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Licence for QCovid website users

These licence terms apply to all licences granted by OXFORD UNIVERSITY INNOVATION LIMITED (Company No. 2199542) whose registered office is at University Offices, Wellington Square, Oxford OX1 2JD, England ("Oxford") 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 ACCESS OR USE THE ALGORITHM.

THE ALGORITHM MAY BE USED ONLY IN GREAT BRITAIN BY CLINICALLY TRAINED PROFESSIONALS FOR THE PERMITTED PURPOSES SET OUT IN THIS LICENCE, 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;
  • MAKING TREATMENT DECISIONS FOLLOWING ADMISSION TO HOSPITAL;
  • PREDICTING OUTCOMES OF PATIENTS UNDER DIFFERENT TREATMENTS;
  • CARRYING OUT ANY RESEARCH WITH A VIEW TO COMMERCIALISING OR EXPLOITING THE ALGORITHM OR ANY DERIVATIVE WORK, VARIATION OR ADAPTATION OF THE ALGORITHM;
  • CREATING ANY DERIVATIVE WORK, VARIATION OR ADAPTATION OF THE ALGORITHM

IF THE USER WISHES TO INTEGRATE THE ALGORITHM INTO ANY PRODUCT PLEASE CONTACT OXFORD AT ENQUIRIES@INNOVATION.OX.AC.UK QUOTING QCOVID FOR A LICENCE TO THE CALCULATION ENGINE.

Oxford hereby grants the User a royalty-free, non-exclusive licence to use the Algorithm for the Permitted Purposes and on the terms and conditions as set out below.

Permitted Purpose(s)

This licence has been provided for the QCovid Online Risk Calculator R2V2, which is a clinical decision support tool intended to facilitate individualised discussions between clinically trained professionals and patients about COVID-19 risk, allowing patients to understand their risk and discuss actions that could be taken in the context of other important factors including local prevalence, risk appetite, occupation and personal circumstances.

The licence is limited to the following use cases:

  1. use in the course of clinical patient care with the intention of sharing the information with the patient to assess management options;
  2. in occupational health settings, for use to inform discussions between an employee and their employer regarding their occupational duties and appropriate precautionary or preventative steps; and
  3. use by researchers to gain new knowledge or insights or for peer review purposes.

Together the ('Permitted Purpose(s)')

Using the Algorithm under this licence

Use of the Algorithm indicates acceptance of the terms and conditions below. The User acknowledges that the Algorithm is a registered UK CA marked Class I medical device (software as a medical device) and has only been registered and certified for use as a medical device for specific uses set out in the Permitted Purposes.

The User must:

  • only use the Algorithm in connection with one or more Permitted Purpose(s);
  • comply with the Instructions for Use on the Website at https://qcovid.org/QCovidOnlineRiskCalculator-InstructionsForUse.pdf in relation to user identification, authentication and access to the Algorithm or the Website;
  • comply with all applicable laws and regulations relating to the use of the Algorithm and the Website (or either of them);
  • only use of the Algorithm on behalf of a third party or provide a service where the User agrees to provide such use of the Algorithm at cost of goods or cost of goods plus a reasonable capped profit margin to maximise the availability and accessibility of the Algorithm at reasonable cost during the Covid-19 Public Emergency Period until the world health organisation (WHO) declares that the current Covid-19 Pandemic has moved into a post-pandemic phase; and
  • ensure that, whenever the Algorithm is referred to in any peer review, research publication or other document or other material, the Copyright Notice "Copyright © 2021, Oxford University Innovation Limited" appears prominently.

These are important conditions of this licence and if the User fails to comply with them, the rights granted under this licence may end upon (i) receipt of written notice from Oxford specifying the issue, and (ii) the User failing to remedy within 45 days of the receipt of such written notice.

Oxford reserves the right, at any time and without liability and without giving notice to the User, to:

  • cease publishing the Algorithm;
  • revise, modify or replace the Algorithm;
  • change the operation of the Website;
  • deny or suspend access to the Algorithm and the Website (or either of them); and
  • change these licence terms.

The User acknowledges and agrees that Oxford 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).

The licence granted 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.

Non-endorsement

This licence does not grant the User any right to use the Algorithm in a way that suggests any official status or that Oxford specifically endorses the User’s use of the Algorithm.

Warranties and Liability

The Algorithm is licensed 'as is' and Oxford excludes all representations, warranties, obligations and liabilities in relation to Algorithm to the maximum extent permitted by law. Without affecting the generality of the previous sentences, Oxford 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.

Oxford is not liable for any errors or omissions in Algorithm and shall not be liable for any loss, injury or damage of any kind caused by its use. Oxford does not guarantee the continued supply of the Algorithm.

Except in relation to fraud, and death or personal injury caused by negligence, Oxford will not be liable to the User in connection with the Algorithm, 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.

The User shall defend, indemnify and hold harmless Oxford 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 by you of these licence terms and, in particular, any use by the User of the Algorithm outside of the Permitted Use.

The User irrevocably undertakes to Oxford not to bring any claim against any employee, student, researcher or other individual engaged by the University of Oxford, that seeks to enforce against any of them any liability whatsoever in connection with the Algorithm or the Website.

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.

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).

Governing Law

This licence is governed by the laws of the England and Wales and any dispute or claim arising out of or in connection with them or the Algorithm or this licence (including any non-contractual dispute or claim) shall be governed by, and shall be construed in accordance with, the laws of England and Wales.