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LICENSE
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SWIFT BIOSCIENCES OPEN SOURCE SOFTWARE LICENSE
This Swift Biosciences Open Source Software License (“License”) is between you (“User”) and
Swift Biosciences, Inc. (“Swift”) for Swift’s 16S SNAPP software for analyzing Swift’s 16S data
generated with Swift Normalase® Amplicon Panels (SNAP) and Swift Amplicon® Panels.
The License is a free, copyleft license for software and other kinds of works, specifically designed
to ensure cooperation, including in the case of network server software. This License is intended
to guarantee User’s freedom to share and change all versions of our Program.
This License states the complete agreement between User and Swift for the Program. User agrees
to carefully read this License, and any other terms and conditions, user guide or documents
provided in connection with this License before installing, accessing or using the Program.
By downloading and/or installing the Program, User agrees to the valid and binding terms
of this Agreement. User may print a copy of this Agreement. For clarity, by installing, accessing
or otherwise using the Program, User acknowledges that it has read and agrees to be bound by this
Agreement. If User is not willing to be bound by this Agreement, then User must not install,
access or use the Program.
The precise terms and conditions for copying, distribution and modification follow.
TERMS AND CONDITIONS
1. Definitions.
1.1 "Additional permissions" are terms that supplement the terms of this License by
making exceptions from one or more of its conditions. Additional permissions that are applicable
to the entire Program shall be treated as though they were included in this License, to the extent
that they are valid under applicable law. If additional permissions apply only to part of
the Program, that part may be used separately under those permissions, but the entire Program remains
governed by this License without regard to the additional permissions.
1.2 An interactive user interface displays "Appropriate Legal Notices" to the extent that
it includes a convenient and prominently visible feature that (1) displays an appropriate copyright
notice, and (2) tells the user that there is no warranty for the work (except to the extent that
warranties are provided), that licensees may convey the work under this License, and how to view
a copy of this License. If the interface presents a list of user commands or options, such as a menu,
a prominent item in the list meets this criterion.
1.3 To "convey" a work means any kind of propagation that enables other parties to
make or receive copies. Mere interaction with a user through a computer network, with no transfer
of a copy, is not conveying.
1.4 The "Corresponding Source" for a work in Object Code form means all the Source
Code needed to generate, install, and (for an executable work) run the Object Code and to modify
the work, including scripts to control those activities. However, it does not include the work's
System Libraries, or general-purpose tools or generally available free programs which are used
unmodified in performing those activities but which are not part of the work. For example,
Corresponding Source includes interface definition files associated with source files for the work,
and the Source Code for shared libraries and dynamically linked subprograms that the work is
specifically designed to require, such as by intimate data communication or control flow between
those subprograms and other parts of the work. The Corresponding Source need not include
anything that users can regenerate automatically from other parts of the Corresponding Source.
The Corresponding Source for a work in Source Code form is that same work.
1.5 "Covered Work" means either the unmodified Program or a work based on the Program.
1.6 A "Major Component", in this context, means a major essential Component (kernel,
window system, and so on) of the specific operating system (if any) on which the executable work
runs, or a compiler used to produce the work, or an Object Code interpreter used to run it.
1.7 "Modify" means to copy from or adapt all or parts of the work in a fashion requiring
copyright permission, other than the making of an exact copy. The resulting work is called a
"Modified Version" of the earlier work or a work "based on" the earlier work.
1.8 The “Program" refers to Swift’s 16S SNAPP software for analyzing Swift’s 16S
data generated with Swift Normalase® Amplicon Panels (SNAP) and Swift Amplicon® Panels.
1.9 To "propagate" a work means to do anything with it that, without permission, would
make User directly or secondarily liable for infringement under applicable copyright law, except
executing it on a computer or modifying a private copy. Propagation includes copying, distribution
(with or without modification), making available to the public, and in some countries other
activities as well.
1.10 The "Source Code" for a work means the preferred form of the work for making
modifications to it. "Object Code" means any non-source form of a work.
1.11 The “Swift GitHub Repository” is located at https://github.com/swiftbiosciences/16S-SNAPP.
1.12 The "System Libraries" of an executable work include anything, other than the
work as a whole, that (a) is included in the normal form of packaging a Major Component, but
which is not part of that Major Component, and (b) serves only to enable use of the work with that
Major Component, or to implement a standard interface for which an implementation is available
to the public in Source Code form. A standard interface means an interface that either is an official
standard defined by a recognized standards body, or, in the case of interfaces specified for a
particular programming language, one that is widely used among developers working in that language.
