Synthetic lethality-mediated precision oncology via the tumor transcriptome

The source code is available for non-profit, academic research purposes only. Following the policy of NIH/NCI, the requesters should fill in, sign, and return the following software use agreement. The Recipient Investigator is most likely not the Authorized Recipient Official. An Authorized Recipient Official is someone who is authorized to sign legal documents on behalf of the institution; this person usually works in the Technology Transfer Department or the Office of Sponsored Research. The Authorized Recipient Official’s signature is legally binding upon the institution and they regularly sign contracts or research agreements. This software use agreement may also require review from your institution’s legal team.

We recommend the requesters to copy the following contents into a word processor, insert the specific research question to be addressed with the SELECT code, generate a PDF document with the requester's requisite signatures, and send it to Lisa Gallmon (lisa.gallmon@nih.gov) along with Zenodo request. (Unfortunately, Zenodo does not have the option for us to provide the requesters with a Word document version of the software use agreement). If you have any questions, feel free to contact us.

=============================================

SOFTWARE TRANSFER AGREEMENT

PROVIDER: National Cancer Institute (NCI)

RECIPIENT:

WHEREAS, PROVIDER has certain proprietary software and associated material described below (hereinafter, collectively referred to as “Software”),

National Cancer Institute SynthEtic LEthality and rescue-mediated precision onCology via the Transcriptome (SELECT) software (NIH Ref. No. E-150-2020), provided as source code, a computer program to  predict the response to targeted and chemotherapy using the synthetic lethal interaction partners and the response to immunotherapy using the synthetic rescues interaction partners as described in Lee et al. (Cell 184(9) 2487-2502, 2021, DOI:https://doi.org/10.1016/j.cell.2021.03.030), including further improvements thereof, and related documentation.

PROVIDER agrees to transfer such Software to RECIPIENT, to be used solely in connection

with the following research activity and for the following reasons (hereinafter “Project”). Describe with specificity the scope of use of Software under this Agreement:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, the

PROVIDER and RECIPIENT agree, and RECIPIENT SCIENTIST acknowledges as follows:

1. SOFTWARE SHALL NOT BE USED FOR TREATING OR DIAGNOSING HUMAN

SUBJECTS.

2. RECIPIENT will not license or sell or use Software for commercial purposes or applications.

RECIPIENT shall retain control over Software and further will not transfer the

Software to individuals not under RECIPIENT SCIENTIST’s direct supervision without the

advance written approval of PROVIDER. RECIPIENT agrees to comply with all regulations

applicable to the Project and the use of the Software.

3. RECIPIENT agrees not to copy Software, in whole or in part, except as required for use by

RECIPIENT SCIENTIST for the conduct of the Project. RECIPIENT intends to modify the Software in the course of conducting the Project (“Modified Software”).  Other than as intended under the Project, RECIPIENT shall not modify, extend, decompile, make derivatives of or reverse engineer the Software without written permission from PROVIDER.

4. In all oral presentations or written publications concerning the Project, RECIPIENT will

acknowledge PROVIDER’s contribution of SOFTWARE unless requested otherwise. RECIPIENT may

publish or otherwise publicly disclose the results of the Project.

5. Title in the Software shall remain with the PROVIDER.  RECIPIENT shall retain ownership of the Modified Software. For the sake of clarity, ownership of the Software or components thereof in the Modified Software shall remain with the PROVIDER.  Irrespective, RECIPIENT  shall be free to use the Modified Software for internal research and development purposes only.  .  Except as outlined herein, nothing shall be deemed to constitute, by implication or otherwise, the grant to either party by the other of any license or other rights under any patent, patent application or other intellectual property

right or interest. PROVIDER reserves the right to distribute Software to others and to use it for PROVIDER’s own purposes.

6. When the Project is completed or this Agreement is terminated, whichever occurs first,

RECIPIENT will destroy all copies of Software unless directed otherwise by PROVIDER in writing, but shall be entitled to retain the Modified Software for purposes as outlined herein.

7. This Agreement may be terminated by either RECIPIENT or PROVIDER by providing 30 days

advance notice.

8. The PROVIDER and RECIPIENT each shall retain title to any patent or other intellectual property of

their respective employees developed or created in the course of the Project defined in this

Agreement. Neither PROVIDER nor RECIPIENT promise rights in advance for inventions developed

under this Agreement.

9. No indemnification for any loss, claim, damage, or liability is intended or provided by any

party under this Agreement. Each party shall be liable for any loss, claim, damage, or liability

that said party incurs as a result of said party’s activities under this Agreement, except that the

NCI, as an agency of the United States, assumes liability only to the extent as provided under

the United States Federal Tort Claims Act (28 U.S.C. Chapter 171).

10. Software is supplied AS IS, without any accompanying services or improvements from

PROVIDER. SOFTWARE IS SUPPLIED TO RECIPIENT WITH NO WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE. PROVIDER makes no representations that the use

of Software will not infringe any patent or proprietary rights of third parties.

PROVIDER INFORMATION and AUTHORIZED SIGNATURE:

Provider Scientist:  Eytan Ruppin, M.D.

Provider Organization:  National Cancer Institute

Address:  9609 Medical Ctr. Dr., RM 1E530, Rockville, MD 20850

Name of Authorized Official:

Title of Authorized Official:

_________________________________ __________________

Signature of Authorized Official Date

RECIPIENT INFORMATION and AUTHORIZED SIGNATURE:

Recipient Scientist:

Recipient Organization:   

Address:

Name of Authorized Official:   

Title of Authorized Official:

_________________________________ __________________

Signature of Authorized Official Date

Certification of Recipient Scientist:  I have read and understood the conditions outlined in this Agreement, and I understand that I must abide by them to receive and use the Software.

__________________________________ ________________

Recipient Scientist Date