DIVE: Data Intensive Visualization Engine Academic License
Instructions for UW CoMotion Express License
DIVE Software
Non-Exclusive Software License Agreement
Academic and non-profit research institution users are required to obtain this agreement in order to use DIVE.
Procedure for filling out the license:
- 1. You will be directed to a page where you can review the agreement terms.
- 2. The agreement must be signed by an authorized representative of your institution when checking out.
- 3. For completion of this agreement, you must provide the Site and the names of a Technical Contact and a Licensing Contact. After signing, you will be directed to a page to enter the Site location, and the name, title, email, and phone of these contacts. In situations where both contacts are the same individual, the information must be completed for each contact.
- a. Site refers to the particular address of the research investigator and their current employee(s) and staff entered by Licensee when it agrees to this agreement. For clarity, remote or cloud access to the Site is not included in the definition.
- b. Licensing Contact means the individual responsible for administering the terms of the agreement and related correspondence from UW.
- c. Technical Contact means the individual authorized by Licensee to receive the Software and conduct all technical correspondence with UW. To complete this agreement, you will need to provide the site location, Licensing Contact information, and Technical Contact information.
- 4. You will receive a copy of the fully executed agreement from UW CoMotion. Software access information will be sent to the Technical Contact via email.
- 5. Please contact our office if you have any questions about this process:
Express Licensing Program
UW CoMotion
University of Washington
4545 Roosevelt Way NE, Suite 400
Seattle, WA 98105-4608
Phone: 206-685-2278
Email: license@uw.edu
Non-Exclusive Software License Agreement
DIVE Software
The University of Washington, a public institution of higher education and an agency of the State of Washington, acting through its administrative office UW CoMotion, Seattle, Washington ("UW") desires to enable adoption of the Data Intensive Visualization Engine (DIVE) software, UW Project #46518 (Software) in furtherance of its public interest mission by granting academic/research licenses to Software. Software development was supported by the National Institutes of Health and a gift from Microsoft. This Agreement is for the beta-version of the Software. Licensee is an academic or non-profit research institution ("Licensee"). UW and Licensee agree as follows:
1. Definitions
1.1 Agreement means this Non-Exclusive Software License Agreement.
1.2 Effective Date means the latest date that this Agreement is fully signed by Licensee and UW
1.3 Site refers to the particular address of the research investigator and their current employee(s) and staff. entered by Licensee when it agrees to this Agreement. For clarity, remote or cloud access to the Site is not included in the definition.
2. Grants & Conditions
2.1 Grant of Rights in Software Copyright. Commencing on the Effective Date, and provided that Licensee conforms to the terms and conditions of this Agreement, UW hereby grants, and Licensee accepts, a limited, non-exclusive license under UWs copyright in the Software to use, run, display, copy, and modify the Software at, and for the use of researchers at, the Site. The license grant herein is limited to Licensee's individual use at the Site and does not authorize use by third parties at the Site or by anyone not located at the Site via the Internet or any other means.
2.2 Commercial Use. To use the Software for any commercial purpose, including but not limited to using the Software in connection with fee-based service projects or subscriptions, Licensee must execute a separate licensing agreement with UW and pay a fee. In that case please contact: license@uw.edu.
2.3 UW Reservation of Rights Use. UW retains all rights not expressly granted herein.
2.4 No Licensee Ownership in Software. Licensee shall not gain ownership in the Software under this Agreement. Licensee acknowledges the right of UW to prepare, publish, and distribute UW-prepared modifications to the Software that may be substantially similar or functionally equivalent to Licensee’s permitted modifications and improvements, and if Licensee obtains patent protection for any modification or improvement to the Software, Licensee agrees not to allege or enjoin infringement of any of its patents by UW or UW's licensees.
2.5 Feedback. Licensee shall provide the Software developers with feedback on the use of the Software in Licensee's research. Licensee hereby grants the Software developers and UW the right to use any information Licensee provides to make changes to the Software, and to distribute such modified Software. All bug reports and technical questions shall be sent to the email address: dynameomics_info@uw.edu.
