Non-commercial Evaluation License Agreement Go-Smart

between the partners of the EU-project Go-Smart, namely the following:
  1. Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V., Hansastraße 27c, 80686 Munich, Germany, as legal entity for its Fraunhofer Institute for Applied Information Technology FIT, Schloss Birlinghoven, 53754 Sankt Augustin, Germany
  2. Radboud University Nijmegen, Geert Grooteplein 25, 6525 EZ Nijmegen, The Netherlands
  3. Medical University of Leipzig- Dep. of Diagnostic and Interventional Radiology, Liebigstrasse 12, 04103 Leipzig, Germany
  4. Medical University of Graz - Department of radiology, Auenbruggerplatz 29, 8036 Graz, Austria
  5. Aalto-korkeakoulusäätiö, Department of Neuroscience and Biomedical Engineering, P.O. Box 12200, FI-00076 AALTO, Finland
  6. University of Oxford, Inst. Of Biomedical Engineering, 17 Parks Road Oxford OX1 3PJ, United Kingdom
  7. NUMA Engineering Services Ltd, The Business Centre, Blackthorn Business Park, Coe's Road, Dundalk, Co. Louth, Ireland
  8. Graz University of Technology - Institute of Computer Graphics and Vision, Inffeldgasse 16, 8010 Graz, Austria
  9. University Clinic of Frankfurt, Theodor W. Adorno Platz1, 60629 Frankfurt am Main, Germany
- hereinafter: Licensors -
- hereinafter: Licensee -

Licensee shall review the most up-to-date version of this license agreement. Licensors reserve the right, at their sole discretion, to change, add, or delete portions of this license agreement.

1. Definitions

In this Agreement following definitions shall apply:

  1. “Software” refers to the Software-Application Go-Smart which was developed in the framework of the EU-project “Generic Open-End Simulation environment for minimaly invasive cancer treatment” by the following partners…
  2. “Go-Smart” refers to the EU-project “Generic Open-End Simulation environment for minimaly invasive cancer treatment”.
  3. “Fraunhofer” refers to the Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V., having a place of business at Hansastraße 27c, 80686 Munich, Germany, as Licensor together with the other partners 2) through 9) of the EU-project.
  4. „Fraunhofer FIT“ refers to the Fraunhofer Institute for Applied Information Technology FIT, having a place of business at Schloss Birlinghoven, 53754 Sankt Augustin, as the Fraunhofer Institute responsible for the development of the Software.
  5. “Non-commercial testing purposes” are e.g. academic research experimentation and evaluation purposes in the framework of the EU-project GO Smart.

2. Subject of this agreement

  1. The Software shall be provided to Licensee in Binary Code. The Software will be provided to Licensee after his/her registration on the website and his/her acceptance of the terms and conditions of this license agreement. The functionalities of the Software are specified and described on the website. Licensors shall not be liable to Licensee for any other functionality of the Software and its fitness for the intended use.
  2. Future modifications, extensions or development of the Software by Licensors are not covered by this agreement.
  3. No trademarks of the EU-project Go-Smart or Licensors are licensed under this agreement.
  4. Licensee acknowledges that the Software contains Open Source-Components and third party components, whose license terms are listed in Annex 1. By accepting this license agreement Licensee agrees to comply with these third party-license terms and conditions to this license agreement.
  5. Installation and software training shall not be subject of this Agreement.

3. Licensee’s obligations and rights of use

  1. Licensee acknowledges that the Software does not constitute a medical product and is not CE-certified.
  2. Licensee is not entitled to use the Software for a medical treatment or other testing on humans or animals.
  3. Licensee shall not use the Software for direct or indirect treatments of patients – neither as part of a clinical study.
  4. The Software nor shall be used only on anonymised image data – CT and MRI scans of patients who already had a medical treatment (in the framework of a clinical study).
  5. As Licensors may not provide technical support for the Software, Licensee acknowledges that he/she shall also be not entitled to use the Software in safety-critical systems as e.g. health care systems, traffic, critical infrastructure, power plants, air traffic.
  6. Licensee shall not be entitled to enter into agreements on behalf of or with effect on Licensors or to create other obligations for Licensors.
  7. Despite licensing the Software under this agreement Licensors shall remain the owner of the Software. Licensee shall be granted only the rights explicitly defined under this license agreement.
  8. Licensors hereby grant Licensee for the term of this license agreement a non-exclusive, non-transferable, non-sublicensable, royalty-free, non-perpetual right to Licensee to use the Software for the non-commercial testing purposes mentioned above. Any use beyond – especially for commercial, consultancy or medical purposes - is expressly excluded.
  9. Licensee shall not modify, translate to another programming language nor disassemble nor reverse engineer nor decompile portions of the Software or any data provided in the Software, except as defined hereafter: Reverse engineering concerning such components of the Software which use external software modules licensed under LGPL licenses (GNU Lesser General Public License) is permitted.
  10. Licensee shall not remove any copyright notices from the Software.

4. Licensee’s security obligations

Licensee shall apply appropriate and suitable security measures to avoid loss of data and other damages which may result from the loss of data, e. g. by making a backup copy of the Software.

