Licensing Agreement for the Maryland Tongue Analysis Package (“MTAP”) consisting of EdgeTrak©, a semi-automatic system for the extraction and tracking of contours and Surfaces©, a contour-sequence display and analysis program for research, teaching and academic purposes.

GRANT OF RIGHTS

This is a license agreement (“Agreement”) between you (the “Licensee”), and the University of Maryland, Baltimore (“UM”) regarding use of the MTAP software programs, EdgeTrak© and Surfaces© (collectively, the “Programs”) accompanying this Agreement.  By installing, copying, or otherwise using MTAP, you agree to be bound by the terms of this Agreement.

Creation of the Programs was supported in part by the Public Health Service, National Institutes of Health, National Institute on Deafness and Other Communication Disorders, Grant Number R01 DC01758. As a work resulting from a federal grant-supported project, the Federal Government has a royalty-free, nonexclusive, and irrevocable license for the Government to reproduce, publish, or otherwise use the material and to authorize others to do so for Federal purposes.

MTAP is provided to Licensee free of charge. When you accept the terms of this Agreement, the University of Maryland, Baltimore grants Licensee the non-exclusive, non-transferable, site-specific license to install and use the Programs for research, teaching and academic purposes. In order to use MTAP commercially, please contact Dr. Maureen Stone, Ph.D., at 410-706-1269 or e-mail at mstone@umaryland.edu to obtain a commercial license.

MTAP or any other materials provided in this package may not be modified in any way. MTAP may not be redistributed to any party without the written permission of the University of Maryland, Baltimore.  Licensee agrees not to upload MTAP to a freeware or shareware site without first receiving written permission from the University of Maryland, Baltimore.

Licensee will not reproduce any parts of MTAP. Licensee will not remove any copyright or other proprietary notice from MTAP or its Programs. Licensee agrees not to reverse engineer, decompile, or disassemble the MTAP or its Programs.

This Agreement will be construed, interpreted, and applied in accordance with the laws of the State of Maryland.

This Agreement shall commence upon Licensee's acceptance of its terms as required below and shall remain in effect until terminated by Licensee or UM. Upon termination of this Agreement, Licensee shall promptly cease use of the Program, enhancements of the Program, any derivative works, and any work or material created in violation of this Agreement.

COPYRIGHT NOTICE

The EdgeTrak© software was d esigned by Min Li, Yusuf Akgul, and Chandra Kambhamettu, Department of Electrical Engineering and Computer Information Systems University of Delaware and Surfaces© software was designed by Vijay Parsatharathy and Jerry L. Prince, Department of Electrical and Computer Engineering, Johns Hopkins University for Dr. Maureen Stone, Ph.D. at the University of Maryland, Baltimore. The Programs are protected by applicable provisions of both United States copyright law and international copyright treaty provisions.

DISCLAIMER OF WARRANTIES AND INDEMNIFICATION

THE PROGRAMS ARE PROVIDED "AS IS." UM MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE PROGRAM IS NOT INTENDED FOR USE IN THE DIAGNOSIS OR TREATMENT OF MEDICAL CONDITIONS, AND SHOULD NOT BE USED FOR THAT PURPOSE. THE PROGRAM SHOULD NOT BE USED AS A REPLACEMENT FOR MEDICAL CARE OR SUPERVISION. UM DISCLAIMS ALL LIABILITY FOR COMPLETENESS, RELIABILITY OR ACCURACY OF THE PROGRAM.

UM shall not be held liable for any liability or damages with respect to any claims by Licensee or a third party on account of, or arising from, the Licensee’s use of the Programs.

Licensee agrees to indemnify, hold harmless and defend UM and the inventor of the Programs against any and all claims for death, illness, personal injury, property damage, and improper business practices arising out of the possession, use or operation of the Programs by Licensee.

TRADEMARKS

Any product or brand names mentioned in MTAP or its Programs and associated manuals and files are trademarks or registered trademarks of their respective owners.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US THAT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.