2.6 Proprietary Markings. Licensee shall not remove or alter in the Software, or in any modifications, the proprietary notices and legends as provided by UW, including without restriction any copyright, trademark, patent notices and legends pertaining to attribution, source of developments, funding sources, and disclaimer of risk. At the request of UW, Licensee shall promptly modify such proprietary notices and legends to conform to UW's reasonable requirements.
2.7 Publications. Licensee shall acknowledge the contribution that the Software and its developers make to Licensee's research, and cite the following references about the Software in Licensee's publications. The current citations are:
Bromley D*, Rysavy SJ*, Su R, Toofanny RD, Schmidlin T, Daggett V. DIVE - A Data Intensive Visualization Engine. Bioinformatics, 30(4): 593-595, 2014.
Rysavy SJ*, Bromley D*, Daggett V. DIVE: A Graph-based Visual Analytics Framework for Big Data. IEEE Computer Graphics and Applications, In press, 2014.
2.8 Software Updates. UW may, in its sole discretion, offer periodic, unofficial updates to the Software. If Licensee accepts these unofficial updates and continues to use the updated Software, such updated Software shall be covered under the terms of this Agreement.
2.9 Delivery. UW shall provide Licensee access to the Software by means of Internet transmission (email and/or ftp) following execution of this Agreement. Licensee hereby authorizes UW to deliver the Software to the Technical Contact.
3. Term and Termination
3.1 Term. This Agreement shall remain effective for a period of one (1) year following the Effective Date, unless earlier terminated as set forth herein.
3.2 Termination by UW. UW may terminate this Agreement upon notice if Licensee is determined to be, in the sole discretion of UW, in material breach of this Agreement. The termination shall be effective 30 days from the Licensee's receipt date of notice. If UW determines that the specified breach is cured before the date of termination, the Agreement shall not be terminated and the notice thereof shall have no effect.
3.3 Effect of Termination. Termination of this Agreement will terminate all rights and licenses granted to Licensee relating to the Software. Licensee shall certify in writing to UW within 10 days after termination that the Software, all copies made by Licensee during the term of this Agreement, and all modifications thereof have been destroyed.
4. UW Disclaimers
4.1 Software Provided As-Is. The Software has been developed as part of research conducted at UW and is provided as a research courtesy. The Software is experimental in nature and is available AS IS, without obligation by UW to provide Licensee services or support except as specified in this Agreement. The entire risk as to the quality and performance of the Software is with Licensee.
4.2 General Disclaimer. UW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, PERTAINING TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE SOFTWARE DISCLOSED OR ANY OTHER MATERIALS OTHERWISE PROVIDED TO LICENSEE UNDER THIS AGREEMENT.
5. Release and Indemnification
5.1 Licensee's Release. For itself and its employees, Licensee hereby releases UW and its officers, regents, employees, students and agents forever from any suits, actions, claims, liabilities, demands, damages, losses, or expenses (including reasonable attorneys and investigative expenses) relating to the rights and obligations under this Agreement.
5.2 Licensee Indemnification. Licensee shall indemnify, defend and hold harmless UW and its officers, regents, employees, students and agents, against any and all claims, suits, losses, damages, costs, fees and expenses (including, without limitation, reimbursing reasonable attorney’s fees and other costs and expenses of defense) resulting from Licensee's possession and/or use of the Software, including but not limited to any damages, losses or liabilities whatsoever with respect to death or injury to any person and damage to any property. This indemnification clause shall survive the termination of this Agreement.
6. General
6.1 Governing Law, Venue. This Agreement will be construed in accordance with, and its performance will be governed by, the laws of the State of Washington. Any suit, action, or proceeding arising out of or relating to this Agreement will be decided in the state or federal courts located in King County, Washington. Licensee accepts the venue and jurisdiction of the U.S. District Court of Western Washington, Seattle, and the King County Superior Court and hereby waives any right to object to the governing law and venue provided herein.
6.2 No Assignment. This Agreement and the rights and benefits conferred upon Licensee hereunder may not be assigned or otherwise transferred by Licensee without the prior written consent of UW.
6.3 Entire Agreement, Construction. This Agreement embodies the entire understanding of the Parties and supersedes all previous communications, representations, or understandings, either oral or written, between the Parties relating to the subject matter hereof. Headings are provided for convenience only.