POWER V3.0 Software License Agreement

POWER V3.0 NON-PROPRIETARY SOFTWARE TRANSFER AGREEMENT

Provider: National Institutes of Health (NIH), National Cancer Institute (hereinafter "NCI")

By accepting Software, Recipient agrees to the terms of this Agreement.

The Software transferred under this agreement was created by Federal Government employees in the course of official duties. Transfer of Software to Recipient does not constitute endorsement by the NCI of the Recipient or any product, service or company and no endorsement should be inferred. SOFTWARE IS NOT INTENDED FOR TREATING OR DIAGNOSING HUMAN SUBJECTS.

Software is supplied AS IS, without any accompanying services or improvements from NIH. SOFTWARE IS SUPPLIED TO RECIPIENT WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NCI makes no representations that the use of Software will not infringe any patent or proprietary rights of third parties.

All risk as to quality and performance of Software is with Recipient. In no event will the United States Government or NCI be liable to Recipient for damages arising out of the use or inability to use Software, including but not limited to loss of data or data being rendered inaccurate or losses sustained by Recipient or third parties.

Recipient will send to Provider general reports regarding the application of the Software and the effectiveness and problems encountered in using the Software, without disclosing Recipient's confidential information. Information from general reports may be used by the Provider to enhance the capabilities of the Software. Reports should be forwarded to the Provider at the address given below:

Ms. Holly Brown (Brownh@exchange.nih.gov)

This Software has been developed using the True DBGrid component which is developed and published by ComponentOne LLC. Recipient of this Software is not licensed to use True DBGrid for development, and may not redistribute any of the included control files.