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3D Slicer Contribution and Software License Agreement ("Agreement") |
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Version 1.0 (December 20, 2005) |
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This Agreement covers contributions to and downloads from the 3D |
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Slicer project ("Slicer") maintained by The Brigham and Women's |
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Hospital, Inc. ("Brigham"). Part A of this Agreement applies to |
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contributions of software and/or data to Slicer (including making |
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revisions of or additions to code and/or data already in Slicer). Part |
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B of this Agreement applies to downloads of software and/or data from |
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Slicer. Part C of this Agreement applies to all transactions with |
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Slicer. If you distribute Software (as defined below) downloaded from |
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Slicer, all of the paragraphs of Part B of this Agreement must be |
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included with and apply to such Software. |
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Your contribution of software and/or data to Slicer (including prior |
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to the date of the first publication of this Agreement, each a |
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"Contribution") and/or downloading, copying, modifying, displaying, |
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distributing or use of any software and/or data from Slicer |
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(collectively, the "Software") constitutes acceptance of all of the |
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terms and conditions of this Agreement. If you do not agree to such |
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terms and conditions, you have no right to contribute your |
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Contribution, or to download, copy, modify, display, distribute or use |
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the Software. |
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PART A. CONTRIBUTION AGREEMENT - License to Brigham with Right to |
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Sublicense ("Contribution Agreement"). |
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1. As used in this Contribution Agreement, "you" means the individual |
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contributing the Contribution to Slicer and the institution or |
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entity which employs or is otherwise affiliated with such |
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individual in connection with such Contribution. |
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2. This Contribution Agreement applies to all Contributions made to |
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Slicer, including without limitation Contributions made prior to |
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the date of first publication of this Agreement. If at any time you |
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make a Contribution to Slicer, you represent that (i) you are |
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legally authorized and entitled to make such Contribution and to |
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grant all licenses granted in this Contribution Agreement with |
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respect to such Contribution; (ii) if your Contribution includes |
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any patient data, all such data is de-identified in accordance with |
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U.S. confidentiality and security laws and requirements, including |
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but not limited to the Health Insurance Portability and |
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Accountability Act (HIPAA) and its regulations, and your disclosure |
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of such data for the purposes contemplated by this Agreement is |
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properly authorized and in compliance with all applicable laws and |
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regulations; and (iii) you have preserved in the Contribution all |
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applicable attributions, copyright notices and licenses for any |
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third party software or data included in the Contribution. |
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3. Except for the licenses granted in this Agreement, you reserve all |
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right, title and interest in your Contribution. |
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4. You hereby grant to Brigham, with the right to sublicense, a |
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perpetual, worldwide, non-exclusive, no charge, royalty-free, |
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irrevocable license to use, reproduce, make derivative works of, |
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display and distribute the Contribution. If your Contribution is |
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protected by patent, you hereby grant to Brigham, with the right to |
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sublicense, a perpetual, worldwide, non-exclusive, no-charge, |
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royalty-free, irrevocable license under your interest in patent |
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rights covering the Contribution, to make, have made, use, sell and |
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otherwise transfer your Contribution, alone or in combination with |
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any other code. |
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5. You acknowledge and agree that Brigham may incorporate your |
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Contribution into Slicer and may make Slicer available to members |
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of the public on an open source basis under terms substantially in |
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accordance with the Software License set forth in Part B of this |
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Agreement. You further acknowledge and agree that Brigham shall |
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have no liability arising in connection with claims resulting from |
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your breach of any of the terms of this Agreement. |
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6. YOU WARRANT THAT TO THE BEST OF YOUR KNOWLEDGE YOUR CONTRIBUTION |
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DOES NOT CONTAIN ANY CODE THAT REQUIRES OR PRESCRIBES AN "OPEN |
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SOURCE LICENSE" FOR DERIVATIVE WORKS (by way of non-limiting |
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example, the GNU General Public License or other so-called |
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"reciprocal" license that requires any derived work to be licensed |
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under the GNU General Public License or other "open source |
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license"). |
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PART B. DOWNLOADING AGREEMENT - License from Brigham with Right to |
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Sublicense ("Software License"). |
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1. As used in this Software License, "you" means the individual |
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downloading and/or using, reproducing, modifying, displaying and/or |
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distributing the Software and the institution or entity which |
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employs or is otherwise affiliated with such individual in |
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connection therewith. The Brigham and Women's Hospital, |
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Inc. ("Brigham") hereby grants you, with right to sublicense, with |
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respect to Brigham's rights in the software, and data, if any, |
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which is the subject of this Software License (collectively, the |
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"Software"), a royalty-free, non-exclusive license to use, |
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reproduce, make derivative works of, display and distribute the |
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Software, provided that: |
