OSTEOWARE END USER LICENSE AGREEMENT
This Agreement is entered into by and between Smithsonian Institution, a trust instrumentality of
the United States whose address is 1000 Jefferson Drive, S.W., Washington, D.C. 20560 and
End User and is effective as of the date End User first downloads or uses the Osteoware
software.
IMPORTANT NOTICE – THIS IS A CONTRACT: By downloading, installing, copying, or
otherwise using the Osteoware software, you agree to be bound by the terms of this Agreement.
If you do not agree to the terms of this Agreement, do not download or use Osteoware.
Osteoware is not sold and instead is only licensed to the public for non-commercial and either
academic or research use strictly in accordance with the terms and conditions of this Agreement
below:
1.

DEFINITIONS

End User means the entity or individual that downloads or uses the Software.
The Software means the Osteoware computer software, database, program, and associated
media and documentation, and any subsequent error corrections or updates supplied by the
Smithsonian, all of which is made available for download from the Smithsonian websites. It
provides tools for documenting human remains for academic and research purposes.
The Term of this Agreement shall commence with the Effective Date and continue until
terminated.
2.

GRANT OF LICENSE

The Smithsonian hereby grants Customer the following non-exclusive, non-transferable right to
install and use the Software for non-commercial and either academic or research purposes
provided that End User complies with the following conditions:
a.
No reverse engineering: End User may not reverse engineer, decompile, or
disassemble the Software, nor attempt in any other manner to obtain the source code.
b.
No Separation of Components. The Software is licensed as a single product. Its
component parts may not be separated or otherwise used separately from the other parts.
c.
No Resale or Rental. End User may not sell, trade, or resell the Software for any
purpose. If a third party wishes to use the Software, End User should direct the third party to
download the Software from the Smithsonian.
d.
Attribution Required. End User must provide a citation for Osteoware, as well as
the Smithsonian Institution National Museum of Natural History and its website as the source of
the tool, in any resulting publications for which the End User author(s) had employed Osteoware
to enter, store, and/or retrieve data.

3.

TERMINATION

This Agreement will automatically terminate if End User fails to comply with any of the terms
and conditions of this Agreement. This Agreement may terminate automatically if required by
law. The Smithsonian may terminate this agreement for any reason by giving End User at least
ninety (90) calendar days written notice of termination. Upon Termination, End User must
destroy all copies of the Software and all of its component parts.
4.

OWNERSHIP

a.
The Smithsonian owns all legal right, title, and interest in and to the Software,
including any intellectual properties which subsist in the Software. End user acknowledges that
his or her downloading and/or use of the Software do not create in End User any legal right,
title, or interest to the Software.
b.
The name and logo of the Smithsonian Institution and its museums, programs,
and Osteoware are trademarks. Smithsonian trademarks cannot be used without the prior
written consent of the Smithsonian, except as authorized in this Agreement. Except as
otherwise provided herein, End User shall not use or refer to Osteoware or the names or logos
of the Smithsonian or any of its museums, organizations, or facilities in any manner or through
any medium, whether written, oral, or visual, for any purpose whatsoever, including but not
limited to advertising, marketing, promotion, publicity or on any letterhead or website by any
company.
c.
End User will not remove, obscure, or alter any proprietary rights notices which
may be affixed to or contained within the Software.
d.
End User retains any proprietary rights it already holds in the content that End
User enters into the Software (the Content). All Content is the sole responsibility of the person
from which the Content originated. The Smithsonian has no responsibility to End User for any
Content that End User creates, accesses, or displays while using the Software or for the
consequences of your actions by doing so.
5.

APPLICABLE LAW AND CHOICE OF VENUE

This Agreement shall be governed by and construed in accordance with federal law and the
laws of the District of Columbia, regardless of place of execution of performance. The federal
courts in the District of Columbia shall be the forum for any legal action arising from or incident
to this Agreement.
6.

REPRESENTATIONS

The Smithsonian has legal right and authority to grant the licenses granted in this Agreement.
The Software is original, does not plagiarize any other work, and does not otherwise violate the
personal or property rights of any individual or entity.

7.

DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

a.
No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SOFTWARE IS PROVIDED "AS IS" AND THE SMITHSONIAN DISCLAIMS ALL
WARRANTIES, EITHERWHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Without limiting the foregoing,
you are solely responsible for determining and verifying that the Software you obtain and install
is the appropriate version for your computer or network equipment.
b.
No Liability for Consequential Damages. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SMITHSONIAN BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF THE SMITHSONIAN HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
8.

INDEMNIFICATION

To the extent authorized by law, End User agrees to indemnify, defend and hold harmless the
United States, the Smithsonian, and their officers, Regents, employees and agents against all
claims, demands, suits, judgments, and expenses, including reasonable out-of-pocket attorneys’
fees, arising out of or based upon any third party claim that the End User has, through its
actions under this Agreement or its omissions, caused harm, injury or damages to such third
party. End User shall give prompt written notice to Smithsonian of any such claim or suit,
including copies of any summons, complaint or other pleading. Smithsonian shall have the
option to undertake and conduct the defense of any suit so brought, and End User agrees to
cooperate with Smithsonian. End User may participate in any defense of a claim against it at its
own expense.
9.

MISCELLANEOUS

This Agreement constitutes the entire understanding between the Smithsonian and End User
with respect to the Software. This Agreement supersedes and replaces any previous
documents, correspondence, conversations, and other oral or written understandings related to
the Software. This Agreement may not be modified without a written document signed by both
parties. The failure of either party to enforce any term or condition shall not be deemed a
waiver. This Agreement may not be assigned by End User without the Smithsonian’s prior
written approval.

