End-User Licensing Agreement
Last Modified: 11 July 2021
- Some Innovators may make their Materials available only to the extent allowed by a certain Creative Commons License. In those situations, the Additional Terms of the Creative Commons License shall apply to your use of the Materials in addition to these Terms and Conditions.
- Open Therapeutics grants you a license to use the Technologies in accordance with the Creative Commons Attribution-Non-Commercial License [CC BY-NC 4.0 ShareAlike] (the “Creative Commons License”), the terms and conditions of which are incorporated here by this reference. The Creative Commons License can be found at https://creativecommons.org/licenses/by/4.0/legalcode.
- Under the Creative Commons License, you are free to adapt and share the Technologies for noncommercial purposes, but if you do so you must: (i) give the respective Innovator that provided the Technology appropriate credit, (ii) provide a link to the source material on the Site, (iii) provide a link to the Creative Commons License, and (iv) indicate if changes were made to the Technology ((i)-(iv) collectively, “Attribution”). Attribution allows others to correct errors and keep the Technologies current. You may give Attribution in any reasonable manner, but not in any way that suggests that the Innovator endorses you or your use. If you have any questions regarding Attribution, you can contact us at Info@OpenTherapeutics.org.
- Content. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, communications, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. “Open Therapeutics Content” includes all Content except for the User Content.
- User Content.
- All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, including adding new content to the Technologies (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, including intellectual property laws.
- By submitting User Content through the Services, you do not transfer any right, title or interest to any of your User Content. You or your licensors retain all rights to your User Content (including Technologies), subject to these Terms of Service and any Additional Terms. By submitting User Content, you agree Open Therapeutics may use such Content in ways it deems necessary.
- Submitting and Sharing Content.
- By Sharing any User Content, you represent and warrant that you may legally make such Content available to other users in a manner consistent with your Sharing of the User Content.
- By submitting any User Content through the Services, you hereby do and shall grant us a worldwide, unrestricted, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable, transferable and irrevocable license and right to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and the provision of the Services, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites, feeds, and printed materials), and including after your termination of your Account or the Services. You agree that this license includes a right for Open Therapeutics to make such Content available to other companies, organizations, or individuals with whom Open Therapeutics has relationships for the provision of services and to use such content in connection with the provision of those services. You understand that Open Therapeutics may (a) transmit or distribute the Content over various public networks and in various media; and (b) make such changes to the Content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. Under the license granted by you to Open Therapeutics herein, we shall be free to use any ideas or concepts contained in any User Content as set forth herein without further attribution, compensation or notice to you. You agree that this license shall permit Open Therapeutics to take these actions.
- For all User Content, including any additions of content to Technologies that you Share with such users, you also hereby grant each user of the Services a non-exclusive, perpetual license to access and display locally your User Content through the Site, Platform, and/or Services. For open source Technologies that you share with other users, you agree to allow users you have Shared such Technologies with to use such Technologies in a manner consistent with any Additional Terms you have attached to such Technologies. When a Technology is uploaded to the Services without Additional Terms or any other specifications or restrictions regarding use, you hereby agree to the designation of such Technology as being offered under the Creative Commons “CC BY” license. We strongly encourage that all content submitted for use through the Services be designated as “CC BY,” although we recognize that such a designation may not be possible for some cases. For more information about the CC BY license and other Creative Commons Licenses, please visit https://creativecommons.org/licenses.
- You represent and warrant that you have all rights to grant the above licenses to us and our users without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- Using Content.
- All Content, whether Open Therapeutics Content or User Content, shall only be used in accordance with these Terms of Service and, if applicable, any Additional Terms. In the event of a conflict, inconsistency, or difference regarding the rights granted from Innovators to other users, the specific Additional Terms will control (for example, for Technologies licensed under a Creative Commons License, you will have the rights set forth in the applicable Creative Commons License).
- You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk, and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be lawful or accurate.
- Open Therapeutics does not control the User Content. We reserve the right, but have no duty, to monitor User Content. You may find some Content to be offensive, harmful, inaccurate, or deceptive, or may face the risk of interacting with individuals under false pretenses. By using the Services, you agree to accept such risks and that Open Therapeutics (and Open Therapeutics’ officers, directors, agents, subsidiaries, joint ventures, and employees) is not responsible for any and all acts or omissions of users. Please use caution and common sense when using the Services or any Materials obtained through the Services.
- Notices and Restrictions. Open Therapeutics Content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- Use License. Open Therapeutics owns all rights, title, and interests in intellectual property rights in any contributions by its employees, any derivative works developed by Open Therapeutics and the compilations and collective works in the Technologies, including those works incorporating User Content (but not rights to User Content by itself). Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Open Therapeutics Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Open Therapeutics Content for other than purposes of using the Services is expressly prohibited without prior written permission from us.
- Availability of Content. We do not guarantee that any Content will be made available through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all; and (ii) to remove or block any Content from the Services. You agree that we have no responsibility or liability for the deletion or failure to store any Content and/or other material or data maintained or transmitted on or through this Website. You agree that we have no duty to preserve any Content, including your posts and communications.
Copyrighted Open Therapeutics (DMLP), http://www.dmlp.org, under Creative Commons Attribution-Noncommercial-ShareAlike 4.