# Spearmint

###Academic and Non-Commercial Research Use Software License and Terms of Use

Spearmint is a software package to perform Bayesian optimization
according to specific algorithms (the “Software”).  The Software is
designed to automatically run experiments (thus the code name
*spearmint*) in a manner that iteratively adjusts a number of
parameters so as to minimize some objective in as few runs as
possible.  

The Software was developed by Ryan P. Adams, Michael Gelbart, and
Jasper Snoek at Harvard University, Kevin Swersky at the
University of Toronto (“Toronto”), and Hugo Larochelle at the
Université de Sherbrooke (“Sherbrooke”), which assigned its rights
in the Software to Socpra Sciences et Génie
S.E.C. (“Socpra”). Pursuant to an inter-institutional agreement
between the parties, it is distributed for free academic and
non-commercial research use by the President and Fellows of Harvard
College (“Harvard”).  

Using the Software indicates your agreement to be bound by the terms
of this Software Use Agreement (“Agreement”). Absent your agreement
to the terms below, you (the “End User”) have no rights to hold or
use the Software whatsoever.  

Harvard agrees to grant hereunder the limited non-exclusive license
to End User for the use of the Software in the performance of End
User’s internal, non-commercial research and academic use at End
User’s academic or not-for-profit research institution
(“Institution”) on the following terms and conditions:

**1.  NO REDISTRIBUTION.** The Software remains the property Harvard,
Toronto and Socpra, and except as set forth in Section 4, End User
shall not publish, distribute, or otherwise transfer or make
available the Software to any other party.

**2.  NO COMMERCIAL USE.** End User shall not use the Software for
commercial purposes and any such use of the Software is expressly
prohibited. This includes, but is not limited to, use of the
Software in fee-for-service arrangements, core facilities or
laboratories or to provide research services to (or in collaboration
with) third parties for a fee, and in industry-sponsored
collaborative research projects where any commercial rights are
granted to the sponsor. If End User wishes to use the Software for
commercial purposes or for any other restricted purpose, End User
must execute a separate license agreement with Harvard.

Requests for use of the Software for commercial purposes, please
contact:

Office of Technology Development  
Harvard University  
Smith Campus Center, Suite 727E  
1350 Massachusetts Avenue  
Cambridge, MA 02138 USA  
Telephone: (617) 495-3067  
Facsimile: (617) 495-9568  
E-mail: otd@harvard.edu  

**3.  OWNERSHIP AND COPYRIGHT NOTICE.** Harvard, Toronto and Socpra own
all intellectual property in the Software. End User shall gain no
ownership to the Software. End User shall not remove or delete and
shall retain in the Software, in any modifications to Software and
in any Derivative Works, the copyright, trademark, or other notices
pertaining to Software as provided with the Software.

**4.  DERIVATIVE WORKS.** End User may create and use Derivative Works,
as such term is defined under U.S. copyright laws, provided that any
such Derivative Works shall be restricted to non-commercial,
internal research and academic use at End User’s Institution. End
User may distribute Derivative Works to other Institutions solely
for the performance of non-commercial, internal research and
academic use on terms substantially similar to this License and
Terms of Use.

**5.  FEEDBACK.** In order to improve the Software, comments from End
Users may be useful. End User agrees to provide Harvard with
feedback on the End User’s use of the Software (e.g., any bugs in
the Software, the user experience, etc.).  Harvard is permitted to
use such information provided by End User in making changes and
improvements to the Software without compensation or an accounting
to End User.

**6.  NON ASSERT.** End User acknowledges that Harvard, Toronto and/or
Sherbrooke or Socpra may develop modifications to the Software that
may be based on the feedback provided by End User under Section 5
above. Harvard, Toronto and Sherbrooke/Socpra shall not be
restricted in any way by End User regarding their use of such
information.  End User acknowledges the right of Harvard, Toronto
and Sherbrooke/Socpra to prepare, publish, display, reproduce,
transmit and or use modifications to the Software that may be
substantially similar or functionally equivalent to End User’s
modifications and/or improvements if any.  In the event that End
User obtains patent protection for any modification or improvement
to Software, End User agrees not to allege or enjoin infringement of
End User’s patent against Harvard, Toronto or Sherbrooke or Socpra,
or any of the researchers, medical or research staff, officers,
directors and employees of those institutions.  

