FOCR/NCI TMB Calibration Tool, tmbLab, v. 1.0 (Release date: 3/22/2021 )
DEFINITIONS :
AUTHOR(S): : Dr. Lisa M. McShane,Dr. Laura M. Yee, and Dr.
Qian Xie at the National Cancer Institute as part of the Friends of Cancer Research TMB Harmonization
Project.
PROVIDER: : the National Cancer Institute (NCI), a
participating institute of the National Institutes of Health (NIH), and an agency of the United States
Government.
SOFTWARE: : the human readable source code form, the machine
readable, binary, object code form, the compiled R package (tmbLab), and the related documentation for
the modules of the tmbLab software package, which is a calibration tool developed in conjunction
with Phase 2 of the Friends of Cancer Research TMB harmonization project .
RECIPIENT: the party that downloads the software.
By downloading or otherwise receiving the SOFTWARE, RECIPIENT may use and/or
redistribute the SOFTWARE, with or without modification, subject to RECIPIENT's agreement to the
following terms:
1. THE SOFTWARE SHALL NOT BE USED IN THE TREATMENT OR DIAGNOSIS OF HUMAN
SUBJECTS. The SOFTWARE is intended for research use only in the context of assay development. Use of
the SOFTWARE does not obviate the need to follow good laboratory practices for clinical assay
validation and to adhere to regulatory requirements for performing or marketing clinical tests.
RECIPIENT is responsible for compliance with all laws and regulations applicable to the use of the
SOFTWARE.
2. The SOFTWARE that is distributed pursuant to this Agreement has been created by United States
Government employees. In accordance with Title 17 of the United States Code, section 105, the SOFTWARE
is not subject to copyright protection in the United States. Other than copyright, all rights, title
and interest in the SOFTWARE shall remain with the PROVIDER.
3. RECIPIENT agrees to acknowledge PROVIDER's contribution and the name of the author of the SOFTWARE
in all written publications containing any data or information regarding or resulting from use of the
SOFTWARE. Specifically, the acknowledgment will include the phrase: "Analyses were performed using the
FOCR/NCI TMB Calibration Tool developed by Dr. Lisa M. McShane, Dr. Laura M. Yee, and Dr. Qian Xie at
the National Cancer Institute as part of the Friends of Cancer Research TMB Harmonization Project."
4. THE SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
ARE DISCLAIMED. IN NO EVENT SHALL THE PROVIDER OR THE INDIVIDUAL DEVELOPERS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5. RECIPIENT agrees not to use any trademarks, service marks, trade names, logos or product names of
NCI or NIH to endorse or promote products derived from the SOFTWARE without specific, prior and
written permission.
6. For sake of clarity, and not by way of limitation, RECIPIENT may add its own copyright statement to
its modifications or derivative works of the SOFTWARE and may provide additional or different license
terms and conditions in its sublicenses of modifications or derivative works of the SOFTWARE provided
that RECIPIENT's use, reproduction, and distribution of the SOFTWARE otherwise complies with the
conditions stated in this Agreement. Whenever Recipient distributes or redistributes the SOFTWARE, a
copy of this Agreement must be included with each copy of the SOFTWARE.
