FreeSurfer Software License Agreement

Version 1.0, February 2011

This Agreement covers contributions to and downloads from the FreeSurfer
project ("FreeSurfer") maintained by The General Hospital Corporation, Boston
MA, USA ("MGH"). Part A of this Agreement applies to contributions of software
and/or data to FreeSurfer (including making revisions of or additions to code
and/or data already in FreeSurfer). Part B of this Agreement applies to
downloads of software and/or data from FreeSurfer. Part C of this Agreement
applies to all transactions with FreeSurfer. If you distribute Software (as
defined below) downloaded from FreeSurfer, all of the paragraphs of Part B of
this Agreement must be included with and apply to such Software. Your
contribution of software and/or data to FreeSurfer (including prior to the date
of the first publication of this Agreement, each a "Contribution") and/or
downloading, copying, modifying, displaying, distributing or use of any
software and/or data from FreeSurfer (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 contribute your
Contribution, or to download, copy, modify, display, distribute or use the
Software.
PART A. CONTRIBUTION AGREEMENT

License to MGH with Right to Sublicense ("Contribution Agreement")

As used in this Contribution Agreement, "you" means the individual contributing
the Contribution to FreeSurfer and the institution or entity which employs or
is otherwise affiliated with such individual in connection with such
Contribution.
This Contribution Agreement applies to all Contributions made to FreeSurfer,
including without limitation Contributions made prior to the date of first
publication of this Agreement. If at any time you make a Contribution to
FreeSurfer, you represent that (i) you are legally authorized and entitled to
make such Contribution and to grant all licenses granted in this Contribution
Agreement with respect to such Contribution; (ii) if your Contribution includes
any patient data, all such data is de-identified in accordance with U.S.
confidentiality and security laws and requirements, including but not limited
to the Health Insurance Portability and Accountability Act (HIPAA) and its
regulations, and your disclosure of such data for the purposes contemplated by
this Agreement is properly authorized and in compliance with all applicable
laws and regulations; and (iii) you have preserved in the Contribution all
applicable attributions, copyright notices and licenses for any third party
software or data included in the Contribution.
Except for the licenses granted in this Agreement, you reserve all right, title
and interest in your Contribution.
You hereby grant to MGH, with the right to sublicense, a perpetual, worldwide,
non-exclusive, no charge, royalty-free, irrevocable license to use, reproduce,
make derivative works of, display and distribute the Contribution. If your
Contribution is protected by patent, you hereby grant to MGH, with the right to
sublicense, a perpetual, worldwide, non-exclusive, no-charge, royalty-free,
irrevocable license under your interest in patent rights covering the
Contribution, to make, have made, use, sell and otherwise transfer your
Contribution, alone or in combination with any other code.
You acknowledge and agree that MGH may incorporate your Contribution into
FreeSurfer and may make FreeSurfer available to members of the public on an
open source basis under terms substantially in accordance with the Software
License set forth in Part B of this Agreement. You further acknowledge and
agree that MGH shall have no liability arising in connection with claims
resulting from your breach of any of the terms of this Agreement.
YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION DOES NOT
CONTAIN ANY CODE THAT REQURES OR PRESCRIBES AN "OPEN SOURCE LICENSE" FOR
DERIVATIVE WORKS (by way of non-limiting example, the GNU General Public
License or other so-called "reciprocal" license that requires any derived work
to be licensed under the GNU General Public License or other "open source
license").

PART B. DOWNLOADING AGREEMENT

License from MGH with Right to Sublicense ("Software License")

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 General Hospital Corporation, Boston
MA, USA ("MGH") hereby grants you, with right to sublicense, with respect to
MGH's rights in the software, 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, prefaced with the following
words: "All or portions of this licensed product (such portions are the
"Software") have been obtained under license from The General Hospital
Corporation 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.
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.
This Software License does not grant any rights with respect to third party
software, except those rights that MGH 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.
The Software has been designed for research purposes only and has not been
reviewed or approved by the Food and Drug Administration or by any other
agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL APPLICATIONS ARE NEITHER
RECOMMENDED NOR ADVISED. Any commercialization of the Software is at the sole
risk of the party or parties engaged in such commercialization. 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.
The Software is provided "AS IS" and neither MGH nor any contributor to the
software (each a "Contributor") shall have any obligation to provide
maintenance, support, updates, enhancements or modifications thereto. MGH 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 MGH 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 MGH 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 MGH AND
ALL CONTRIBUTORS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS
AND JUDGMENTS ARISING THEREFROM.
None of the names, logos or trademarks of MGH or any of MGH'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.
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 and render Paragraphs 1 and 2 of
this Software License null and void.
This Software License does not grant any rights in or to any intellectual
property owned by MGH or any Contributor except those rights expressly granted
hereunder.

PART C. MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the laws
of The Commonwealth of Massachusetts without regard to principles of conflicts
of law. This Agreement shall supercede and replace any license terms that you
may have agreed to previously with respect to FreeSurfer.
