Academic license agreement (Version of 7/1/1995)

LABORATORY OF APPLIED PHARMACOKINETICS
USC School of Medicine (CSC 134B), 2250 Alcazar St., Los Angeles, CA 90033
Phone (323) 442-1300, Fax (323) 442-1302

This Agreement is made between ("Researcher") and the University of Southern California ("University"), University Park, Los Angeles, California 90089, with respect to computer software developed under the direction of Roger W. Jelliffe, M.D., a U.S.C. faculty member, for use in studying drug behavior and calculating probable drug dosage and infusion requirements for patients and supporting documentation (both of which are herein referred to as "Software"). The University has the sole right to license use of the Software, and is willing to grant a royalty-free license to the Researcher to use the Software for research purposes under the following terms. The Researcher realizes that the Software may be of significant commercial value to the University, and Researcher desires to evaluate, test and use the Software listed at the bottom of this document for research purposes only.

1. This License is limited to use of the Software for academic and research purposes by the researcher within the institution designated below, and will not be disclosed, given or sold to anyone outside of the institution. Duplication of the Software for any purposes other than the above use, and for back-up protection, is prohibited. The Software may not be used for any commercial purpose without the express written agreement of the University. Researcher will return Software and destroy all other copies immediately upon request.

2. Researcher further acknowledges that this agreement will also apply to all subsequent Software s/he may receive from Dr. Jelliffe unless another written agreement is concluded. All Software is and will remain the property of the University.

3. Researcher acknowledges that the Software is directed to pharmacokinetic analysis and the control of drug dosage regimens. Researcher understands that the University makes no warranties, either express or implied, as to any matter concerning this Software, including the condition of the Software, its useability, or fitness for any particular purpose. Researcher agrees to hold the University, its officers, employees and agents, including but not limited to all individual developers of the Software, harmless for any and all damages, expenses, claims or other liability suffered as a result of Researcher's use of the Software. Researcher agrees that s/he alone is responsible for whatever dosage regimen s/he or his/her groups order for or administer to a patient.

4. This Agreement constitutes the entire Agreement between the parties concerning the Software. No amendment or assignment shall be binding on the parties unless mutually agreed to and executed in writing by each of the parties. This Agreement shall be interpreted in accordance with the laws of the United States and of the State of California. Jurisdiction and venue shall lie with any competent court within the County of Los Angeles, California. In the event litigation or arbitration is commenced to enforce any of the terms of this Agreement, the prevailing party shall have the right to recover its reasonable attorneys' fees and costs of such litigation or arbitration from the other party.

SOFTWARE LIST:

     (The USC*PACK PC Clinical Collection)	(The BOXES PC Modeling Collection)
         1.      GENT                            1.      MODEL, ID, ODE, SIM
         2.      TOB                             2.      MMID8, MMSIM8
         3.      NET                             3.      ID3, SIM3, ID3CCR
         4.      AMIK                            4.      ID3P, SIM3P
         5.      MB                              5.      BOXES
         6.      MLS
         7.      PASTRX
         8.      NPEM Population Model Maker


     Date:                   

     Researcher (Please print or type): _________________________________________________________________
 

     Institution: _______________________________________________________________________________________


     Address: ___________________________________________________________________________________________
 

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     Phone: _____________________________________________________________________________________________
                         

     Fax: _______________________________________________________________________________________________


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