VANDERBILT UNIVERSITY
NON-COMMERCIAL SINGLE-USER LICENSE AGREEMENT
FOR FAST-AIMS SOFTWARE


NOTICE: This is a contract. It is our understanding that you represent a non-profit, academic institution ("Recipient"). By installing this Software Recipient accepts all the terms and conditions of this Agreement.

This Vanderbilt University ("Vanderbilt") Non-Commercial Single-User License Agreement ("Agreement") accompanies the FAST-AIMS, Fully Automated Software Tool for Artificial Intelligence in Mass Spectrometry software product ("Software"). The term "Software" shall include any upgrades, modified versions, updates, or documentation, as included in the executable version of the Software, licensed to Recipient by Vanderbilt. Please read this Agreement carefully. At the end you will be asked to accept this Agreement, provide all pertinent institutional contact information, and be permitted to download the Software. Or, if you do not wish to accept the terms and conditions of this Agreement, you will not be permitted to download the Software.

Upon your acceptance of this Agreement, Vanderbilt grants to Recipient, at no cost, a nonexclusive license to use the Software, provided that Recipient agrees to the following:

By agreeing to the terms and conditions of this Agreement, recipient represents and warrants that it is a not-for-profit, academic enterprise. Further, the individual signatory of this Agreement warrants that he/she is authorized by his/her institution to execute this Agreement.

Permission is granted to recipient to use this software for noncommercial educational and research purposes only without the right to copy, reproduce, or distribute this software to others. This Agreement authorizes the recipient to use the software on one single-user computer system. Permission to modify or otherwise create derivative works of this software is not granted.
Recipient understands that no training, support, maintenance, or improvements to the Software will be provided under this Agreement.

THIS SOFTWARE IS PROVIDED "AS IS," BY VANDERBILT UNIVERSITY TO RECIPIENT WITHOUT REPRESENTATION AS TO ITS FITNESS FOR ANY PURPOSE, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VANDERBILT UNIVERSITY DOES NOT WARRANT THAT THE USE OF THIS SOFTWARE WILL NOT INFRINGE THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THE SOFTWARE IS NEITHER GUARANTEED TO BE FREE OF BUGS, VIRUSES OR ERRORS NOR TO FUNCTION ON ANY PARTICULAR COMPUTER/SOFTWARE PLATFORM. VANDERBILT UNIVERSITY SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WITH RESPECT TO ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE, EVEN IF IT HAS BEEN OR IS HEREAFTER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Recipient understands that the Software utilizes LIBSVM, a library for support vector machines. LIBSVM is the property of Chih-Chung Chang and Chih-Jen Lin ("LIBSVM Authors"). Further, the LIBSVM Authors allow redistribution of LIBSVM, with the understanding that the following disclaimer is attached:

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The name of Vanderbilt University or any trademark, service mark, trade name or symbol of Vanderbilt University is not to be used for any purpose.

The tradename FAST-AIMS, Fully Automated Software Tool for Artificial Intelligence in Mass Spectrometry, the software code, documentation, proprietary algorithms, and examples of use are the property of Vanderbilt.

Recipient agrees to cite the Software if its use, in any form, leads to any published work. Cite: Fananapazir N, Li M, Spentzos D, Aliferis CF. Formative evaluation of a prototype system for automated analysis of mass spectrometry data. AMIA 2005 Annual Symposium Proceedings 2005;241-5.

This Agreement shall be governed by the laws of the state of Tennessee, U.S.A., excluding the application of its conflicts of law rules. This Agreement shall not be governed by the United Nations convention on contracts for the international sale of goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software shall not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States export administration act, or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms and conditions, or for providing false information. This Agreement may only be modified in writing signed by an authorized officer of Vanderbilt.

This Agreement shall automatically terminate upon failure by recipient to comply with its terms and conditions. Further, this Agreement may be revoked at anytime by Vanderbilt University. Upon termination, recipient shall remove the Software from any computer on which is resides and notify Vanderbilt University that it has done so.

This Agreement shall only be considered effective upon complete and truthful registration of the Registrant.

This Agreement constitutes the entire agreement between the parties as to the subject matter hereof.