for Personal Non-commercial Use of WHO Classifications and Systematized Nomenclature of Medicine (SNOMED) for the Development and Testing of Linkages
Carefully read the following terms and conditions and click accept button to acknowledge your agreement.
Agreement with the World Health Organization
1. By accepting the terms and conditions in this Licence and Contribution Arrangement, you, as an individual, are authorized to use WHO Classifications for the purposes of developing and testing "Linkages" and "Collaborative Work Products" in order to enable users of SNOMED CT and WHO Classifications to use both jointly and interoperably .
2. 'WHO Classifications' are the intellectual property of World Health Organization (WHO). WHO reserves the right to change the format and content of its products.
3. You are granted a non-exclusive, non-assignable and non-sublicensable Licence to use the WHO Classifications for non-commercial research and analysis in order to develop and test linkages between them.
4. You agree to be bound by the following conditions:
a. You agree to use the WHO Classifications only for developing and testing Linkages and Collaborative Work Products with SNOMED CT.
b. You agree not to take any steps to create a copy, replacement or substitute of the WHO Classifications.
c. You agree not to incorporate WHO Classifications in any publicly accessible computer-based systems.
d. You agree not to develop a third party product containing the WHO Classifications.
e. You agree that you will not transfer your Licence to any third party.
f. You warrant that you have the right to assign the intellectual property in any contributions made to IHTSDO and the WHO.
g. In case of concerns regarding the above (a to f) you agree to contact WHO to obtain additional appropriate license(s).
5. You are invited to propose Linkages and/or Collaborative Work Products between WHO Classifications and SNOMED CT. By submitting your work, you assign the intellectual property of all contributions made to proposed Linkages, Collaborative Work Products, SNOMED CT, and WHO Classifications to WHO and IHTSDO. WHO and IHTSDO will jointly hold the copyright of the Linkages, Collaborative Work Products, and any other contributions. These Linkages and Collaborative Work Products, which are international public goods, will improve the utility and joint use of WHO Classifications and SNOMED CT.
6. You agree that you will not transmit your work provided under this Licence and Contribution Arrangement other than to WHO and IHTSDO.
7. Your use of the WHO Classifications does not imply any endorsement by WHO of your work.
8. You agree not to claim any copyright, or to apply for any trademark or service mark for a product name containing either the acronym or the full title of the WHO Classifications (including ICD, ICF, and others) or SNOMED CT.
9. You waive any moral rights you may have with regard to your contribution.
10. This Licence and Contribution Arrangement does not create a joint venture, partnership, agency or other relationship between you and the World Health Organization.
11. The information on the web site is provided "as is" without warranty of any kind. In no event will the WHO or IHTSDO be liable to you for any damages, including any lost profits, lost savings or incidental or consequential damages arising out of the use or inability to use any information provided on this website. This website is for scientific use only for establishing linkages and WHO disclaims responsibility for any consequences or liability attributable to or related to any use, non-use, or interpretation of information contained or not contained in this website.
12. This Licence and Contribution Arrangement will terminate if WHO and IHTSDO no longer needs contributions under this arrangement or if you breach its terms; in this case WHO reserves the right to block your access to this site. Upon termination, you agree to destroy any copies or backups of this information.
13. Every effort will be made to resolve amicably any matter that may arise concerning this Licence and Contribution Arrangement or issues related thereto. In the unlikely event an amicable resolution cannot be found, the matter will be resolved by conciliation or by arbitration in accordance with the UNCITRAL Arbitration Rules, with the arbitral award being final. Nothing in or relating to this Licence shall be deemed a waiver of any of the privileges and immunities of WHO in conformity with the Convention on the Privileges and Immunities of the Specialized Agencies approved by the General Assembly of the United Nations on November 21, 1947 or otherwise under any national or international law, convention or agreement.
Agreement with the IHTSDO
SNOMED CT Developer's Licence Agreement for IHTSDO/WHO Collaboration
This Agreement is made on the date that the "accept both agreements" button is clicked (the "Effective Date") between:
(1) The International Health Terminology Standards Development Organisation FMBA (CVR No. 30363434) (the "IHTSDO"); and
(2) The individual identified below (the "Developer").
