LICENSE

Janelia Open-Source Hardware Designs (commercial or non-commercial)


By downloading, using and/or viewing these designs, documentation and related data and information, and all content in the foregoing (collectively, the “Designs”), you agree to the following:

You may use, copy, modify, display and distribute the Designs for any purpose, excluding any diagnostic, clinical, therapeutic or other medical use.

THE DESIGNS ARE PROTOTYPES AND ARE EXPERIMENTAL IN NATURE AND SHOULD BE USED WITH PRUDENCE AND APPROPRIATE CAUTION, AS NOT ALL OF THE CHARACTERISTICS ARE KNOWN. THE DESIGNS ARE PROVIDED “AS-IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, COURSE OF CONDUCT, OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY. NO OPINION, ADVICE OR STATEMENT OF THE HOWARD HUGHES MEDICAL INSTITUTE (“HHMI”) OR ITS TRUSTEES, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS, WHETHER MADE WITHIN THE DESIGNS OR OTHERWISE, SHALL CREATE ANY WARRANTY. HHMI MAKES NO WARRANTY THAT THE DESIGNS WILL BE ACCURATE, CURRENT OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL HHMI OR ITS TRUSTEES, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (THE “HHMI PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, BUSINESS, GOODWILL, DATA, REVENUE, OR PROFITS; REASONABLE ROYALTIES; BUSINESS INTERRUPTION; OR OTHER INTANGIBLE LOSSES) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, ARISING IN ANY WAY OUT OF THE USE OF, OR INABILITY TO USE, THE DESIGNS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE DESIGNS OR YOUR INTERACTIONS WITH HHMI, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE REASONABLE, THAT THEY ARE AN ESSENTIAL ELEMENT HEREOF, AND THAT ABSENT SUCH LIMITATIONS, HHMI WOULD NOT MAKE THE DESIGNS AVAILABLE TO YOU OR ENTER INTO THESE TERMS AND CONDITIONS. YOU REMAIN RESPONSIBLE FOR ALL LEGAL COMPLIANCE WITH RESPECT TO YOUR USAGE OF THE DESIGNS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, THE LIABILITY OF THE HHMI PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

HHMI and its trustees, officers, employees, and agents (collectively, the “HHMI Indemnitees”), will be indemnified, defended by counsel acceptable to HHMI, and held harmless by you from and against any claim, liability, cost, expense, damage, deficiency, loss, or obligation, of any kind or nature (including, without limitation, reasonable attorneys' fees and other costs and expenses of defense) (collectively, "Claims"), based upon, arising out of, or otherwise relating to this agreement, including without limitation any cause of action relating to product liability. The previous sentence will not apply to any Claim that is determined with finality by a court of competent jurisdiction to result solely from the gross negligence or willful misconduct of an HHMI Indemnitee. Notwithstanding any other provision of this agreement, your obligation to defend, indemnify and hold harmless the HHMI Indemnitees under this paragraph will not be subject to any limitation or exclusion of liability or damages or otherwise limited in any way.  This provision shall survive any termination or expiration of this agreement.

Any redistribution of the Designs must contain or reference these terms.