5. Defect in title - Third party intellectual property rights

  1. Licensors do not warrant that the Software and accompanying Licensed Material is free of third party intellectual property rights.
  2. If a third party asserts claims against Licensors due to a use of the Licensed Material (including the use of the Software) beyond the contractually agreed use by the Licensee, the latter shall indemnify Licensors from these claims.
  3. Any further liability resulting from third party rights infringement shall be excluded – except in cases of gross negligence or intent.
  4. Furthermore, Licensors shall not be held liable for infringements of third party rights which occur by using the Software in an unauthorized way.

6. Liability

  1. Licensors developed the Software with their usual care and according to their state-of-the-art science and technology.
  2. As the Software licensed under this agreement is granted free of charge for non-commercial testing purposes, Licensors shall have no liability for damages and costs caused by using the Software – except in cases of intent and gross negligence, for damages to life, body or health or in cases pf liability under the product liability law.
  3. Any liability for the correctness, completeness, availability, faultlessness, non-infringement of third party rights shall be excluded – except in cases of intent and gross negligence. Furthermore, Licensors shall have no liability for indirect, unforeseeable damages, e. g. costs caused for recovering loss of data – except in cases of willful misconduct.
  4. The liability of Licensors for defects or system breakdowns or loss of data, which are based on negligent or improper treatment, for the use of the Software in combination with inappropriate software or hardware of third parties or for the use of the Software with inappropriate complemental equipment, as for example external file servers, by Licensee is excluded. In particular Licensors shall not be liable because of defects and system breakdowns or loss of data due to security accidents, loss or any other errors of external data services.
  5. Licensors are only liable for the reproduction of data provided that Licensee has, appropriate to the level of risk, taken regular backup copies, and that the data from such backup copies can be reconstructed at reasonable expense. Any further liability for loss of data is excluded.
  6. Neither party shall be responsible for any failure to perform its duties under this agreement due to Force Majeure and any time of delivery or performance agreed hereunder shall be extended by the time such Force Majeure exist plus reasonable starting time thereafter.

7. Data processing

Licensee agrees with the collection, storage and use of the following technical data and personal information by Licensors for the purpose of providing the Software and administration of this license agreement. Furthermore, Licensors are entitled to store and use such data for further development and improvement of the Software.

8. Confidentiality, Export Law

  1. Confidential Information in the meaning of this agreement are all information of technical and commercial nature, data and documents, including but not limited to any documents, drawings, sketches or designs, materials or samples, which Licensee received under this agreement.
  2. Licensee commits himself/herself to maintain Licensors’ confidential information in strict confidence, this shall also apply to pseudonymised patient data as e.g. CT / MRI scans, results of Software tests, documentation of the Software, experiences with the use of the Software, and shall take all necessary measures to avoid that third parties may access such information.
  3. Furthermore, Licensee is obliged to comply with all export controls and foreign trade law restrictions and shall indemnify and hold harmless Licensors from any third party claims at first request which arise from a breach of this obligation.

9. Termination

  1. The use of the Software under this license agreement by Licensee is limited until the end of 2016.
  2. Licensors’ right of extraordinary termination for good cause with immediate effect remains unaffected. Good cause shall especially be given in case of Licensee’s breach of its obligations under this agreement, e.g. regarding the restrictions for the use of the Software.
  3. If Licensee breaches this agreement or if he/her sues anyone over patents that Licensee thinks may apply to the Software, this agreement shall terminate automatically. The section 8 shall survive the termination of agreement.
  4. After termination of this agreement Licensee commits himself/herself to terminate the use of the Software immediately and to destroy the Software and its backup copy and all parts of the accompanying documentation.

10. Concluding provisions

  1. This agreement shall be governed and construed in accordance with the laws of the Federal Republic of Germany without regard to the United Nations Convention on the International Sale of Good (CISG).
  2. The courts of Bonn shall have exclusive jurisdiction over any dispute arising out of or in connection with this agreement.
  3. If any of the provisions of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by valid provisions formulated in such a way that the intended purpose will largely be achieved.
  4. The rights and duties of the parties under this agreement shall not be transferred to any third party.s
  5. Subsidiary agreements, amendments and additions to or a waiver of this written form requirement shall be in writing.s
Version: 10/2015


License Information - Third Party Software Components

  1. ITK ( Licence details for ITK are under following link:
  2. VTK ( - an open-source toolkit licensed under the BSD license
  3. Elmer (GPL) (inc. METIS) --
  4. FEniCS (GPL) --
  5. CGAL (GPL/LGPL) --
  6. GMSH (GPL) --
  7. Crossbar (AGPL) --
  8. Go-Smart GSSA (AGPL) --
  9. Go-Smart Elmer (AGPL) --
  10. Go-Smart CGAL Mesher (AGPL) --
  11. Qt - a toolkit for building user interfaces. It is licensed under the GNU Lesser General Public License (LGPL), version 3.
  12. QtWebsockets -An extension to Qt, enabling websocket usage, licensed under the GNU Lesser General Public License (LGPL) version 2.1.s
  13. SignalRQt - An extension to Qt, implementing SignalR communication capabilities, licensed under ISC.
  14. Insight ToolKit (ITK)
  15. Exposure Render - a cuda-based volume rendering engine, based on the BSD license