, THESE LIMITATIONS, EXCLUSIONS
+AND DISCLAIMERS SHALL APPLY WHETHER AN ACTION, CLAIM OR DEMAND ARISES
+FROM A BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT,
+NEGLIGENCE, STRICT LIABILITY OR ANY OTHER KIND OF CIVIL OR STATUTORY
+LIABILITY CONNECTED WITH OR ARISING FROM THIS AGREEMENT. YOU AGREE
+THAT THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF
+LIABILITY ARE FAIR IN LIGHT OF THE NATURE OF THE RIGHTS GRANTED HEREIN
+AND THE AMOUNT OF FEES PAID BY YOU IN RESPECT OF THE PRODUCT.
+
+9. INDEMNITY: You will indemnify, defend and hold harmless BCCA, its
+ board of directors, staff and agents from and against any and all
+ liability, loss, damage, action, claim or expense (including
+ attorney¡Çs fees and costs at trial and appellate levels) in
+ connection with any claim, suit, action, demand or judgement
+ (collectively, "Claim") arising out of, connected with, resulting
+ from, or sustained as a result of Your use of the Product or the
+ downloading of the Product, including without limitation, any Claim
+ relating to infringement of BCCA¡Çs intellectual property rights or
+ the intellectual property rights of any third party.
+
+10. SUPPORT AND MAINTENANCE: You acknowledge and agree that, unless
+ and to the extent expressly agreed by BCCA in a separate written
+ document, the Product is provided to You without any support or
+ maintenance from BCCA and, for greater certainty, BCCA shall have
+ no obligation to issue any update or upgrade to any Product.
+
+11. TERM: This Agreement is effective until terminated. You may
+ terminate this Agreement at any time by ceasing use of the Product
+ and destroying or deleting any copies of the Product. This
+ Agreement will terminate immediately without notice from BCCA if
+ You fail to comply with any provision of this Agreement. BCCA may
+ terminate this Agreement at any time upon notice to you where BCCA
+ determines, in its sole discretion, that any continued use of the
+ Product could infringe the rights of any third parties. Upon
+ termination of this Agreement, and in any event upon BCCA
+ delivering You notice of termination, You shall immediately purge
+ all Products from Your computer system(s), return to BCCA all
+ copies of the Product that are in Your possession or control, and
+ cease any further development of any Improvements. On any
+ termination of this Agreement Sections 1, 4, 6, 7, 8, 9, 13 and 14
+ shall survive such termination.
+
+12. GOVERNMENT END USERS: Where any of the Product is used, duplicated
+ or disclosed by or to the United States government or a government
+ contractor or sub contractor, it is provided with RESTRICTED
+ RIGHTS as defined in Title 48 CFR 52.227-19 and is subject to the
+ following: Title 48 CFR 2.101, 52.227-19, 227.7201 through
+ 227.7202-4, FAR 52.227-14, and FAR 52.227-19(c)(1-2) and (6/87),
+ and where applicable, the customary software license, as described
+ in Title 48 CFR 227-7202 with respect to commercial software and
+ commercial software documentation including DFAR 252.227-7013,
+ DFAR 252,227-7014, DFAR 252.227-7015 and DFAR 252.7018, all as
+ applicable.
+
+13. USE OF THE DOWNLOAD SERVICE: You acknowledge and agree that you
+ will be responsible for all costs, charges and taxes (where
+ applicable) arising out of Your use of the Product and the
+ downloading of the Product. You acknowledge that You are
+ responsible for supplying any hardware or software necessary to
+ use the Product pursuant to this Agreement.
+
+14. GENERAL PROVISIONS:
+(a) This Agreement will be governed by the laws of the Province of
+British Columbia, and the laws of Canada applicable therein, excluding
+any rules of private international law that lead to the application of
+the laws of any other jurisdiction. The United Nations Convention on
+Contracts for the International Sale of Goods (1980) does not apply to
+this Agreement. The courts of the Province of British Columbia shall
+have non-exclusive jurisdiction to hear any matter arising in
+connection with this Agreement.
+(b) USE OF THE PRODUCT IS PROHIBITED IN ANY JURISDICTION WHICH DOES
+NOT GIVE EFFECT TO THE TERMS OF THIS AGREEMENT.
+(c) You agree that no joint venture, partnership, employment,
+consulting or agency relationship exists between You and BCCA as a
+result of this Agreement or Your use of the Product.
+(d) You hereby consent to Your contact information and any other
+personally identifiable information that You provide to us being
+disclosed to and maintained and used by us and our business partners
+for the purposes of (i) managing and developing our respective
+businesses and operations; (ii) marketing products and services to You
+and your staff; and (iii) developing new and enhancing existing
+products. You further agree that we may provide this information to
+other persons as required to satisfy any legal requirements and to any
+person that acquires some or all of the assets of BCCA. Where any of
+the personally identifiable information that You provide to us is in
+respect of individuals other than Yourself (such as Your staff) then
+You represent and warrant to use that You have obtained all necessary
+consents and authorizations from such individuals in order to comply
+with this provision. Please see the BCCA website for further
+information regarding personally identifiable information.
+(e) This Agreement is the entire Agreement between You and BCCA
+relating to this subject matter. You will not contest the validity of
+this Agreement merely because it is in electronic form. No
+modification of this Agreement will be binding, unless in writing and
+accepted by an authorized representative of each party.
+(f) The provisions of this Agreement are severable in that if any
+provision in the Agreement is determined to be invalid or
+unenforceable under any controlling body of law, that will not affect
+the validity or enforceability of the remaining provisions of the
+Agreement.
+(g) You agree to print out or download a copy of this Agreement and
+retain it for Your records.
+(h) You consent to the use of the English language in this Agreement.
+(i) You may not assign this Agreement or any of Your rights or
+obligations hereunder without BCCA's prior written consent. BCCA, at
+its sole discretion may assign this Agreement without notice to You.