GIBBS-SAMPLER for Academic Users:

Gibbs-Sampler Software is provided at no charge as a service to the academic research community for noncommercial, nonprofit internal research use. If you are an academic researcher – simply send an email to gibbsamp@wadsworth.org which acknowledges you are an academic researcher requesting use of Gibbs-Sampler for noncommercial, nonprofit internal research purposes, and you read and understood the terms of the GIBBS-SAMPLER SOFTWARE LICENSE AGREEMENT FOR ACADEMIC USERS posted below. Please include your name, title, research institution, address, phone and research field. We will promptly evaluate requests and send notification to legitimate academic researchers that they are an ACCEPTED ACADEMIC USER for GIBBS-SAMPLER by providing information to allow access to the software. Thank you for your interest in Gibbs-Sampler Software.

GIBBS-SAMPLER SOFTWARE LICENSE AGREEMENT FOR ACADEMIC USERS:

This agreement is made by and between Health Research, Inc. at One University Place, Rensselaer, NY 12144-3455, hereinafter referred to as "LICENSOR," and an ACCEPTED ACADEMIC USER for GIBBS-SAMPLER, hereinafter referred to as "LICENSEE."

WHEREAS, LICENSOR has developed a proprietary computer program entitled, "GIBBS-SAMPLER SOFTWARE" (hereinafter referred to as "PROGRAM"); and LICENSEE desires to obtain and LICENSOR desires to grant a license to use the PROGRAM named above for noncommercial, nonprofit internal research purposes only.

NOW, THEREFORE, in consideration of the promises and covenants herein contained, the parties agree as follows:

I. LICENSE

Upon LICENSEE’s designation by LICENSOR as an ACCEPTED ACADEMIC USER for GIBBS-SAMPLER, LICENSEE shall hereby receive a non-exclusive, nontransferable right to use the PROGRAM furnished by LICENSOR subject to the terms and conditions of this License.

II. LIMITATION OF LICENSE AND RESTRICTIONS

LICENSEE agrees to restrict access and use of PROGRAM to members of its academic research group at its institution.

LICENSEE agrees to restrict use of PROGRAM to noncommercial, nonprofit internal research purposes only.

LICENSEE shall not use, print, copy, translate or display the PROGRAM, in whole or in part, unless expressly authorized by Licensor.

LICENSEE agrees that it shall use the PROGRAM only for LICENSEE's sole and exclusive use, and shall not disclose, sell, assign, license, or otherwise distribute the PROGRAM to any third party without the prior written consent of LICENSOR.

LICENSEE agrees to secure and protect the PROGRAM and any copies in a manner consistent with the Maintenance of LICENSOR's rights in the PROGRAM and to take appropriate action by instruction or agreement with its employees who are permitted access to the PROGRAM in order to satisfy LICENSEE's obligations under this License.

Any modification to the program made by LICENSEE shall be considered part of the PROGRAM.

Except as required under section IV of this LICENSE, LICENSEE shall not use the name or names of Health Research, Inc. the Wadsworth Center, the New York State Department of Health or the State of New York, or any adaptation, abbreviation or derivative of any of them, whether oral or written, without the prior written permission of HRI.

III. TITLE AND OWNERSHIP

Sole title and ownership rights in the PROGRAM shall remain with LICENSOR.

LICENSEE acknowledges LICENSOR'S proprietary rights in the PROGRAM and agrees to reproduce all copyright notices supplied by LICENSOR on all copies of the PROGRAM.

LICENSEE will acknowledge the program authors on any publication of scientific results based in part on use of the program and cite the articles in which the program was described:
For data involving protein sequences,
Detecting subtle sequence signals: A Gibbs sampling strategy for multiple alignment. Lawrence, C. Altschul, S. Boguski, M. Liu, J. Neuwald, A. and Wootton, J. Science, 262:208-214, 1993.
and
Bayesian models for multiple local sequence alignment and Gibbs sampling strategies, Liu, JS. Neuwald, AF. and Lawrence, CE. J. Amer Stat. Assoc. 90:1156-1170, 1995.
For data involving nucleotide sequences,
Gibbs Recursive Sampler: finding transcription factor binding sites. W. Thompson, E. C. Rouchka and C. E. Lawrence, Nucleic Acids Research, 2003, Vol. 31, No. 13 3580-3585.

LICENSOR warrants that to the best of its knowledge, PROGRAM does not infringe upon or violate any patent, copyright, trade secret or any other proprietary right of any third party.

IV. DISCLAIMER OF WARRANTY

THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,

EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS

CONTAINED IN THE PROGRAM WILL MEET LICENSEE'S REQUIREMENTS OR

THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE.

LICENSEE fully indemnifies LICENSOR so that LICENSOR shall not be liable for special, indirect, incidental, or consequential damages, even if it has been or is hereafter advised of the possibility of such damages, from LICENSEE's use of, or inability to use the PROGRAM.

V. MISCELLANEOUS

Licensee may cancel this agreement at any time by giving Licensor 30 calendar days prior notice. Within 15 calendar days of reciept of such notification LICENSEE shall either destroy or return to LICENSOR all versions of PROGRAM and any associated documentation. Termination of this agreement for any reason whatsoever shall not excuse LICENSEE from obligations set forth in Articles II, III, IV and V herein which shall survive this agreement.

This License shall be construed in accordance with the laws of the State of New York.

This license represents the complete and final statements between LICENSOR and LICENSEE and supersedes all prior agreements, proposals, representations and other communications between them with respect to use of the PROGRAM. This License may be modified only with the mutual written approval of an authorized representative of LICENSEE and LICENSOR.

LICENSEE agrees if any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement will be valid and enforceable to the maximum extent possible. The waiver or failure of LICENSOR to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. Duplication or resale of the PROGRAM without prior authorization is prohibited.

This Agreement shall be deemed accepted upon LICENSEE’s designation by LICENSOR as an ACCEPTED ACADEMIC USER for GIBBS-SAMPLER in response to notification which acknowledges Agreement was read and understood by LICENSEE.

Please indicate you have read and understood Terms of the Gibbs-Sampler Academic License and provide the following information to gibbsamp@wadsworth.org

Name:

Title:

Institution:

Address:

Phone:

Fax:

Research Field

IMPORTANT: Use of Gibbs-Sampler Software Program under the GIBBS-SAMPLER SOFTWARE LICENSE AGREEMENT FOR ACADEMIC USERS is restricted to non-commercial internal research use only. Permission for any COMMERCIAL use or purpose requires a separate COMMERCIAL LICENSE which may be downloaded herein or requested by emailing gibbsamp@wadsworth.org or contacting Health Research Inc., Department of Technology Transfer, One University Place, Rensselaer, NY 12144-3455