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@mst.edu <mailto:ljhqn8@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@cgl.ucsf.edu> *Sent:* Wednesday, October 26, 2022 1:15 PM *To:* Smith, Lua J. <ljhqn8@mst.edu>; chimera-users@cgl.ucsf.edu *Subject:* Re: [Chimera-users] EULA modification request
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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@mst.edu <mailto:ljhqn8@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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