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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 NOT ACCESS OR USE THE ALGORITHM.
THE ALGORITHM MAY BE USED ONLY IN GREAT BRITAIN FOR ACADEMIC RESEARCH OR
FOR THE PURPOSE OF PEER REVIEW.
THE ALGORITHM MUST NOT BE USED FOR ANY OF THE FOLLOWING:
-
DIAGNOSIS, PREVENTION, MONITORING, TREATMENT OR ALLEVIATION OF
DISEASE;
- 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
[email protected]
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 Purpose 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 research use only tool intended to facilitate academic research
into clinical risk prediction modelling for Covid-19.
The licence is limited to use by researchers to gain new knowledge or
insights or for peer review purposes.
(the 'Permitted Purpose').
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 only made available for the
specific use set out in the Permitted Purpose.
The User must:
- only use the Algorithm in connection with the Permitted Purpose;
-
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);
-
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 the 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 Purpose.
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.