Patented Algorithm with Software Release Agreement
This Agreement, effective as of September 1, 2012 is between the Massachusetts Institute of Technology ("MIT"), a
non-profit institution of higher education, and you (“YOU”).
WHEREAS, M.I.T. has developed certain software and technology pertaining to M.I.T. Case No. 15698, "Eulerian Video
Magnification for Revealing Subtle Changes in the World", by Frederic (Fredo) Durand, William T. Freeman, John V.
Guttag, Michael Rubinstein, Eugene Inghaw Shih and Hao-Yu Wu (“PROGRAM”); and
WHEREAS, M.I.T. is a joint owner of certain right, title and interest to a patent application pertaining to the technology
associated with M.I.T. Case No. 15698, "Eulerian Video Magnification for Revealing Subtle Changes in the World", by
Frederic (Fredo) Durand, William T. Freeman, John V. Guttag, Michael Rubinstein, Eugene Inghaw Shih and Hao-Yu
Wu," (“FILED PATENT INVENTION"); and
WHEREAS, M.I.T. desires to aid the academic and non-commercial research community and raise awareness of the
FILED PATENT INVENTION and thereby agrees to grant a limited copyright license to the PROGRAM for research and
non-commercial purposes only, with M.I.T. retaining all ownership rights in the FILED PATENT INVENTION and in the
PROGRAM; and
WHEREAS, M.I.T. agrees to make the downloadable software and documentation, if any, available to YOU without
charge for non-commercial research purposes, subject to the following terms and conditions.
THEREFORE:
1. Grant.
(a) Subject to the terms of this Agreement, M.I.T. hereby grants YOU a royalty-free, non-transferable, non-exclusive
worldwide license under the copyright to use, reproduce, modify, publicly display and perform the PROGRAM
solely for non-commercial research and/or academic testing purposes.
(b) MIT hereby agrees that it will not assert its rights in the FILED PATENT INVENTION against YOU provided that
YOU comply with the terms of this agreement.
(c) In order to obtain any further license rights, including the right to use the PROGRAM or PATENTED
INVENTION for commercial purposes, YOU must enter into an appropriate license agreement with M.I.T.
2. Disclaimer. THE PROGRAM MADE AVAILABLE HEREUNDER IS "AS IS", WITHOUT WARRANTY OF ANY
KIND EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOR REPRESENTATION THAT THE
PROGRAM DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. MIT has no
obligation to assist in your installation or use of the PROGRAM or to provide services or maintenance of any type with
respect to the PROGRAM. The entire risk as to the quality and performance of the PROGRAM is borne by YOU. YOU
acknowledge that the PROGRAM may contain errors or bugs. YOU must determine whether the PROGRAM
sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of this Agreement.
3. No Consequential Damages; Indemnification. IN NO EVENT SHALL MIT BE LIABLE TO YOU FOR ANY LOST
PROFITS OR OTHER INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.
4. Copyright. YOU agree to retain M.I.T.'s copyright notice on all copies of the PROGRAM or portions thereof.
5. Term. The Term of this Agreement shall be ten years from the date YOU accept the terms of this license.
6. Export Control. YOU agree to comply with all United States export control laws and regulations controlling the
export of the PROGRAM, including, without limitation, all Export Administration Regulations of the United States
Department of Commerce. Among other things, these laws and regulations prohibit, or require a license for, the export
of certain types of software to specified countries.
7. Notices or Additional Licenses. Any notice, communication or commercial license requests shall be directed to:
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