2. License Granted.
All rights Granted under this License are granted for the term of copyright on the Program, and are
irrevocable provided the terms and conditions of this License are met. This License explicitly
affirms User’s unlimited permission to run the unmodified Program. The output from running a
Covered Work is covered by this License only if the output, given its content, constitutes a Covered
Work. This License acknowledges User’s rights of fair use or other equivalent, as provided by
copyright law.
User may make, run and propagate Covered Works, without conditions, that User does not convey,
so long as this License otherwise remains in force. User may convey Covered Works to others for
the sole purpose of having them make modifications exclusively for User, or provide User with
facilities for running those works, provided that User complies with the terms of this License in
conveying all material for which User does not control copyright. Therefore, those making or
running the Covered Works for User must do so exclusively on User’s behalf, under User’s
direction and control, on terms that prohibit them from making any copies of User’s copyrighted
material outside of their relationship with User.
Conveying under any other circumstances is permitted solely under the conditions stated below.
3. Protecting Users' Legal Rights From Anti-Circumvention Law.
No Covered Work shall be deemed part of an effective technological measure under any applicable
law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December
1996, or similar laws prohibiting or restricting circumvention of such measures. When User
conveys a Covered Work, User waives any legal power to forbid circumvention of technological
measures to the extent such circumvention is effected by exercising rights under this License with
respect to the Covered Work, and User disclaims any intention to limit operation or modification
of the work as a means of enforcing, against the work's users, User’s or third parties' legal rights
to forbid circumvention of technological measures.
4. Conveying Exact Copies.
Userer may convey exact copies of the Program's Source Code as User receives it, in any medium,
provided that User:
(a) conspicuously and appropriately publishes on each copy the following copyright
notice:
This 16S SNAPP software is for analyzing Swift’s 16S data generated with Swift Normalase®
Amplicon Panels (SNAP) and Swift Amplicon® Panels.
Copyright (C) 2020 Swift Biosciences, Inc. This program is free software: you can redistribute
it and/or modify it under the terms of the Swift Biosciences Open Source License as published
by Swift Biosciences, Inc.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY;
WITHOUT EVEN THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
See the Swift Open Source License for more details. You should have received a copy of
the Swift Open Source License along with this program. If not, see
https://github.com/swiftbiosciences/16S-SNAPP/blob/master/LICENSE Or contact Swift by mail
at 674 S. Wagner Road, Ann Arbor MI 48103, USA; or by email at [email protected];
(b) keeps intact all notices stating that this License and any non-permissive terms added
in accord with Section 7 apply to the code;
(c) keeps intact all notices of the absence of any warranty; and
(d) gives all recipients a copy of this License along with the Program.
User may charge any price or no price for each copy that it conveys, and User may offer
support or warranty protection for a fee.
5. Conveying Modified Source Versions.
5.1 User may convey a work based on the Program, or the modifications to produce it
from the Program in the form of Source Code under the terms of Section 4, provided that the
following conditions are met:
(a) Therefore work must be uploaded to the Swift GitHub Repository;
(b) The work mustt carry prominent notices stating that User modified it, and giving a
relevant date;
(c) The work must carry prominent notices stating that it is relevantased under this License
and any conditions added under Section 7, which modifies the requirement in
Section 4 to "keep intact all notices";
(d) User must license the entire work, as a whole, under this License to anyone who
comes into possession of a copy. This License will therefore apply, along with any
applicable Section 7 additional terms, to the whole of the work, and all its parts,
regardless of how they are packaged. This License gives no permission to license
the work in any other way, but it does not invalidate such permission if User
separately received it; and
(e) Each user interfaces must display Appropriate Legal Notices.
5.2 An “aggregate” is a compilation of a Covered Work withh other separate and
independent works, which are not by their nature extensions of the Covered Work and not
combined with it such as to form a larger program, in or on a volume of a storage or distribution
medium; such a compilation shall be an aggregate only if the compilation and its resulting
copyright are not used to limit the access or legal rights of the compilation's users beyond what the
individual works permit. Inclusion of a Covered Work in an aggregate does not cause this License
to apply to the other parts of the aggregate.
