By downloading the PROGRAM you agree to the following terms of use:

BROAD INSTITUTE SOFTWARE LICENSE AGREEMENT

FOR ACADEMIC NON-COMMERCIAL RESEARCH PURPOSES ONLY

This Agreement is made between the Broad Institute, Inc. with a principal

address at 7 Cambridge Center, Cambridge, MA 02142 ("BROAD") and the

LICENSEE and is effective at the date the downloading is completed

("EFFECTIVE DATE").

WHEREAS, LICENSEE desires to license the PROGRAM, as defined hereinafter,

and BROAD wishes to have this PROGRAM utilized in the public interest,

subject only to the royalty-free, nonexclusive, nontransferable license

rights of the United States Government pursuant to 48 CFR 52.227-14; and

WHEREAS, LICENSEE desires to license the PROGRAM and BROAD desires to grant

a license on the following terms and conditions.

NOW, THEREFORE, in consideration of the promises and covenants made herein,

the parties hereto agree as follows:

1. DEFINITIONS

1.1 "PROGRAM" shall mean copyright in the object code and source code

known as MutSig and related documentation, if any, as they exist on the

EFFECTIVE DATE and can be downloaded from

http://www.broadinstitute.org/cancer/cga/MutSig on the EFFECTIVE DATE.

2. LICENSE

2.1 Grant. Subject to the terms of this Agreement, BROAD hereby grants to

LICENSEE, solely for academic non-commercial research purposes, a non-

exclusive, non-transferable license to: (a) download, execute and display

the PROGRAM and (b) create bug fixes and modify the PROGRAM.

LICENSEE hereby automatically grants to BROAD a non-exclusive, royalty-

free, irrevocable license to any LICENSEE bug fixes or modifications to the

PROGRAM with unlimited rights to sublicense and/or distribute. LICENSEE

agrees to provide any such modifications and bug fixes to BROAD promptly

upon their creation.

The LICENSEE may apply the PROGRAM in a pipeline to data owned by users

other than the LICENSEE and provide these users the results of the PROGRAM

provided LICENSEE does so for academic non-commercial purposes only. For

clarification purposes, academic sponsored research is not a commercial use

under the terms of this Agreement.

2.2 No Sublicensing or Additional Rights. LICENSEE shall not sublicense or

distribute the PROGRAM, in whole or in part, without prior written

permission from BROAD. LICENSEE shall ensure that all of its users agree

to the terms of this Agreement. LICENSEE further agrees that it shall not

put the PROGRAM on a network, server, or other similar technology that may

be accessed by anyone other than the LICENSEE and its employees and users

who have agreed to the terms of this agreement.

2.3 License Limitations. Nothing in this Agreement shall be construed to

confer any rights upon LICENSEE by implication, estoppel, or otherwise to

any computer software, trademark, intellectual property, or patent rights

of BROAD, or of any other entity, except as expressly granted herein.

LICENSEE agrees that the PROGRAM, in whole or part, shall not be used for

any commercial purpose, including without limitation, as the basis of a

commercial software or hardware product or to provide services. LICENSEE

further agrees that the PROGRAM shall not be copied or otherwise adapted in

order to circumvent the need for obtaining a license for use of the

PROGRAM.

3. OWNERSHIP OF INTELLECTUAL PROPERTY

LICENSEE acknowledges that title to the PROGRAM shall remain with BROAD.

The PROGRAM is marked with the following BROAD copyright notice and notice

of attribution to contributors. LICENSEE shall retain such notice on all

copies. LICENSEE agrees to include appropriate attribution if any results

obtained from use of the PROGRAM are included in any publication.

Notice of attribution: The MutSig program was made available through the

generosity of the Cancer Genome Analysis group at the Broad Institute, Inc.

LICENSEE shall not use any trademark or trade name of BROAD, or any

variation, adaptation, or abbreviation, of such marks or trade names, or

any names of officers, faculty, students, employees, or agents of BROAD

except as states above for attribution purposes.

