THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS LICENSE. THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
https://ncihub.cancer.govACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR (YOU) GRANTS https://ncihub.cancer.gov THE RIGHTS CONTAINED HERE IN CONSIDERATION OF https://ncihub.cancer.gov'S ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
- "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
- "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
- "Licensor" means the individual or entity that offers the Work under the terms of this License.
- "Original Author" means the individual or entity who created the Work.
- "Work" means the copyrightable work of authorship offered under the terms of this License.
- License Grant
Subject to the terms and conditions of this License, Licensor hereby grants https://ncihub.cancer.gov a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
- to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
- to create and reproduce Derivative Works;
- to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
- to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
- Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR AND https://ncihub.cancer.gov BOTH OFFER THE WORK AS-IS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY IN ALL SITUATIONS.
- Limitation on Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR HOLD https://ncihub.cancer.gov LIABLE ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR AND/OR https://ncihub.cancer.gov HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- This License and the rights granted hereunder will terminate automatically upon any breach by https://ncihub.cancer.gov of the terms of this License. Individuals or entities who have received Collective Works or Derivative Works from https://ncihub.cancer.gov under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 3, 4, 5, and 6 will survive any termination of this License.
- Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
- Each time https://ncihub.cancer.gov distributes or publicly digitally performs the Work, a Collective Work, or a Derivative Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to https://ncihub.cancer.gov under this License.
- If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
- No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
- This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Neither Licensor nor https://ncihub.cancer.gov shall be bound by any additional provisions that may appear in any communication between the parties. This License may not be modified without the mutual written agreement of the Licensor and https://ncihub.cancer.gov.
- This License shall be governed by and construed in accordance with the substantive law (and not the law of conflicts) of the State of Indiana and applicable U.S. federal law. Courts of competent authority located in Tippecanoe County, Indiana shall have sole and exclusive jurisdiction of any action arising out of or in connection with the License, and such courts shall be the sole and exclusive venue for any such action.