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License Agreement

THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF 
USE, REPRODUCTION, DISTRIBUTION, MODIFICATION AND 
REDISTRIBUTION OF CERTAIN COMPUTER SOFTWARE ORIGINALLY 
RELEASED BY THE NATIONAL MARROW DONOR PROGRAM(R) ("NMDP") AS 
FUNDED BY THE UNITED STATES GOVERNMENT REPRESENTED BY THE 
NATIONAL INSTITUTES OF HEALTH ("NIH"). THE UNITED STATES 
GOVERNMENT, AS REPRESENTED BY NIH, IS AN INTENDED THIRD-PARTY
BENEFICIARY OF ALL SUBSEQUENT DISTRIBUTIONS OR REDISTRIBUTIONS 
OF THE SUBJECT SOFTWARE. ANYONE WHO USES, REPRODUCES, 
DISTRIBUTES, MODIFIES OR REDISTRIBUTES THE SUBJECT SOFTWARE, 
AS DEFINED HEREIN, OR ANY PART THEREOF, IS, BY THAT ACTION, 
ACCEPTING IN FULL THE RESPONSIBILITIES AND OBLIGATIONS 
CONTAINED IN THIS AGREEMENT.
________________________________________________


1. DEFINITIONS

A. "Contributor" means NMDP, as the developer of the Original
   Software, NIH, and any entity that makes a Modification.

B. "Covered Patents" mean patent claims licensable by a
   Contributor that are necessarily infringed by the use
   or sale of its Modification alone or when combined
   with the Subject Software.

C. "Display" means the showing of a copy of the Subject Software,
   either directly or by means of an image, or any other device.

D. "Distribution" means conveyance or transfer of the Subject
   Software, regardless of means, to another.

E. "Larger Work" means computer software that combines Subject
   Software, or portions thereof, with software separate from the
   Subject Software that is not governed by the terms of this
   Agreement.

F. "Modification" means any alteration of, including addition to
   or deletion from, the substance or structure of either
   the Original Software or Subject Software, and includes
   derivative works, as that term is defined in the
   Copyright Statute, 17 USC 101. However, the act of
   including Subject Software as part of a Larger Work does
   not in and of itself constitute a Modification.

G. "Original Software" means the computer software first
   released under this Agreement by NMDP entitled A
   Growable Network Information System (AGNIS),
   including source code, object code and accompanying
   documentation, if any.

H. "Recipient" means anyone who acquires the Subject Software
   under this Agreement, including all Contributors.

I. "Redistribution" means Distribution of the Subject Software
   after a Modification has been made.

J. "Reproduction" means the making of a counterpart, image or
   copy of the Subject Software.

K. "Sale" means the exchange of the Subject Software for money
   or equivalent value.

L. "Subject Software" means the Original Software,
   Modifications, or any respective parts thereof.

M. "Use" means the application or employment of the Subject
   Software for any purpose.


2. GRANT OF RIGHTS

A. Under Non-Patent Rights: Subject to the terms and conditions 
   of this Agreement, each Contributor, with respect to its own 
   contribution to the Subject Software, hereby grants to each 
   Recipient a non-exclusive, world-wide, royalty-free license 
   to engage in the following activities pertaining to the 
   Subject Software:

   1. Use

   2. Distribution

   3. Reproduction

   4. Modification

   5. Redistribution

   6. Display

B. Under Patent Rights: Subject to the terms and conditions of 
   this Agreement, each Contributor, with respect to its own 
   contribution to the Subject Software, hereby grants to each 
   Recipient under Covered Patents a non-exclusive, world-wide, 
   royalty-free license to engage in the following activities 
   pertaining to the Subject Software:

   1. Use

   2. Distribution

   3. Reproduction

   4. Sale

   5. Offer for Sale

C. The rights granted under Paragraph B. also apply to the 
   combination of a Contributor's Modification and the Subject 
   Software if, at the time the Modification is added by the 
   Contributor, the addition of such Modification causes the 
   combination to be covered by the Covered Patents. It does 
   not apply to any other combinations that include a 
   Modification.

D. The rights granted in Paragraphs 2.A. and 2.B., above, allow 
   the Recipient to sublicense those same rights. Such 
   sublicense must be under the same terms and conditions of 
   this Agreement.


