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 |
573-341-7990 |
it.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
WARNING: This message has
originated from an External Source. This may be a phishing
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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 Driveljhqn8@mst.edu | 573-341-7990 | it.mst.edu
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