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Copyright (c) 2011, The Arizona Board of Regents on behalf of | ||
The University of Arizona | ||
Copyright (c) 2011-2017, The Arizona Board of Regents on behalf of The University of Arizona | ||
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All rights reserved. | ||
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Developed by: iPlant Collaborative as a collaboration between | ||
participants at BIO5 at The University of Arizona (the primary hosting | ||
institution), Cold Spring Harbor Laboratory, The University of Texas at | ||
Austin, and individual contributors. Find out more at | ||
http://www.iplantcollaborative.org/. | ||
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Redistribution and use in source and binary forms, with or without | ||
modification, are permitted provided that the following conditions are | ||
met: | ||
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* Redistributions of source code must retain the above copyright | ||
notice, this list of conditions and the following disclaimer. | ||
* Redistributions in binary form must reproduce the above copyright | ||
notice, this list of conditions and the following disclaimer in the | ||
documentation and/or other materials provided with the distribution. | ||
* Neither the name of the iPlant Collaborative, BIO5, The University | ||
of Arizona, Cold Spring Harbor Laboratory, The University of Texas at | ||
Austin, nor the names of other contributors may be used to endorse or | ||
promote products derived from this software without specific prior | ||
written permission. | ||
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS | ||
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED | ||
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A | ||
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT | ||
HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, | ||
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED | ||
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR | ||
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF | ||
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING | ||
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS | ||
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. | ||
Developed by: CyVerse as a collaboration between participants at BIO5 at The University of Arizona (the primary hosting | ||
institution), Cold Spring Harbor Laboratory, The University of Texas at Austin, and individual contributors. Find out | ||
more at http://www.cyverse.org/. | ||
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Redistribution and use in source and binary forms, with or without modification, are permitted provided that the | ||
following conditions are met: | ||
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* Redistributions of source code must retain the above copyright notice, this list of conditions and the following | ||
disclaimer. | ||
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* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following | ||
disclaimer in the documentation and/or other materials provided with the distribution. | ||
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* Neither the name of the CyVerse, BIO5, The University of Arizona, Cold Spring Harbor Laboratory, The University of | ||
Texas at Austin, nor the names of other contributors may be used to endorse or promote products derived from this | ||
software without specific prior written permission. | ||
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, | ||
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE | ||
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, | ||
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR | ||
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, | ||
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF | ||
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. | ||
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Arizona Required Clauses: | ||
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1.1. Arbitration. The parties agree that if a dispute arises between them concerning this Agreement, the parties may be | ||
required to submit the matter to arbitration pursuant to Arizona law. | ||
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1.2. Applicable Law and Venue. This Agreement shall be interpreted pursuant to the laws of the State of Arizona. Any | ||
arbitration or litigation between the Parties shall be conducted in Pima County, ARIZONA, and LICENSEE hereby | ||
submits to venue and jurisdiction in Pima County, ARIZONA. | ||
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1.3. Non-Discrimination. The Parties agree to be bound by state and federal laws and regulations governing equal | ||
opportunity and non-discrimination and immigration. | ||
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1.4. Appropriation of Funds. The Parties recognize that performance by ARIZONA may depend upon appropriation of funds by | ||
the State Legislature of ARIZONA. If the Legislature fails to appropriate the necessary funds, or if ARIZONA’S | ||
appropriation is reduced during the fiscal year, ARIZONA may cancel this Agreement without further duty or | ||
obligation. ARIZONA will notify LICENSEE as soon as reasonably possible after it knows of the loss of funds. | ||
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1.5. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. 38-511 and other conflict of interest | ||
regulations. Within three years of the EFFECTIVE DATE, ARIZONA may cancel this Agreement if any person | ||
significantly involved in initiating, negotiating, drafting, securing, or creating this Agreement for or on behalf | ||
of ARIZONA becomes an employee or consultant in any capacity of LICENSEE with respect to the subject matter of this | ||
Agreement. |