[Chimera-users] EULA modification request
Greg Couch
gregc at cgl.ucsf.edu
Wed Oct 26 16:12:43 PDT 2022
HI Lua,
I've forwarded your request up the chain of responsibility. It might
reach our lawyers, it might not. If you don't hear anything within 6
months, consider the answer as being no.
-- Greg
On 10/26/2022 2:05 PM, Smith, Lua J. wrote:
>
> Hi Greg,
>
> In all my years of handling software license agreements and
> modifications, your response is hands down the best response I’ve ever
> received! Took me several minutes to stop laughing! The wisdom in
> your email shines through 😊
>
> However, our business policies require that I ask your legal team even
> if the answer we receive is no. I’m aware this is a time-consuming
> pursuit that will likely end in folly. That being said, given that
> I’m sure your university has the same sovereign immunity, would you
> please ask if “and without waiving sovereign immunity” can be added,
> the attorney’s fees struck, and the Governing Law /remain silent/
> instead of listing a particular state as is suggested in the red
> lines? I understand this will likely take some time to get a response
> from your legal team, as it takes a while to get a response from our
> legal team.
>
> Thank you so much for your email. I’m going to hang a copy of it on
> my wall.
>
> Best,
>
> Lua
>
> *Lua Smith*
> Software Support, Information Technology
> 800 University Drive, Rolla, MO 65409
>
> ljhqn8 at mst.edu <mailto:ljhqn8 at mst.edu>| 573-341-7990
> <tel:573-341-7990> | it.mst.edu <https://it.mst.edu/>
>
> Missouri S&T - 150 Years <https://www.mst.edu/>
>
> *From:* Greg Couch <gregc at cgl.ucsf.edu>
> *Sent:* Wednesday, October 26, 2022 1:15 PM
> *To:* Smith, Lua J. <ljhqn8 at mst.edu>; chimera-users at cgl.ucsf.edu
> *Subject:* Re: [Chimera-users] EULA modification request
>
> *WARNING:*This message has originated from an External Source. This
> may be a phishing expedition that can result in unauthorized access to
> our IT System. Please use proper judgment and caution when opening
> attachments, clicking links, or responding to this email.
>
> This is not an official response. So we can ask, but I'm sure the
> answer will be no, it is not acceptable to change our license. We are
> also a university with the same sovereign immunity. And keep in mind,
> involving our university's lawyers means that you might not get an
> answer for many months. So I hope you're not in a hurry. And our
> lawyers choose the wording in our license. Do you still wish to
> pursue this folly?
>
> -- Greg
>
> On 10/26/2022 10:42 AM, Smith, Lua J. via Chimera-users wrote:
>
> Hello UCSF Chimera creators,
>
> Our Chemistry department of Missouri University of Science and
> Technology would like to use your software. Our attorney reviewed
> the non-commercial software license agreement, and is requesting
> the legal jurisdiction be struck from the license agreement as
> well as other modifications. Due to the University being an
> instrumentality of the state of Missouri and having sovereign
> immunity under Missouri and federal law, we are not authorized to
> waive our legal jurisdiction (See Fowler v. Board of Regents, 637
> S.W.2d 352 (Mo.App. 1982)). Would you please review the attached
> requested license agreement modifications, and initial if acceptable?
>
> Thank you!
>
> Lua
>
> *Lua Smith*
> Software Support, Information Technology
> 800 University Drive
>
> ljhqn8 at mst.edu <mailto:ljhqn8 at mst.edu>| 573-341-7990
> <tel:573-341-7990>| it.mst.edu <https://it.mst.edu>
>
> Missouri S&T - 150 Years <https://www.mst.edu/>
>
>
>
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