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Licence terms for access to the QCovid algorithm for the purposes of academic research and peer review

These licence terms apply to all licences granted by THE CHANCELLOR, MASTERS AND SCHOLARS OF THE UNIVERSITY OF OXFORD whose administrative offices are at University Offices, Wellington Square, Oxford OX1 2JD, United Kingdom ("the University") for use of or access to the QCovid Algorithm ("the Algorithm") through this website.

By requesting access to the Algorithm through this Website https://qcovid.org/ ("the Website"), you ("the User") agree that your use of the Algorithm is subject to these licence terms and that you will use the Algorithm only in accordance with these licence terms.

Please read these licence terms carefully before using the algorithm. If you do not agree to these licence terms you must not request access and you must not use the algorithm.

The algorithm may be used only for academic research or for the purpose of peer review. The algorithm must not be used for any of the following:

  • carrying out any clinical trial;
  • carrying out any research with a view to commercialising or exploiting the algorithm or any derivative work, variation or adaptation of the algorithm;
  • any other commercial purpose; or
  • creating any derivative work, variation or adaptation of the algorithm.

You must not distribute or share the use of the algorithm or any derivative work, variation or adaptation of the algorithm with any other person

  1. ACADEMIC USE LICENCE
    1. The User is granted a non-exclusive, non-transferable, royalty free licence to access and use the Algorithm provided that the User:
      1. uses the Algorithm only for academic research or for the purpose of peer review;
      2. does not use the Algorithm for carrying out any clinical trial;
      3. does not use the Algorithm for carrying out any research with a view to commercialising or exploiting the Algorithm or any derivative work, variation or adaptation of the Algorithm;
      4. does not use the Algorithm for any other commercial purpose;
      5. does not, and does not attempt to, use the Algorithm to create any derivative work, variation, modification or adaptation of the Algorithm;
      6. does not distribute or share the use of the Algorithm or any derivative work, variation or adaptation of the Algorithm with any other person.
      7. does not use the Algorithm for or on behalf of any third party or to provide any service;
      8. does not integrate all or part of the Algorithm into any product;
      9. uses the Algorithm only in accordance with any instructions and guidance for use of the Algorithm given on the Website;
      10. complies with the procedures on the Website in relation to user identification, authentication and access to the Algorithm or the Website;
      11. complies with all applicable laws and regulations relating to the use of the Algorithm and the Website (or either of them);
      12. does not, and does not attempt to, create any derivative work from, or any variation, modification or of adaptation of, or frame, mirror, republish, download, display, transmit, or distribute all or any part of the Website in any form or media or by any means; and
      13. ensures that, whenever the Algorithm is referred to in any peer review, research publication or other document or other material, the Copyright Notice "Copyright © 2020, University of Oxford" appears prominently.
    2. The University reserves the right, at any time and without liability and without giving notice to the User, to: cease publishing the Algorithm; to revise, modify or replace the Algorithm; to change the operation of the Website; and to deny or suspend access to the Algorithm and the Website (or either of them).
    3. The University reserves the right, at any time and without liability, to change these licence terms.
    4. The User acknowledges and agrees that the University owns any and all intellectual property rights in the Algorithm and in any and all results or other output from the use of the Algorithm (except any peer review or research publication).
    5. The licence granted in clause 1.1 above will terminate automatically and immediately, and the User will no longer have any right to use the Algorithm, on any breach of the licence terms.
  2. INDEMNITY AND LIABILITY
    1. The User shall defend, indemnify and hold harmless the University against any and all claims, actions, proceedings, losses, damages, expenses and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with the User's possession or use of the Algorithm, or any breach of these licence terms by the User.
    2. The Algorithm and the Website are provided on an ‘as is’ basis and the User uses the Algorithm at their at their own risk. No representations, conditions, warranties or other terms of any kind are given in respect of the Algorithm and all statutory warranties and conditions are excluded to the fullest extent permitted by law. Without affecting the generality of the previous sentences, the University gives no implied or express warranty and makes no representation that the Algorithm: (a) will enable specific results to be obtained; or (b) meets a particular specification or is comprehensive within its field or that it is error free or will operate without interruption; or (c) is suitable for any particular, or the User's specific, purpose.
    3. Except in relation to fraud, and death or personal injury caused by negligence, the University will not be liable to the User in connection with the Algorithm or the Website, in negligence or arising in any other way, for: (a) any indirect or consequential damage or loss; or (b) for any loss of profits, loss of revenue, loss of data, loss of contracts or loss of opportunity, in each case whether direct or indirect.
    4. The User irrevocably undertakes to the University not to bring any claim against any employee, student, researcher or other individual engaged by the University, that seeks to enforce against any of them any liability whatsoever in connection with the Algorithm or the Website.
  3. GENERAL
    1. Severability - If any provision (or part of a provision) of these licence terms is found by any court or other body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions (or the other parts of that provision) shall remain in full force and effect.
    2. Entire Agreement - These licence terms constitute the entire agreement between the University and the User and supersede all previous arrangements, understandings and agreements between them relating to the Algorithm. The User acknowledges that it has not been induced to agree to these licence terms or to use the Algorithm or the Website by any representation, statement or warranty (whether oral, or in writing) made by or on behalf of the University and waives all claims for breach of any warranty and all claims for any misrepresentation, (negligent or of any other kind, unless made by the University fraudulently).
    3. Law and Jurisdiction - These licence terms and their validity and any dispute or claim arising out of or in connection with them or the Algorithm or the Website (including any non-contractual dispute or claim) shall be governed by, and shall be construed in accordance with, the laws of England and Wales. The User irrevocably submits to the exclusive jurisdiction of the English courts in respect of any dispute or claim that arises out of or in connection with these licence terms or the Algorithm or the Website.

If you are interested in using the Algorithm in a way not permitted by these licence terms, please contact Oxford University Innovation Limited to discuss obtaining an appropriate licence. Contact details are enquiries@innovation.ox.ac.uk quoting reference [17939].