CISST Software License Agreement Version 1.0 (October 30, 2006) PURPOSE The Johns Hopkins University's Engineering Research Center for Computer-Integrated Surgical Systems and Technology (CISST ERC) has developed a software package ("CISST") that provides C++ libraries to facilitate the development of computer-integrated surgery systems. This Software License Agreement ("Agreement") covers downloads from the CISST package maintained by The Johns Hopkins University ("JHU"). If you distribute Software (as defined below) downloaded from CISST, all of the paragraphs of this Agreement must be included with and apply to such Software. Your downloading, copying, modifying, displaying, distributing or use of any software, documentation, and/or data from CISST (collectively, the "Software") constitutes acceptance of all of the terms and conditions of this Agreement. If you do not agree to such terms and conditions, you have no right to download, copy, modify, display, distribute or use the Software. DOWNLOADING AGREEMENT - License from JHU with Right to Sublicense ("Software License"). 1. As used in this Software License, "you" means the individual downloading and/or using, reproducing, modifying, displaying and/or distributing the Software and the institution or entity which employs or is otherwise affiliated with such individual in connection therewith. The Johns Hopkins University ("JHU") hereby grants you, with right to sublicense, with respect to JHU's rights in the software, documentation, and data, if any, which is the subject of this Software License (collectively, the "Software"), a royalty-free, non-exclusive license to use, reproduce, make derivative works of, display and distribute the Software, provided that: (a) you accept and adhere to all of the terms and conditions of this Software License; (b) in connection with any copy of or sublicense of all or any portion of the Software, all of the terms and conditions in this Software License shall appear in and shall apply to such copy and such sublicense, including without limitation all source and executable forms and on any user documentation that includes license information, prefaced with the following words: "All or portions of this licensed product have been obtained under license from The Johns Hopkins University and are subject to the following terms and conditions:" (c) you preserve and maintain all applicable attributions, copyright notices and licenses included in or applicable to the Software; (d) modified versions of the Software must be clearly identified and marked as such, and must not be misrepresented as being the original Software; and (e) you consider making, but are under no obligation to make, the source code of any of your modifications to the Software freely available to others on an open source basis. 2. The license granted in this Software License includes without limitation the right to (i) incorporate the Software into proprietary programs (subject to any restrictions applicable to such programs), (ii) add your own copyright statement to your modifications of the Software, and (iii) provide additional or different license terms and conditions in your sublicenses of modifications of the Software; provided that in each case your use, reproduction or distribution of such modifications otherwise complies with the conditions stated in this Software License. 3. This Software License does not grant any rights with respect to third party software, except those rights that JHU has been authorized by a third party to grant to you, and accordingly you are solely responsible for (i) obtaining any permissions from third parties that you need to use, reproduce, make derivative works of, display and distribute the Software, and (ii) informing your sublicensees, including without limitation your end-users, of their obligations to secure any such required permissions. 4. The Software, as provided by JHU, was designed for research purposes only and was not reviewed or approved by the Food and Drug Administration or by any other agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL USE OF THE JHU SOFTWARE IS NEITHER RECOMMENDED NOR ADVISED. Any modification or commercialization of the Software, whether for clinical use or otherwise, is at the sole risk of the party or parties engaged therein. You further agree to use, reproduce, make derivative works of, display and distribute the Software in compliance with all applicable governmental laws, regulations and orders, including without limitation those relating to export and import control. 5. The Software is provided "AS IS" and neither JHU nor any contributor to the software (each a "Contributor") shall have any obligation to provide maintenance, support, updates, enhancements or modifications thereto. JHU AND ALL CONTRIBUTORS MAKE NO WARRANTY THAT ALL ERRORS, BUGS, DEFICIENCIES, DEFECTS AND MALFUNCTIONS HAVE BEEN OR CAN BE ELIMINATED FROM THE SOFTWARE, AND, JHU AND ALL CONTRIBUTORS SHALL IN NO EVENT BE RESPONSIBLE FOR LOSSES OF ANY KIND RESULTING FROM THE USE OF THE SOFTWARE, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR BUSINESS EXPENSE, MACHINE DOWNTIME, OR DAMAGES CAUSED TO LICENSEE BY ANY ERROR, BUG, DEFICIENCY, DEFECT OR MALFUNCITON. JHU AND ALL CONTRIBUTORS SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL JHU OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY RELATED TO THE SOFTWARE, EVEN IF JHU OR ANY CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW OR REGULATION, YOU FURTHER ASSUME ALL LIABILITY FOR YOUR USE, REPRODUCTION, MAKING OF DERIVATIVE WORKS, DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE AND AGREE TO INDEMNIFY AND HOLD HARMLESS JHU AND ALL CONTRIBUTORS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS ARISING THEREFROM. 6. None of the names, logos or trademarks of JHU or any of JHU's affiliates or any of the Contributors, or any funding agency, may be used to endorse or promote products produced in whole or in part by operation of the Software or derived from or based on the Software without specific prior written permission from the applicable party. 7. Any use, reproduction or distribution of the Software which is not in accordance with this Software License shall automatically revoke all rights granted to you under this Software License. 8. This Software License does not grant any rights in or to any intellectual property owned by JHU or any Contributor except those rights expressly granted hereunder. MISCELLANEOUS This Agreement shall be governed by and construed in accordance with the laws of The State of Maryland without regard to principles of conflicts of law. As specifically provided by MD. Anno. Code, CL, Section 21-104, the Parties agree that this Agreement shall not be governed by the Uniform Computer Information Transactions Act (UCITA) as adopted in Maryland under Title 21 of the Commercial Law Article of the Maryland Annotated Code, as amended from time to time. This agreement shall be governed by the common law of Maryland relating to written agreements, as well as other statutory provisions, other than UCITA which may apply, and shall be interpreted and enforced as if UCITA had never been adopted in Maryland. The Parties further agree that electronic self-help shall not be permitted under this Agreement. This Agreement shall supersede and replace any license terms that you may have agreed to previously with respect to CISST. This Software License was derived, with permission, from the 3D Slicer Software License Agreement, Version 1.0 (December 20, 2005), created by The Brigham & Women's Hospital, Inc.