1. Defined Terms
In this Agreement, the following terms have the following meanings:
"Agreed Work Plan" means a work plan that has been agreed by the Joint Coordination Group (as defined in the Collaboration Arrangement) in accordance with the procedures set out in the Collaboration Arrangement;
"Collaboration Arrangement" means the Collaboration Arrangement dated 19. May 2010 between the IHTSDO and the WHO;
"Developments" means any records, reports, documents, papers, drawings, designs, transparencies, photos, graphics, logos, typographical arrangements, software and other materials, inventions, ideas, discoveries, developments, improvements and innovations created or developed by the Developer in exercising his/her rights under this Agreement or performing work under any Agreed Work Plan, and includes without limitation any SNOMED CT Content, SNOMED CT Specification, WHO Classification Content and Collaborative Work Product;
"Intellectual Property Rights" means patents, trade marks, service marks, copyright (including rights in computer software), moral rights, database rights, rights in designs, trade secrets, know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection that have an equivalent or similar effect in any jurisdiction;
"Collaborative Work Product" has the same meaning as in the Collaboration Arrangement;
"SNOMED CT" means the concept-based work of clinical nomenclature and classification with multiple hierarchies and semantic definitions known as SNOMED Clinical Terms (SNOMED CT);
"SNOMED CT Content" means terminological content of SNOMED CT, as more fully defined in the IHTSDO's standard Affiliate Licence Agreement (available at the IHTSDO's web site at http://www.ihtsdo.org/);
"SNOMED CT Specification" means a specification for products and processing related to SNOMED CT, including specifications of the internal logic of SNOMED CT, editorial policies, guidelines and characteristics;
"use" means to load, execute, store, transmit and display, and to copy for the purposes of loading, execution, storage, transmission or display;
"WHO Classification Content" means classification content of WHO Classifications (i.e. codes, titles, definitions, inclusion, exclusion and index terms), as listed in Annex 1 Part A: WHO Classifications owned by WHO of the Collaboration Arrangement; and
"WHO" means the World Health Organisation.
2. Developer's Acknowledgements and Representations and Warranties
2.1 The Developer acknowledges receipt of a copy of the Collaboration Arrangement and confirms having read and understood the terms of the Collaboration Arrangement before signing this Agreement.
2.2 The Developer represents and warrants to the IHTSDO that:
(a) all Developments will be entirely his/her own original work;
(b) he/she has the necessary power and authority to enter into this Agreement and to perform his/her obligations under this Agreement (including, without limitation, the assignments of Intellectual Property Rights provided under this Agreement); and
(c) he/she has not already assigned any of the Intellectual Property Rights in any Developments to any other person.
2.3 The Developer acknowledges that no licence in respect of any WHO Classification is granted under this Agreement, and that the Developer will be required to enter into a separate agreement with the WHO in order to use any WHO Classification for any purpose connected with the Collaboration Arrangement.
3. Term
3.1 The term of this Agreement is one (1) year from the Effective Date unless extended in accordance with Clause 3.2 or terminated in accordance with Clause 7.
3.2 The IHTSDO may, in its sole discretion, extend the term of this Agreement for one or more periods specified by the IHTSDO. An extension of the term of this Agreement is not valid unless in writing and issued by a duly authorised representative of the IHTSDO.
4. Licence to SNOMED CT
4.1 The IHTSDO grants the Developer a non-exclusive, worldwide, royalty-free licence to use the International Release of SNOMED CT during the term of this Agreement for the sole purpose of the Developer developing and/or testing Collaborative Work Products, SNOMED CT Content, SNOMED CT Specifications and/or WHO Classification Content, provided that the development and/or testing is wholly within the scope of, and carried out in accordance with, an Agreed Work Plan.
4.2 The licence granted under Clause 4.1 may not be assigned or otherwise transferred, and does not include the right to grant any sub-licence.
5. Use of Developments
5.1 The Developer may use Developments only for the sole purpose of the Developer carrying out tasks that have been delegated to the Developer by the IHTSDO or the WHO and that are wholly within the scope of, and are carried out in accordance with, an Agreed Work Plan.
5.2 The Developer may share any Developments with the IHTSDO and with the WHO and (subject to Clause 5.3) with third parties who have entered into an agreement with the IHTSDO on the same terms as this Agreement, but may not otherwise distribute or make available any Development (or any part of any Development) to any person.
5.3 Any Development (or any part of any Development) made available by the Developer to any third party (other than the IHTSDO or the WHO) must include the following disclaimer: "This content was developed under the SNOMED CT Developer's License Agreement connected with the IHTSDO/WHO Collaboration Arrangement. This content may not be used or distributed except for the purposes of a collaboration under that Collaboration Arrangement. For more information, please contact the International Health Terminology Standards Development Organisation (IHTSDO).".
6. Ownership of Intellectual Property Rights in Developments
6.1 All Developments shall be the jointly-owned property of the IHTSDO and the WHO.
6.2 The Developer hereby assigns to the IHTSDO and the WHO, to be held by them jointly, all of the Developer's right, title and interest in and to all Intellectual Property Rights in all Developments. If there is any Intellectual Property Right in any Development that does not exist as at the Effective Date but that comes into existence at a future date, the assignment under this Clause 6.2 will have effect as a present assignment of that future Intellectual Property Right.
