“Space” Software Non-Exclusive License Agreement

Copyright © 2004-2006 University of Oregon.  All Rights Reserved.
This software ("Space") is provided by the State of Oregon acting by and through the State Board of Higher Education on behalf of the University of Oregon (”University of Oregon”).  Permission is hereby granted, without payment, to copy, modify and display this software and its documentation, if any, for research purposes only, provided that the above copyright notice, this paragraph, and the following five paragraphs appear on all copies of this software.  Use of this software constitutes acceptance of these terms and conditions.
Space software has not been reviewed or approved by the Food and Drug Administration, and is for non-clinical, IRB-approved Research Use Only.  In no event shall data or images generated through the use of Space software be used in the provision of patient care.
This Agreement shall be governed by the laws of the State of Oregon and the United States of America without regard to principles of conflicts of law.  Any claim, action, suit, or proceeding that arises from or relates to this Agreement (a "Claim") shall be brought and conducted solely and exclusively within the Circuit Court of Marion County, Oregon, U.S.A.; provided, however, that if a Claim must be brought in a federal forum, then it shall be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon, U.S.A.  BY SUBMITTING THIS AGREEMENT, THE USER OF THE SPACE SOFTWARE HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SUCH COURTS.  In no way shall this section be construed as a waiver by the State of Oregon or University of Oregon of any form of defense or immunity, whether it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States, or otherwise, from any Claim or from the jurisdiction of any court.
UNIVERSITY OF OREGON MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED RELATING TO SPACE.  BY WAY OF EXAMPLE, BUT NOT LIMITATION, UNIVERSITY OF OREGON MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF THE UNIVERSITY OF OREGON KNOWS OF SUCH PURPOSE), OR THAT THE USE OF SPACE OR DOCUMENTATION WILL NOT INFRINGE ANY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS OF THIRD PARTIES.  UNIVERSITY OF OREGON SHALL NOT BE HELD LIABLE FOR ANY DAMAGES WITH RESPECT TO ANY CLAIM BY A SPACE USER OR ANY THIRD PARTY ON ACCOUNT OF OR ARISING FROM THIS AGREEMENT OR USE OF SPACE, EVEN IF UNIVERSITY OF OREGON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE SPACE SOFTWARE USER HEREBY SAVES, HOLDS HARMLESS, DISCHARGES AND RELEASES UNIVERSITY OF OREGON AND ALL OF ITS RESPECTIVE AGENTS, SERVANTS, EMPLOYEES AND VOLUNTEERS, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES OR DEMANDS OF ANY KIND AND NATURE WHATSOEVER WHICH MAY ARISE FROM OR IN CONNECTION WITH THE SPACE USER’S INSTALLATION OR USE OF SPACE.

The University of Oregon’s liability, if any, under this Agreement is subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260-.300, and Article XI, Section 7, of the Oregon Constitution.
THE SOFTWARE IS PROVIDED BY THE UNIVERSITY OF OREGON "AS IS." THE UNIVERSITY OF OREGON HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.