**7.  PUBLICATION & ATTRIBUTION.** End User has the right to publish,
present, or share results from the use of the Software.  In
accordance with customary academic practice, End User will
acknowledge Harvard, Toronto and Sherbrooke/Socpra as the providers
of the Software and may cite the relevant reference(s) from the
following list of publications:

Practical Bayesian Optimization of Machine Learning Algorithms  
Jasper Snoek, Hugo Larochelle and Ryan Prescott Adams  
*Advances in Neural Information Processing Systems*, 2012  

Multi-Task Bayesian Optimization  
Kevin Swersky, Jasper Snoek and Ryan Prescott Adams  
*Advances in Neural Information Processing Systems*, 2013  

Input Warping for Bayesian Optimization of Non-stationary Functions  
Jasper Snoek, Kevin Swersky, Richard Zemel and Ryan Prescott Adams  
*International Conference on Machine Learning*, 2013  

Bayesian Optimization and Semiparametric Models with Applications to Assistive Technology  
Jasper Snoek, PhD Thesis, University of Toronto, 2013  

**8.  NO WARRANTIES.** THE SOFTWARE IS PROVIDED "AS IS." TO THE FULLEST
EXTENT PERMITTED BY LAW, HARVARD, TORONTO AND SHERBROOKE AND SOCPRA
HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR
OTHERWISE) REGARDING THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT.  HARVARD, TORONTO AND
SHERBROOKE AND SOCPRA MAKE NO WARRANTY ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE
SOFTWARE.  HARVARD, TORONTO AND SHERBROOKE AND SOCPRA DO NOT WARRANT
THAT THE SOFTWARE WILL OPERATE WITHOUT ERROR OR INTERRUPTION.

**9.  LIMITATIONS OF LIABILITY AND REMEDIES.** USE OF THE SOFTWARE IS AT
END USER’S OWN RISK. IF END USER IS DISSATISFIED WITH THE SOFTWARE,
ITS EXCLUSIVE REMEDY IS TO STOP USING IT.  IN NO EVENT SHALL
HARVARD, TORONTO OR SHERBROOKE OR SOCPRA BE LIABLE TO END USER OR
ITS INSTITUTION, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER
DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH
THE SOFTWARE, EVEN IF HARVARD, TORONTO OR SHERBROOKE OR SOCPRA IS
NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS OF WHETHER HARVARD,
TORONTO OR SHERBROOKE OR SOCPRA IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.

**10. INDEMNIFICATION.** To the extent permitted by law, End User shall
indemnify, defend and hold harmless Harvard, Toronto and Sherbrooke
and Socpra, their corporate affiliates, current or future directors,
trustees, officers, faculty, medical and professional staff,
employees, students and agents and their respective successors,
heirs and assigns (the "Indemnitees"), against any liability,
damage, loss or expense (including reasonable attorney's fees and
expenses of litigation) incurred by or imposed upon the Indemnitees
or any one of them in connection with any claims, suits, actions,
demands or judgments arising from End User’s breach of this
Agreement or its Institution’s use of the Software except to the
extent caused by the gross negligence or willful misconduct of
Harvard, Toronto or Sherbrooke or Socpra. This indemnification
provision shall survive expiration or termination of this Agreement.

**11. GOVERNING LAW.** This Agreement shall be construed and governed by
the laws of the Commonwealth of Massachusetts regardless of
otherwise applicable choice of law standards.

**12. NON-USE OF NAME.**  Nothing in this License and Terms of Use shall
be construed as granting End Users or their Institutions any rights
or licenses to use any trademarks, service marks or logos associated
with the Software.  You may not use the terms “Harvard” or
“University of Toronto” or “Université de Sherbrooke” or “Socpra
Sciences et Génie S.E.C.” (or a substantially similar term) in any
way that is inconsistent with the permitted uses described
herein. You agree not to use any name or emblem of Harvard, Toronto
or Sherbrooke, or any of their subdivisions for any purpose, or to
falsely suggest any relationship between End User (or its
Institution) and Harvard, Toronto and/or Sherbrooke, or in any
manner that would infringe or violate any of their rights.

**13.** End User represents and warrants that it has the legal authority
to enter into this License and Terms of Use on behalf of itself and
its Institution.
