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Simmune Registration and Agreement Form

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Simmune Software Transfer Agreement National Institute of Allergy and Infectious Diseases National Institutes of Health In response to RECIPIENT SCIENTIST's request for the suite of computer programs known as SIMMUNE and its supporting materials in computer readable form described in Nature Methods DOI: 10.1038/nmeth.1861 (2012) ("SOFTWARE"), the National Institute of Allergy and Infectious Diseases, National Institutes of Health ("NIAID") an agency of the Government of the United States of America (“Government”) asks that the RECIPIENT and the RECIPIENT SCIENTIST agree to the following before the SOFTWARE is delivered to the RECIPIENT SCIENTIST electronically: 1. The SOFTWARE and any copies of SOFTWARE, in any form or part, are the property of NIAID. SOFTWARE is made available as a service to the research community. 2. THE SOFTWARE WILL NOT BE USED FOR TREATING OR DIAGNOSING HUMAN SUBJECTS. 3. The SOFTWARE may only be used for teaching or not-for-profit research purposes. The SOFTWARE may not be used for commercial purposes. 4. RECIPIENT SCIENTIST agrees not to distribute the SOFTWARE to others without NIAID's written consent. The RECIPIENT will refer any request for the SOFTWARE to NIAID. NIAID agrees to make SOFTWARE available to other scientists for teaching or not-for-profit research purposes under an agreement with terms similar to this Agreement. 5. The RECIPIENT agrees to use the SOFTWARE in compliance with all applicable statutes and regulations. 6. Nothing herein, by implication or otherwise, constitutes a grant to RECIPIENT by NIAID of any license or other rights under any patent, patent application or other intellectual property right or interest. 7. The RECIPIENT agrees to acknowledge the source of the SOFTWARE in any publications or presentations reporting the use of SOFTWARE. 8. Unless prohibited by law, RECIPIENT assumes all liability for claims for damages against it by third parties which may arise from the RECIPIENT's use of the SOFTWARE except that, to the extent permitted by law, NIAID shall be liable to the RECIPIENT when the damage is caused by the gross negligence or willful misconduct of NIAID. 9. SOFTWARE is supplied to RECIPIENT "AS IS" without any accompanying services or improvements from NIAID. SOFTWARE IS SUPPLIED TO RECIPIENT WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NIAID makes no representations that the use of SOFTWARE will not infringe any patent or proprietary rights of third parties. 10. RECIPIENT SCIENTIST shall indemnify and hold the GOVERNMENT, its employees, students, fellows, agents, and consultants harmless from and against all liability, demands, damages, expenses, and losses, including but not limited to death, personal injury, illness, or property damage in connection with or arising out of the use by or on behalf of RECIPIENT SCIENTIST, its sublicensees, directors, employees, or third parties of any SOFTWARE. 11. RECIPIENT agrees not to claim, infer, or imply any Governmental endorsement of the RECIPIENT's research that uses SOFTWARE; the RECIPIENT or RECIPIENT's personnel conducting the research; or any results of the research. 12. The construction, validity, performance and effect of this Agreement will be governed by Federal law, as applied by the Federal Courts in the District of Columbia, U.S.A. By completing the registration form and checking the "I Accept" box you are indicating your agreement with these terms. Mailing Address for Notices: Office of Technology Development National Institute of Allergy and Infectious Diseases Department of Health and Human Services 6610 Rockledge Drive, Suite 2800, MSC 6606 Bethesda, MD 20892-6606 (Zip Code for Courier: 20817) Tel: 301/496-2644 Fax: 301/402-7123
I accept the terms of the license agreement specified above.