3. OBLIGATIONS OF RECIPIENT

A. Distribution or Redistribution of the Subject Software must 
   be made under this Agreement except for additions covered 
   under paragraph 3.H.

   1. Whenever a Recipient distributes or redistributes
      the Subject Software, a copy of this Agreement
      must be included with each copy of the Subject
      Software; and

   2. If Recipient distributes or redistributes the Subject
      Software in any form other than source code,
      Recipient must also make the source code freely
      available, and must provide with each copy of
      the Subject Software information on how to
      obtain the source code in a reasonable manner on
      or through a medium customarily used for software
      exchange.

B. Each Recipient must ensure that the following copyright 
   notice appears prominently in the Subject Software: 

   "Copyright (C) 2007 National Marrow Donor Program. All 
    Rights Reserved."

C. Each Contributor must characterize its alteration of the 
   Subject Software as a Modification and must identify 
   itself as the originator of its Modification in a manner 
   that reasonably allows subsequent Recipients to identify 
   the originator of the Modification. In fulfillment of these 
   requirements, Contributor must include a file 
   (e.g., a change log file) that describes the
   alterations made and the date of the alterations, 
   identifies Contributor as originator of the alterations, 
   and consents to characterization of the alterations as a 
   Modification, for example, by including a statement that the 
   Modification is derived, directly or indirectly, from 
   Original Software provided by NMDP. Once consent is granted, 
   it may not thereafter be revoked.

D. A Contributor may add its own copyright notice to the Subject
   Software. Once a copyright notice has been added to the 
   Subject Software, a Recipient may not remove it without the 
   express permission of the Contributor who added the notice.

E. A Recipient may not make any representation in the Subject 
   Software or in any promotional, advertising or other material 
   that may be construed as an endorsement by NMDP, NIH, or by 
   any prior Recipient of any product or service provided by 
   Recipient, or that may seek to obtain commercial advantage by 
   the fact of NMDP's, NIH's, or a prior Recipient's 
   participation in this Agreement.

F. In an effort to track usage and maintain accurate records of 
   the Subject Software, each Recipient, upon receipt of the 
   Subject Software, is requested to provide NMDP, by e-mail to 
   the NMDP Point of Contact listed in paragraph 5.F., the 
   following information: Organization name, contact 
   information, description of intended use. Recipient's name 
   and personal information shall be used for statistical 
   purposes only. Once a Recipient makes a Modification 
   available, it is requested that the Recipient inform NMDP, 
   by e-mail to the NMDP Point of Contact listed in paragraph 
   5.F., how to access the Modification.

G. Each Contributor represents that its Modification is believed 
   to be Contributor's original creation and does not violate 
   any existing agreements, regulations, statutes or rules, and 
   further that Contributor has sufficient rights to grant the 
   rights conveyed by this Agreement.

H. A Recipient may choose to offer, and to charge a fee for, 
   warranty, support, indemnity and/or liability obligations to 
   one or more other Recipients of the Subject Software. A 
   Recipient may do so, however, only on its own behalf and not 
   on behalf of NMDP, NIH, or any other Recipient. Such a 
   Recipient must make it absolutely clear that any such 
   warranty, support, indemnity and/or liability obligation is 
   offered by that Recipient alone. Further, such Recipient 
   agrees to indemnify NMDP, NIH, and every other Recipient for 
   any liability incurred by them as a result of warranty, 
   support, indemnity and/or liability offered by such Recipient.

I. A Recipient may create a Larger Work by combining Subject 
   Software with separate software not governed by the terms 
   of this Agreement and distribute the Larger Work as a 
   single product. In such case, the Recipient must make sure 
   Subject Software, or portions thereof, included in the 
   Larger Work is subject to this Agreement.

J. Notwithstanding any provisions contained herein, Recipient is 
   hereby put on notice that export of any goods or technical 
   data from the United States may require some form of export 
   license from the United States Government. Failure to obtain 
   necessary export licenses may result in criminal liability 
   under U.S. laws. NMDP and NIH neither represent that a 
   license shall not be required nor that, if required, it 
   shall be issued. Nothing granted herein provides any such 
   export license.


