LICENCE TERMS FOR ACCESS TO SOFTWARE
FOR ACADEMIC USE
These licence terms apply to all licences granted by THE CHANCELLOR, MASTERS AND
SCHOLARS OF THE UNIVERSITY OF OXFORD whose administrative offices are at office
at University Offices, Wellington Square, Oxford OX1 2JD, United Kingdom (the
“University”) for use of or access to the MERLIN
which supports the identification of new biomarkers (“the Software”) through
this website http://www.microc.org (the”Website”).
By requesting a user name and
password to access the Software through the Website, you (the “User”) are
confirming that you agree that your use of the Software is subject to these
licence terms. In providing information for a user name and password you are confirming
that you agree to your personal data being used in accordance with the
University's Privacy Policy https://www1.admin.ox.ac.uk/councilsec/compliance/dataprotection/universitypolicyondataprotection/.
PLEASE READ THESE LICENCE
TERMS CAREFULLY BEFORE USING THE SOFTWARE THROUGH THIS WEBSITE. IF YOU DO NOT AGREE TO
THESE LICENCE TERMS YOU SHOULD NOT REQUEST A USER NAME AND PASSWORD OR USE THE
DATABASE OR THE SOFTWARE.
THIS WEBSITE, THE DATABASE AND
THE SOFTWARE ARE INTENDED FOR ACADEMICS CARRYING OUT RESEARCH AND NOT FOR USE
BY CONSUMERS OR COMMERCIAL BUSINESSES.
1.
Academic Use Licence
1.1
The User
is granted a limited non-exclusive
and non-transferable royalty free licence to access and use the Software provided
that the User will:
(a)
limit
their use of the Software to their own internal academic non-commercial
research
which is undertaken for the purposes
of education or other scholarly use;
(b)
not
use the Software for or on behalf of any third party or to provide a service or integrate all
or part of the Software into a product for sale or license to third parties;
(c)
use
the Software in accordance with the prevailing instructions and guidance for
use given on the Website and comply with procedures on the Website for user identification,
authentication and access;
(d)
comply
with all applicable laws and regulations with respect to their use of the Software;
(e)
except
to the extent expressly permitted under these terms, not attempt to: reverse
compile, disassemble or copy, modify, duplicate, create derivative works from,
frame, mirror, republish, download, display, transmit, or distribute all or any
portion of the Software or Website in any form or media or by any means; and
(f)
ensure
that the Copyright Notice “Copyright © 2018,
University of Oxford” appears prominently wherever results from the Software are
used, and is referenced or cited with the Copyright Notice when the Software is
described in any research publication or on any documents or other material
created using the Software.
1.2
the
University reserves the right at any time and without liability or prior notice
to the User to revise, modify and replace the functionality and performance of
the access to and operation of the Software.
1.3
The User
acknowledges and agrees that the University owns all intellectual property
rights in the Software. The User shall not have any right, title or interest in
or to the Database contents or any results or other output from the Database or the Software.
1.4
This
Licence will terminate immediately and the User will no longer have any right
exercise any of the rights granted to the User upon any breach of the
conditions in Section 1.1 of this Licence.
2.
Submission of Data
2.1
The User
will only submit data to the Database that they are entitled to submit and will
not send to the Database any information that they wish to keep confidential or
that is Personal Information as defined under the Data Protection Act 1998.
3.
Indemnity and Liability
3.1
The User
shall defend, indemnify and hold harmless the University against any 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 Software, or any breach of these
terms by the User.
3.2
The Software
are provided
on an ‘as is’ basis and the User uses the Software at their own risk. No representations, conditions,
warranties or other terms of any kind are given in respect of the Software 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 Software or any part of them:
(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 purposes.
3.3
Except in relation to fraud, death or personal injury,
the University's liability to the User for any use of the Software, in negligence or
arising in any other way out of the subject matter of these licence terms, will
not extend to any incidental or consequential damages or losses, or any loss of
profits, loss of revenue, loss of data, loss of contracts or opportunity,
whether direct or indirect.
3.4
The User hereby irrevocably undertakes to the
University not to make any claim against any employee, student, researcher or
other individual engaged by the University, being a claim which seeks to
enforce against any of them any liability whatsoever in connection with this agreement
or its subject-matter.
4.
General
4.1
Severability - If any provision (or part of a provision) of
these licence terms is found by any court or administrative body of competent
jurisdiction to be invalid, unenforceable or illegal, the other provisions
shall remain in force.
4.2
Entire Agreement - These licence terms and any documents
referred to in them, constitute the whole agreement between the parties and
supersede any previous arrangement, understanding or agreement between them
relating to the Software.
4.3
Law and Jurisdiction - These licence terms and any disputes or
claims arising out of or in connection with them shall be governed by, and
construed in accordance with, the law of England. The User irrevocably submits
to the exclusive jurisdiction of the English courts for any dispute or claim
that arises out of or in connection with these licence terms.
If you are interested in using the Software commercially, please contact
Oxford University Innovation Limited to negotiate a licence. Contact details
are enquiries@innovation.ox.ac.uk quoting
reference 13519.