After you have downloaded and installed SEER*Stat for the first time, the software can be configured to automatically upgrade with each SEER*Stat release, or to delay the update for a couple weeks after the release. See Auto-updating in SEER*Stat for more information.
Thank you for your interest in using the SEER*Stat software. SEER*Stat provides a convenient, intuitive mechanism for the analysis of SEER and other cancer-related databases.
Please review the following terms carefully.
"Provider": the National Cancer Institute
"Recipient": the party who receives software materials from the Provider under this agreement
"Software": SEER*Stat, a statistical software program developed by IMS, Inc. under contract for the NCI
The Provider and Recipient agree as follows:
- Recipient will not license or sell or use Software for commercial purposes or applications (including consulting) for which a commercialization license would be required. Recipient's investigator shall retain control over Software and further will not transfer the Software to third parties. The Recipient agrees to not attempt to reverse engineer the Software. Recipient agrees to comply with all Federal regulations applicable to research projects and handling of research materials. Software will not be used by Recipient as an agent, device, or instrument of treatment or intervention in research with human subjects where such use would require the approval of an Institutional Review Board. The Recipient agrees to not use the Software for diagnostic purposes in human subjects.
- Title in the Software shall remain with the Provider. It is understood that nothing herein shall be deemed to constitute, by implication or otherwise, the grant to either Party by the other of any license or other rights under any patent, patent application or other intellectual property right or interest. Provider reserves the right to distribute Software to others and to use it for Provider's own purposes.
- Recipient agrees that any of its publications or presentations utilizing this Software will include appropriate acknowledgement of Provider's contribution of the Software and will include the citation found under the Software's Help menu.
- The Provider and Recipient each shall retain, subject to applicable laws, title to any patent, copyright, trademark, or other intellectual property of their respective employees developed or created using the Software. Neither Provider nor Recipient promise rights in advance for inventions developed under this Agreement. If the Recipient creates an invention containing the Software ("Recipient Invention") and wishes to patent the Recipient Invention, Recipient agrees to notify the Provider of the Recipient Invention prior to seeking patent protection and to work in good faith with the Provider to determine the inventive contributions of the Recipient and Provider. In the event the Recipient wishes to distribute a Recipient Invention to third parties, the Recipient will ensure that the third party is advised of the presence of the Software and of the Provider's rights therein.
- Software is supplied AS IS, without any accompanying services or improvements from Provider. SOFTWARE IS SUPPLIED TO RECIPIENT WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Provider makes no representations that the use of Software will not infringe any patent or proprietary rights of third parties. Provider does not endorse the results of any analyses derived from the software's use, and the Recipient agrees not to claim endorsement of such results and analyses by the Provider or the United States Government.
- Recipient represents and warrants that the Official accepting this Agreement is authorized to do so.
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