4. DISCLAIMER OF WARRANTIES AND LIABILITIES; WAIVER AND INDEMNIFICATION

A. No Warranty: THE SUBJECT SOFTWARE IS PROVIDED "AS IS" WITHOUT 
   ANY WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR 
   STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT 
   THE SUBJECT SOFTWARE WILL CONFORM TO SPECIFICATIONS, ANY 
   IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A 
   PARTICULAR PURPOSE, OR FREEDOM FROM INFRINGEMENT, ANY 
   WARRANTY THAT THE SUBJECT SOFTWARE WILL BE ERROR FREE, OR 
   ANY WARRANTY THAT DOCUMENTATION, IF PROVIDED, WILL CONFORM 
   TO THE SUBJECT SOFTWARE. THIS AGREEMENT DOES NOT, IN ANY 
   MANNER, CONSTITUTE AN ENDORSEMENT BY NMDP, NIH, OR ANY PRIOR 
   RECIPIENT OF ANY RESULTS, RESULTING DESIGNS, HARDWARE, 
   SOFTWARE PRODUCTS OR ANY OTHER APPLICATIONS RESULTING FROM 
   USE OF THE SUBJECT SOFTWARE.FURTHER, NMDP DISCLAIMS ALL 
   WARRANTIES AND LIABILITIES REGARDING THIRD-PARTY SOFTWARE, 
   IF PRESENT IN THE ORIGINAL SOFTWARE, AND DISTRIBUTES IT 
   "AS IS."

B. Waiver and Indemnity: RECIPIENT AGREES TO WAIVE ANY AND ALL 
   CLAIMS AGAINST NMDP, THE UNITED STATES GOVERNMENT, ITS 
   CONTRACTORS AND SUBCONTRACTORS, AS WELL AS ANY PRIOR 
   RECIPIENT. IF RECIPIENT'S USE OF THE SUBJECT SOFTWARE 
   RESULTS IN ANY LIABILITIES, DEMANDS, DAMAGES, EXPENSES OR 
   LOSSES ARISING FROM SUCH USE, INCLUDING ANY DAMAGES FROM 
   PRODUCTS BASED ON, OR RESULTING FROM, RECIPIENT'S USE OF THE 
   SUBJECT SOFTWARE, RECIPIENT SHALL INDEMNIFY AND HOLD HARMLESS
   NMDP, THE UNITED STATES GOVERNMENT, ITS CONTRACTORS AND
   SUBCONTRACTORS, AS WELL AS ANY PRIOR RECIPIENT, TO THE EXTENT
   PERMITTED BY LAW. RECIPIENT'S SOLE REMEDY FOR ANY SUCH MATTER 
   SHALL BE THE IMMEDIATE, UNILATERAL TERMINATION OF THIS 
   AGREEMENT.


5. GENERAL TERMS

A. Termination: This Agreement and the rights granted hereunder 
   will terminate automatically if a Recipient fails to comply 
   with these terms and conditions, and fails to cure such 
   noncompliance within thirty (30) days of becoming aware of 
   such noncompliance. Upon termination, a Recipient agrees to 
   immediately cease use and distribution of the Subject 
   Software. All sublicenses to the Subject Software properly 
   granted by the breaching Recipient shall survive any such 
   termination of this Agreement.

B. Severability: If any provision of this Agreement is invalid or
   unenforceable under applicable law, it shall not affect the 
   validity or enforceability of the remainder of the terms of 
   this Agreement.

C. Applicable Law: This Agreement shall be subject to United 
   States federal law only for all purposes, including, but 
   not limited to, determining the validity of this Agreement, 
   the meaning of its provisions and the rights, obligations 
   and remedies of the parties.

D. Entire Understanding: This Agreement constitutes the entire
   understanding and agreement of the parties relating to 
   release of the Subject Software and may not be superseded, 
   modified or amended except by further written agreement duly 
   executed by the parties.

E. Binding Authority: By accepting and using the Subject 
   Software under this Agreement, a Recipient affirms its 
   authority to bind the Recipient to all terms and 
   conditions of this Agreement and that that Recipient hereby 
   agrees to all terms and conditions herein.

F. Point of Contact: Any Recipient contact with NMDP is to be 
   directed to the designated representative as follows:  
   agnis@nmdp.org.
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