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Terms of Use Agreement for Health Disparities Calculator Software

Thank you for your interest in using the Health Disparities Calculator (HD*Calc) statistical software to generate multiple summary measures to evaluate and monitor health disparities. HD*Calc uses SEER data or other population based health data to calculate absolute and relative disparity measures. 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": HD*Calc, a statistical software program developed by IMS, Inc. under contract for the NCI

The Provider and Recipient agree as follows:

1. 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.
2. If Recipient desires to sell its own commercial software that incorporates the Software or use Software for commercial purposes or applications (including consulting), Recipient will contact the NCI Technology Transfer Center (attention: Technology Transfer Manager for the NCI Division of Cancer Control and Population Sciences) at ncitechtransfer@mail.nih.gov.
3. 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.
4. 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 at http://seer.cancer.gov/hdcalc/.
5. 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.
6. 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 agrees not to describe statistical calculations conducted in the absence of HD*Calc as if they had been calculated by HD*Calc.
7. Recipient represents and warrants that the Official accepting this Agreement is authorized to do so.