6.3 An assignment of Intellectual Property Rights under Clause 6.2 includes all rights and benefits relating to the assigned Intellectual Property Rights. This includes, without limitation, the right to sue for damages and to claim any other remedy or relief in respect of any infringement or unauthorised use of those Intellectual Property Rights that occurred before the date of the assignment.
6.4 The Developer waives, and agrees to ensure that every other author of the Developments waives, all moral rights in the Developments and, to the extent that it is legally possible, any equivalent or similar rights in any territory of the world. The Developer's waiver of moral rights under this Clause 6.4 is unconditional and may not be revoked, and the Developer must ensure that the waiver by each other author is also unconditional and irrevocable.
6.5 The Developer agrees not to register or attempt to register any Intellectual Property Rights in any of the Developments unless the IHTSDO requests it to do so.
6.6 The Developer will, if the IHTSDO requests, promptly provide to the IHTSDO all documents, papers and records on all media (including all copies and abstracts of them) that are in the Developer's possession and that record or relate to the Developments or their creation.
6.7 The Developer will, if the IHTSDO or the WHO requests, and at the expense of the IHTSDO or the WHO (as applicable), sign all documents and do all other things necessary to give effect to the assignment of Intellectual Property Rights in any Development under Clause 6.2.
6.8 The Developer will provide all co-operation, information and assistance reasonably requested by the IHTSDO or the WHO in connection with the IHTSDO or the WHO (as applicable) bringing or defending any claim, action or demand in relation to any of the Developments (including the Intellectual Property Rights in any Development), subject to the IHTSDO or the WHO (as applicable) reimbursing the Developer's reasonable expenses incurred in providing that co-operation, information or assistance.
7. Termination
7.1 The IHTSDO may terminate this Agreement by giving written notice to the Developer if the Developer commits a material breach of this Agreement which is either incapable of being remedied within thirty (30) days or is not remedied within thirty (30) days from receipt by the Developer of a written notice requiring the Developer to remedy the breach.
7.2 Upon expiry of the term of this Agreement, or the termination of this Agreement for any reason, all licences and other rights granted to the Developer under this Agreement shall automatically terminate.
7.3 Upon expiry of the term of this Agreement, or the termination of this Agreement for any reason, the Developer shall remove all copies of the International Release of SNOMED CT, CollaborativeWork Products and all software, documents, data and other materials the Intellectual Property Rights in which belong to the IHTSDO, from his/her computer systems and destroy all copies of electronic, paper copy and other media containing or representing any part of them. The Developer shall, if requested by the IHTSDO, certify in writing to the IHTSDO that the Developer has complied with his/her obligations under this Clause 7.3.
7.4 Clause 7.3 does not apply to the International Release of SNOMED CT if, upon expiry or termination of this Agreement (as applicable), the Developer is entitled to use the International Release of SNOMED CT under a separate agreement with the IHTSDO.
8. No Representations or Warranties for SNOMED CT
8.1 The International Release of SNOMED CT is provided 'as is'. To the maximum extent permitted by law, the IHTSDO excludes all representations, warranties and conditions that would otherwise be implied by law in this Agreement (including, without limitation, all implied warranties of merchantability or fitness for a particular purpose).
8.2 Without limiting Clause 8.1, the IHTSDO does not represent or warrant that the International Release of SNOMED CT or any part of it will satisfy any of the Developer's requirements, operate in combinations selected by the Developer or be free from defects or errors.
9. Limitations and Exclusions of Liability
9.1 To the maximum extent permitted by law, each party excludes all liability for any loss or damage arising under or in connection with this Agreement, whether arising in contract, tort (including negligence), misrepresentation or otherwise and irrespective of whether that party was advised or aware of the possibility of that loss or damage occurring.
9.2 Nothing in this Agreement:
(a) excludes or limits the liability of either party for fraud (including fraudulent misrepresentation);
(b) excludes or limits the liability of either party for death or personal injury caused by the negligence of that party;
(c) excludes any other liability that cannot lawfully be excluded; or
(d) limits any other liability beyond the extent to which that liability can lawfully be excluded.
10. Miscellaneous Provisions
10.1 This Agreement may not be varied except by a written agreement that is signed by both the IHTSDO and the Developer and is expressed to vary this Agreement.
10.2 This Agreement may be executed in any number of counterparts, each of which is an original and all of which when taken together shall constitute one and the same agreement.
11. Governing Law and Jurisdiction
11.1 This Agreement shall be governed by and interpreted in accordance with English law.
11.2 The English courts shall have exclusive jurisdiction to settle any dispute, controversy or claim arising under or in connection with this Agreement.
For both agreements, you acknowledge that:
you have read these Licences and Contribution Arrangements,
you have understood them entirely
you agree to be bound by their terms and conditions.
This Licences and Contribution Arrangements shall be effective upon acceptance by clicking on accept button.
(WHO and IHTSDO will keep the personal information you provide as part of the registration process secure and will not share with third parties)
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