[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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