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LICENCE
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LICENCE
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**PANDORA LICENSE TERMS**
PANDORA License Terms are reproduced below for your reference. Please note that you will be asked to agree to the terms below if you are eligible to license PANDORA. Your eligibility will be determined at the pre-screening survey.
**PANDORA Non-Profit End-User License Agreement**
This non-profit end-user license agreement ("Agreement") is made by and between aTomic Laboratory ("aTomic Laboratory"), a not-for-profit corporation duly organized and existing under the laws of Massachusetts and having offices at Commonwealth Ave, Boston, MA 02215, and your organization through you (the "Licensee"). Both aTomic Laboratory and Licensee are referred to as the "Parties" or, individually, as a "Party."
**RECITALS**
aTomic Laboratory is the owner of all rights, title, and interest in and to the Predictive Analytics aNd Data Oriented Research Applications Software, also known as "PANDORA," and has the right to grant licenses for use of the Software. Licensee desires to obtain a license to use said Software for Non-Commercial Research Purposes only.
aTomic Laboratory, Licensee, and other third-party non-commercial licensees of the Software (individually, a "Consortium Member" and, collectively, the "PANDORA Consortium Members"), desire to use the Software and create Derivative Works of same either collaboratively or independently.
**1. DEFINITIONS**
1.1 "Consortium" means the group of PANDORA institutional partners from various institutions as further defined and described on the PANDORA website (http://www.atomic-lab.org/).
1.2 "Consortium Member" is an institutional partner of the Consortium.
1.3 "Derivative Works" means any derivative works (as defined by U.S. Copyright Laws at 17 U.S.C. §101) of PANDORA, regardless of author.
1.4 "Permitted Users" means Licensee’s employees who are expressly authorized in writing by Licensee to use the Software in conformity with the terms of this Agreement.
1.5 "Software" means the Predictive Analytics aNd Data Oriented Research Applications Software (also referred to herein as "PANDORA"), the PANDORA source code, and any Derivative Works created by aTomic Laboratory, Licensee or other Consortium Members.
1.6 "Non-Commercial Research Purposes" means for internal research, internal operations, and internal educational purposes only, which research, operational or educational uses are to be conducted by Licensee in a manner consistent with its tax-exempt status and may include research funded by commercial (for-profit) organizations, but shall not include use of the Software as the basis for providing a contract or other services to any entity.
**2. GRANT OF LICENSE BY aTomic Laboratory**
2.1 (a) Subject to the terms and conditions of this Agreement, aTomic Laboratory hereby grants to Licensee, and Licensee accepts from aTomic Laboratory, a non-exclusive license for Licensee’s Permitted Users solely to use the Software and make Derivative Works of same for Licensee’s own Non-Commercial Research Purposes only. LICENSEE UNDERSTANDS AND AGREES THAT NEITHER THE SOFTWARE NOR ANY DERIVATIVE WORKS MAY BE DISTRIBUTED TO OR SHARED WITH ANY THIRD PARTY FOR ANY PURPOSE.
(b) The Software may only be installed (i) on servers and computers owned by Licensee or (ii) on web-based or "cloud" servers where the third party hosting company has been hired by Licensee and provided that the third party hosting company has no access whatsoever to the Software. Licensee is responsible for ensuring the web-hosting service is able to properly maintain in confidence the Software (including all PANDORA source code) and "Protected Health Information" in conformity with HIPAA. Furthermore, if the Software is installed on portable devices, Licensee is responsible for ensuring that the Software source code shall be encrypted to protect the Software from unauthorized use or disclosure.
(c) Notwithstanding the foregoing, Licensee may allow limited access to the Software by a third party research collaborator ("Collaborator") to permit entry of data by the Collaborator as part of a multi-site data collection effort related to joint research in which the Collaborator is actively and materially involved. Such Collaborator shall not be permitted any other access to or use of the Software.
(d) Licensee acknowledges that when new versions are made available, aTomic Laboratory has no obligation to support any past version, and past versions may no longer be accessible or otherwise available for use.
**NOTICES**
Notices to aTomic Laboratory shall be sent to:
aTomic Laboratory
Commonwealth Ave, Boston, MA 02215 USA
Attn: Director
Email: [email protected] (subject line: "PANDORA")
Notices to Licensee shall be sent to the "Administrative Contact" indicated when Licensee applied for this license.