6. Conveying Non-Source Forms.
User may convey a Covered Work in Object Code Formsrm under the terms of Sections 4 and 5,
provided that it also conveys the machine-readable Corresponding Source under the terms of this
License to the Swift GitHub Repository.
A separable portion of the Object Code, whose Source Code is excluded from the Corresponding
Source as a System Library, need not be included in conveying the Object Code work.
7. Additional Terms.
When User conveys a copy of a Covered Work, User may remove any additional permissions
from that copy, or from any part of it. (Additional permissions may be written to require their own
removal in certain cases when User modifies the work.) User may place additional permissions
on material, added by User to a Covered Work, for which User has or can give appropriate
copyright permission. Notwithstanding any other provision of this License, for material User adds
to a Covered Work, User may (if authorized by the copyright holders of that material) supplement
the terms of this License with terms:
(a) Disclaiming warrantyy or limiting liability differently from the terms of Sections 14
and 15 of this License;
(b) Requiring preservation of specified reasonable legal noticeses or author attributions
in that material or in the Appropriate Legal Notices displayed by works containing it;
(c) Prohibiting misrepresentation of the origin of that material, or requiring that
modified versions of such material be marked in reasonable ways as different from
the original version;
(d) Limiting the use for publicity purposes of names of licensors or authors of the material;
(e) Declining to grant rights under trademark law for use of some trademark names,
trademarks, or service marks; or
(f) Requiring indemnification of licensors and authors of that material by anyone who
conveys the material (or modified versions of it) with contractual assumptions of
liability to the recipient, for any liability that these contractual assumptions directly
impose on those licensors and authors.
All other non-permissive additional terms are considered "further restrictions" within the meaning
of Section 10. If the Program as User received it, or any part of it, contains a notice stating that it
is governed by this License along with a term that is a further restriction, User may remove that
term. If a license document contains a further restriction but permits relicensing or conveying
under this License, User may add to a Covered Work material governed by the terms of that license
document, provided that the further restriction does not survive such relicensing or conveying.
If User adds terms to a Covered Work in accord with this Section, User must place, in the relevant
source files, a statement of the additional terms that apply to those files, or a notice indicating
where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the form of a separately written
license, or stated as exceptions; the above requirements apply either way.
8. Termination.
8.1 User may not propagate or modify a Covered Work except as expressly
provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically
terminate User’s rights under this License (including any patent licenses granted under the third
paragraph of Section 9). Termination of User’s rights under this Section does not terminate the
licenses of parties who have received copies or rights from User under this License. If User’s
rights have been terminated and not permanently reinstated, User does not qualify to receive new
licenses for the same material under Section 9.
8.2 If User ceases all violation of this License, then User’s Licensee from Swift is
reinstated (a) provisionally, unless and until Swift explicitly terminates User’s license, and (b)
permanently, if Swift fails to notify User of the violation by some reasonable means, including but
not limited to by e-mail, prior to sixty (60) days after the cessation. Moreover, User’s license from
Swift is reinstated permanently if Swift notifies User of the violation by some reasonable means,
this is the first time User received notice of violation of this License (for any work) from Swift,
and User cures the violation prior to thirty (30) days after receipt of the notice.
9. Automatic Licensing of Downstream Recipients.
Each time User conveys a Covered Work, the recipient automatically receives a license from Swift
to run, modify and propagate that work, subject to this License. User is not responsible for
enforcing compliance by third parties with this License.
An "entity transaction" is a transaction transferring control of an organization, or substantially
all assets of one, or subdividing an organization, or merging organizations. If an entity transaction
causes the propagation of a Covered Work, each party to that transaction who receives a copy of
the work also receives whatever licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the Corresponding Source of the
work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
User may not impose any further restrictions on the exercise of the rights granted or affirmed under
this License. For example, User may not impose a license fee, royalty, or other charge for exercise
of rights granted under this License, and User may not initiate litigation (including a cross-claim
or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling,
offering for sale, or importing the Program or any portion of it.
10. Patents.
A "contributor" is a copyright holder who authorizeds use under this License of the Program or
a work on which the Program is based. The work thus licensed is called the contributor's
"contributor version".
A contributor's "essential patent claims" are all patent claims owned or controlled by the
contributor, whether already acquired or hereafter acquired, that would be infringed by some
manner, permitted by this License, of making, using, or selling its contributor version, but do not
include claims that would be infringed only as a consequence of further modification of the
contributor version. For purposes of this definition, "control" includes the right to grant patent
sublicenses in a manner consistent with the requirements of this License.