4. INDEMNIFICATION

LICENSEE shall indemnify, defend, and hold harmless BROAD, and their

respective officers, faculty, students, employees, associated investigators

and agents, and their respective successors, heirs and assigns,

("Indemnitees"), against any liability, damage, loss, or expense (including

reasonable attorneys fees and expenses) incurred by or imposed upon any of

the Indemnitees in connection with any claims, suits, actions, demands or

judgments arising out of any theory of liability (including, without

limitation, actions in the form of tort, warranty, or strict liability and

regardless of whether such action has any factual basis) pursuant to any

right or license granted under this Agreement.

5. NO REPRESENTATIONS OR WARRANTIES

THE PROGRAM IS DELIVERED "AS IS." BROAD MAKES NO REPRESENTATIONS OR

WARRANTIES OF ANY KIND CONCERNING THE PROGRAM OR THE COPYRIGHT, EXPRESS OR

IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT

OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. BROAD EXTENDS NO WARRANTIES

OF ANY KIND AS TO PROGRAM CONFORMITY WITH WHATEVER USER MANUALS OR OTHER

LITERATURE MAY BE ISSUED FROM TIME TO TIME.

IN NO EVENT SHALL BROAD OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,

AFFILIATED INVESTIGATORS AND AFFILIATES BE LIABLE FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ECONOMIC

DAMAGES OR INJURY TO PROPERTY AND LOST PROFITS, REGARDLESS OF WHETHER BROAD

SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF

THE POSSIBILITY OF THE FOREGOING.

6. ASSIGNMENT

This Agreement is personal to LICENSEE and any rights or obligations

assigned by LICENSEE without the prior written consent of BROAD shall be

null and void.

7. MISCELLANEOUS

7.1 Export Control. LICENSEE gives assurance that it will comply with all

United States export control laws and regulations controlling the export of

the PROGRAM, including, without limitation, all Export Administration

Regulations of the United States Department of Commerce. Among other

things, these laws and regulations prohibit, or require a license for, the

export of certain types of software to specified countries.

7.2 Termination. LICENSEE shall have the right to terminate this Agreement

for any reason upon prior written notice to BROAD. If LICENSEE breaches any

provision hereunder, and fails to cure such breach within thirty (30) days,

BROAD may terminate this Agreement immediately. Upon termination, LICENSEE

shall provide BROAD with written assurance that the original and all copies

of the PROGRAM have been destroyed, except that, upon prior written

authorization from BROAD, LICENSEE may retain a copy for archive purposes.

7.3 Survival. The following provisions shall survive the expiration or

termination of this Agreement: Articles 1, 3, 4, 5 and Sections 2.2, 2.3,

7.3, and 7.4.

7.4 Notice. Any notices under this Agreement shall be in writing, shall

specifically refer to this Agreement, and shall be sent by hand, recognized

national overnight courier, confirmed facsimile transmission, confirmed

electronic mail, or registered or certified mail, postage prepaid, return

receipt requested. All notices under this Agreement shall be deemed

effective upon receipt.

7.5 Amendment and Waiver; Entire Agreement. This Agreement may be amended,

supplemented, or otherwise modified only by means of a written instrument

signed by all parties. Any waiver of any rights or failure to act in a

specific instance shall relate only to such instance and shall not be

construed as an agreement to waive any rights or fail to act in any other

instance, whether or not similar. This Agreement constitutes the entire

agreement among the parties with respect to its subject matter and

supersedes prior agreements or understandings between the parties relating

to its subject matter.

7.6 Binding Effect; Headings. This Agreement shall be binding upon and

inure to the benefit of the parties and their respective permitted

successors and assigns. All headings are for convenience only and shall not

affect the meaning of any provision of this Agreement.

7.7 Governing Law. This Agreement shall be construed, governed, interpreted

and applied in accordance with the internal laws of the Commonwealth of

Massachusetts, U.S.A., without regard to conflict of laws principles.