Download Graph Binaries

Seven Bridges End User License Agreement

BPA Aligner – v0.9.1.1, (c) 2018 Seven Bridges Genomics Inc.
SBG-reassembly caller – v0.5.20, (c) 2018 Seven Bridges Genomics Inc.
SBG pan-genome graph – v6, (c) 2018 Seven Bridges Genomics Inc.
(collectively and individually, the “Software”)

This End User License Agreement (“Agreement”) is an agreement between Seven Bridges Genomics Inc. (“Seven Bridges”, “we,” “us”, or “our”) and you or the entity on whose behalf you are entering into this agreement (“you” or “your”) for the Software.

Please read this Agreement carefully. It contains important terms that affect you and your use of the Software. By installing, copying, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not install, copy, or use the Software. If you are accessing or using the Software on behalf of any entity or otherwise in performance for any entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, that acceptance of this Agreement and use of this Software will not violate any agreement you have with such entity, and that such entity agrees to indemnify you and Seven Bridges for violations of this Agreement.

1. License Grant. Subject to the terms of this Agreement, Seven Bridges hereby grants to you, on the condition that you are an Eligible Licensee, a non-exclusive, non-sublicensable, and non-transferable license to download, install, and use the Software in object code form solely for academic or non-commercial research purposes (the “Permitted Purpose”). Commercial use of the Software requires a separately executed written license agreement. Eligible Licensees shall mean (a) non-profit or government entities, or (b) natural persons.

2. Restrictions. Section 1 states the entirety of your rights with respect to the Software, and we reserve all rights not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) distribute, sub-license, rent, sell, export, transfer, convey, convert, provide access to, or otherwise make available the Software, in whole or in part, to any third party; (b) use the Software for any purpose other than the Permitted Purpose, including on or in connection with the internet or any time sharing, service bureau, software as a service, cloud, or any other similar arrangement; (c) reverse engineer, decompile, disassemble, or otherwise attempt to discover or re-create the source code for the Software; (d) modify, correct, service, repair, adapt, enhance, alter, improve, or create any derivative works of the Software; (e) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software; or (f) propose use of the Software in any proposals for, or use the Software with, any projects that aim to describe the genetic characteristics of specific populations, tumors, cells, microbes, or individuals by use of custom-built graphs, unless given prior written permission by Seven Bridges.

3. Intellectual Property. The Software is licensed, not sold, to you. We or our licensors own all right, title, and interest in and to the Software, including all copyright, patent, and other intellectual property or other proprietary rights in the Software. No title to or ownership of the Software or associated intellectual property or proprietary rights are transferred to you by this Agreement. You agree to include appropriate attribution if any results obtained from use of the Software are included any in any publication.

4. Indemnification. You will defend, indemnify, and hold harmless Seven Bridges and its affiliates, independent contractors, service providers, suppliers, partners, resellers, distributors, and consultants, and their respective directors, officers, employees, and agents (collectively, “Company Parties”) from and against any third party claims, suits, or actions and any resulting damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of, or inability to use, the Software; or (b) your violation of any terms of this agreement.

5. Disclaimers. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. SEVEN BRIDGES DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS OR THAT THE SOFTWARE WILL TRANSMIT DATA IN A SECURE MANNER. SEVEN BRIDGES SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE. SEVEN BRIDGES DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATIONS OF ANY KIND THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, ACHIEVE ANY KIND OF INTENDED PURPOSE, BE COMPATIBLE WITH ANY OTHER SOFTWARE OR SYSTEM, OR HAVE ERRORS THAT CAN BE CORRECTED.

6. Limitation of Liability. IN NO EVENT SHALL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination. This Agreement and your right to use the Software will terminate immediately if you fail to comply with any of the terms of this Agreement. You may terminate this Agreement by deleting all copies of the Software in your possession or control. In the event of the termination of this Agreement for any reason: (a) the license granted to you in this Agreement will terminate; (b) you must immediately cease all use of the Software and destroy or erase all copies of the Software in your possession or control; and (c) Sections 3 (Intellectual Property), 4 (Indemnification), 5 (Disclaimers), 6 (Limitation of Liability), 7 (Termination), 8 (Evaluation and Feedback), 9 (Governing Law; Jurisdiction) and 10 (General) will survive such termination.

8. Evaluation and Feedback. You may, at your own risk and expense, provide Seven Bridges with information and feedback (including, without limitation, questions, comments, suggestions, or the like) regarding the performance, features, functionality, and your overall experience using the Software (“Feedback”). We will be free to use any ideas, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including, without limitation, developing, making, marketing, distributing, and selling products and services incorporating such Feedback. In connection therewith, you hereby grant to Seven Bridges an exclusive, royalty free, irrevocable, perpetual worldwide right and license to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute any such Feedback without limitation. We will have no obligation to consider, use, return, or preserve any Feedback you provide to us. Any Feedback you provide to us may or may not be treated confidentially by us, and we will have no obligation or liability to you for the use or disclosure of any Feedback. You should not expect to receive any compensation of any kind from us with respect to your Feedback.

9. Governing Law; Jurisdiction. Unless expressly prohibited by local law, this Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to any conflict of law principles to the contrary. You hereby irrevocably consent to jurisdiction of the state and federal courts located in Suffolk County with respect to any proceeding regarding this Agreement or the Software. The 1980 UN Convention for the International Sale of Goods or any successor thereto does not apply to this Agreement. You will not prosecution any action, suit, proceeding, or claim arising under or by reason of this Agreement or the Software except in such courts.

10. General.
(a) Legal Compliance; Export Restrictions. You represent and warrant that (i) you are not located in a country that is subject to a United States embargo, or that has been designated by the United States government as a “terrorist supporting” country; and (ii) you are not listed on any United States government list of prohibited or restricted parties. The Software and related technology are subject to applicable United States export laws and regulations. You must comply with all applicable laws and regulations, including without limitation all applicable United States and international export laws and regulations, with respect to the Software and related technology. Without limitation, you may not export, re-export or otherwise transfer the Software or related technology, without a United States government license: (i) to any person or entity on any United States export control list; (ii) to any country subject to a United States sanctions; or (iii) for any prohibited end use.
(b) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect, and the remaining provisions will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force.
(c) Assignment. You may not assign or otherwise transfer this Agreement, or assign, sublicense or otherwise transfer any of your rights under this Agreement without the prior written consent of Seven Bridges, and any attempted assignment without such consent will be void.
(d) Entire Agreement. This Agreement sets forth our entire agreement with respect to the Software and supersedes all prior and contemporaneous understandings and agreements with respect to the Software whether written or oral.