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(a) you accept and adhere to all of the terms and conditions of this |
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Software License; |
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(b) in connection with any copy of or sublicense of all or any portion |
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of the Software, all of the terms and conditions in this Software |
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License shall appear in and shall apply to such copy and such |
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sublicense, including without limitation all source and executable |
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forms and on any user documentation, prefaced with the following |
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words: "All or portions of this licensed product (such portions are |
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the "Software") have been obtained under license from The Brigham and |
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Women's Hospital, Inc. and are subject to the following terms and |
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conditions:" |
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(c) you preserve and maintain all applicable attributions, copyright |
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notices and licenses included in or applicable to the Software; |
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(d) modified versions of the Software must be clearly identified and |
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marked as such, and must not be misrepresented as being the original |
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Software; and |
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(e) you consider making, but are under no obligation to make, the |
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source code of any of your modifications to the Software freely |
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available to others on an open source basis. |
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2. The license granted in this Software License includes without |
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limitation the right to (i) incorporate the Software into |
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proprietary programs (subject to any restrictions applicable to |
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such programs), (ii) add your own copyright statement to your |
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modifications of the Software, and (iii) provide additional or |
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different license terms and conditions in your sublicenses of |
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modifications of the Software; provided that in each case your use, |
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reproduction or distribution of such modifications otherwise |
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complies with the conditions stated in this Software License. |
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3. This Software License does not grant any rights with respect to |
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third party software, except those rights that Brigham has been |
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authorized by a third party to grant to you, and accordingly you |
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are solely responsible for (i) obtaining any permissions from third |
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parties that you need to use, reproduce, make derivative works of, |
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display and distribute the Software, and (ii) informing your |
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sublicensees, including without limitation your end-users, of their |
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obligations to secure any such required permissions. |
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4. The Software has been designed for research purposes only and has |
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not been reviewed or approved by the Food and Drug Administration |
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or by any other agency. YOU ACKNOWLEDGE AND AGREE THAT CLINICAL |
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APPLICATIONS ARE NEITHER RECOMMENDED NOR ADVISED. Any |
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commercialization of the Software is at the sole risk of the party |
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or parties engaged in such commercialization. You further agree to |
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use, reproduce, make derivative works of, display and distribute |
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the Software in compliance with all applicable governmental laws, |
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regulations and orders, including without limitation those relating |
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to export and import control. |
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5. The Software is provided "AS IS" and neither Brigham nor any |
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contributor to the software (each a "Contributor") shall have any |
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obligation to provide maintenance, support, updates, enhancements |
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or modifications thereto. BRIGHAM AND ALL CONTRIBUTORS SPECIFICALLY |
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DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND INCLUDING, |
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BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR |
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A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL |
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BRIGHAM OR ANY CONTRIBUTOR BE LIABLE TO ANY PARTY FOR DIRECT, |
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INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES |
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HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING IN ANY WAY |
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RELATED TO THE SOFTWARE, EVEN IF BRIGHAM OR ANY CONTRIBUTOR HAS |
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM |
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EXTENT NOT PROHIBITED BY LAW OR REGULATION, YOU FURTHER ASSUME ALL |
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LIABILITY FOR YOUR USE, REPRODUCTION, MAKING OF DERIVATIVE WORKS, |
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DISPLAY, LICENSE OR DISTRIBUTION OF THE SOFTWARE AND AGREE TO |
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INDEMNIFY AND HOLD HARMLESS BRIGHAM AND ALL CONTRIBUTORS FROM AND |
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AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS AND JUDGMENTS |
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ARISING THEREFROM. |
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6. None of the names, logos or trademarks of Brigham or any of |
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Brigham's affiliates or any of the Contributors, or any funding |
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agency, may be used to endorse or promote products produced in |
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whole or in part by operation of the Software or derived from or |
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based on the Software without specific prior written permission |
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from the applicable party. |
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7. Any use, reproduction or distribution of the Software which is not |
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in accordance with this Software License shall automatically revoke |
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all rights granted to you under this Software License and render |
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Paragraphs 1 and 2 of this Software License null and void. |
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8. This Software License does not grant any rights in or to any |
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intellectual property owned by Brigham or any Contributor except |
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those rights expressly granted hereunder. |
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PART C. MISCELLANEOUS |
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This Agreement shall be governed by and construed in accordance with |
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the laws of The Commonwealth of Massachusetts without regard to |
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principles of conflicts of law. This Agreement shall supercede and |
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replace any license terms that you may have agreed to previously with |
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respect to Slicer. |