Each contributor grants User a non-exclusive, worldwide, royalty-free patent license under
the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run,
modify and propagate the contents of its contributor version. In the following three paragraphs, a
"patent license" is any express agreement or commitment, however denominated, not to enforce a
patent (such as an express permission to practice a patent or covenant not to sue for patent
infringement). To "grant" such a patent license to a party means to make such an agreement or
commitment not to enforce a patent against the party.
If User conveys a Covered Work, knowingly relying on a patent license, and the Corresponding
Source of the work is not available for anyone to copy, free of charge and under the terms of this
License, through a publicly available network server or other readily accessible means, then User
must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive User
of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent
with the requirements of this License, to extend the patent license to downstream recipients.
"Knowingly relying" means User has actual knowledge that, but for the patent license, User
conveying the Covered Work in a country, or User’s recipient's use of the Covered Work
in a country, would infringe one or more identifiable patents in that country that User has reason
to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, User conveys, or
propagate by procuring conveyance of, a Covered Work, and grant a patent license to some of the
parties receiving the Covered Work authorizing them to use, propagate, modify or convey a
specific copy of the Covered Work, then the patent license User grants is automatically extended
to all recipients of the Covered Work and works based on it.
A patent license is "discriminatory" if it does not include within the scope of its coverage, prohibits
the exercise of, or is conditioned on the non-exercise of one or more of the rights that are
specifically granted under this License. User may not convey a Covered Work if User is a party
to an arrangement with a third party that is in the business of distributing software, under which
user makes payment to the third party based on the extent of User’s activity of conveying the work,
and under which the third party grants, to any of the parties who would receive the Covered Work
from User, a discriminatory patent license (a) in connection with copies of the Covered Work
conveyed by User (or copies made from those copies), or (b) primarily for and in connection with
specific products or compilations that contain the Covered Work, unless User entered into
that arrangement, or that patent license was granted, prior to 28 March 2007. Nothing in this License
shall be construed as excluding or limiting any implied license or other defenses to infringement
that may otherwise be available to User under applicable patent law.
11. No Surrender of Others' Freedom.
If conditions are imposed on user (whether by court order, agreement or otherwise) that contradict
the conditions of this License, they do not excuse User from the conditions of this License. If User
cannot convey a Covered Work so as to satisfy simultaneously User’s obligations under this
License and any other pertinent obligations, then as a consequence User may not convey it at all.
For example, if User agrees to terms that obligate User to collect a royalty for further conveying
from those to whom User conveys the Program, the only way User could satisfy both those terms
and this License would be to refrain entirely from conveying the Program.
12. Remote Network Interaction; Use with the GNU General Public License.
Notwithstanding any other provision of this License, if User modifies the Program, and users can
interact with the modified program remotely through a computer network User must license it
under and comply with all aspects of this Agreement with respect to such modified program,
including providing Swift and others an opportunity to receive the Corresponding Source of User’s
version by providing access to the Corresponding Source through the Swift GitHub Repository at
no charge. This Corresponding Source shall include the Corresponding Source for any work
covered by version 3 of the GNU General Public License that is incorporated pursuant to the
following paragraph.
Notwithstanding any other provision of this License, User has permission to link or combine any
covered work with a work licensed under version 3 of the GNU General Public License into a
single combined work, and to convey the resulting work. The terms of this License will continue
to apply to the part which is the covered work, but the work with which it is combined will remain
governed by version 3 of the GNU General Public License.
13. Disclaimingsclaimer of Warranty. THERE IS NO WARRANTY FOR THE PROGRAM, TO THE
EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING SWIFT AND/OR
OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED
OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE PROGRAM IS BORNE BY USER. SHOULD THE PROGRAM PROVE DEFECTIVE, USER SHALL ASSUME THE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
14. Limitation of Liability. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED
TO IN WRITING WILL SWIFT, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS
PERMITTED ABOVE, BE LIABLE TO USER FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT
NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY USER
OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF
SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Interpretation of Sections 13 and 14. Interpretationf the disclaimer of warranty and
limitation of liability provided above cannot be given local legal effect according to their
terms, reviewing courts shall apply local law that most closely approximates an absolute waiver
of all civil liability in connection with the Program, unless a warranty or assumption of
liability accompanies a copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS