Harvard University

Software License Agreement/Academic End User

Background.

A computer software executable program, known as Algorithm for Haplotype Construction of Single Nucleotide Polymorphism (or "Haplotyper"), was developed by Jun Liu, Steve Qin and Tianhua Niu, at Harvard University ("Harvard").

Harvard owns all right, title and interest in the Haplotyper and in all patents, trademarks, trade names, inventions, copyrights, know how and trade secrets relating to the design, manufacture, operation or service of the Haplotyper. The Haplotyper is 2001 President and Fellows of Harvard College. All rights reserved.

Terms and Conditions.

Harvard grants to Licensee, and Licensee accepts, a non-exclusive and non-transferable license to use the computer software executable Haplotyper and associated documentation upon the terms and conditions stipulated herein.

1. Licensee represents and warrants that he/she is an employee of a non-profit or academic institution. Licensee agrees to use the Haplotyper solely for research and/or evaluation purposes. Licensee agrees not to use the Haplotyper for any commercial purposes. Licensee agrees not to use the Haplotyper in any commercially funded research.

2. Licensee agrees not to copy or reproduce the Haplotyper, other than as might be required for the purpose of evaluating Haplotyper. Licensee agrees to restrict access to Licensee's copy of the Haplotyper to individuals officially affiliated with Licensee's institution. The Licensee agrees not to redistribute, decompile, or reverse engineer the Haplotyper in any manner.

3. Licensee understands that the Haplotyper comprises any prerelease version of the Haplotyper, whether labeled alpha, beta, prerelease, preview or otherwise. The Haplotyper includes any updates, upgrades, "bug" fixes, or enhancements, which Harvard, in its sole discretion, may choose to provide to Licensee.

4. In consideration for use of the Haplotyper, Licensee agrees to report to Harvard the Haplotyper's utility, functionality, and discovered code irregularities or flaws ("bugs"), either by mail or fax to: Steve Qin, Department of Statistics, 801 Science Center, 1 Oxford St. Cambridge, MA 02138, fax: (617) 496-8057, or in electronic form to: qin@stat.harvard.edu.

5. The Haplotyper is limited in purpose and experimental. The Haplotyper is a research tool still in the development stage, and that it is being supplied "as is," without any accompanying services or improvements from Harvard. Harvard DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS HARVARD AND ITS CURRENT OR FORMER DIRECTORS, GOVERNING BOARD MEMBERS, TRUSTEES, OFFICERS, FACULTY, MEDICAL AND PROFESSIONAL STAFF, EMPLOYEES, STUDENTS, AND AGENTS AND THEIR RESPECTIVE SUCCESSORS, HEIRS AND ASSIGNS (COLLECTIVELY, THE "INDEMNITEES"), FROM AND AGAINST ANY CLAIM, LIABILITY, COST, EXPENSE, DAMAGE, DEFICIENCY, LOSS OR OBLIGATION OF ANY KIND OR NATURE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER COSTS AND EXPENSES OF LITIGATION) (COLLECTIVELY, "CLAIMS"), BASED UPON, ARISING OUT OF, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CAUSE OF ACTION RELATING TO PRODUCT LIABILITY CONCERNING ANY PRODUCT, PROCESS, OR SERVICE MADE, USED OR SOLD PURSUANT TO ANY RIGHT OR LICENSE GRANTED UNDER THIS AGREEMENT.

6. This document contains the entire agreement and understanding concerning the subject matter between Licensee and Harvard, and no term or condition hereof may be modified except by a subsequent writing executed by both parties. By clicking on the "I agree" box below, Licensee agrees to be bound by the above terms and conditions.

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