The purpose of this agreement is to set out the terms and conditions whereby the e-ophtha-EX, and e-ophtha-MA databases and any ancillary components (e.g., data, software) provided therewith (individually as “Database” and collectively as “Databases”) are made available to and used by a User.
Access to and/or Use of one or more of the Databases by any individual or single entity is subject to unconditional acceptance of, and compliance with, all provisions of this License by such individual or entity.
Any party who does not accept all provisions of this License is prohibited from accessing or using any of the Databases.
This License Agreement (here as “License”) is made between
the TeleOphta Consortium, as defined in §12 below and herein is referred to as “Licensor” (Party of the first part), AND a User who accepts all provision of this License and herein is referred to as “Licensee” (Party of the second part). This License takes effect immediately upon the first access or use of any Database by a User.
THE FOLLOWING HAS BEEN AGREED:
Definitions
Database - This term refers to a library of fundus image subsets, each subset being a series of images associated with an individual patient and collected over a period of time. The library also includes copies of such images annotated to identify retinal pathologies.
Databases - One or more of the above defined entities defined as Database.
Scope of Use - The Databases shall be used only for non-commercial research, algorithm development, and teaching purposes ("Acceptable Uses"). All other uses, including without limitation commercial uses, are prohibited. It is hereby explicitly stated that this license excludes Licensee use of the Databases for commercial purposes.
Use - This term means access to and/or use of any of the Databases, access to the content of any such Databases, and, more generally, use thereof in accordance with this License.
User - Any party accessing or using the Databases and, therefore, subject to this License.
1. Rights Granted
a. License granted
The Licensor grants the Licensee a worldwide, non-exclusive, non-transferable license to Use the Databases for the full duration of this License.
The Licensee is not permitted to let out, sub-let, distribute, license, sub-license, or share the Databases in any other way.
The Licensor reserves the right to correct any errors that may affect the Databases but this does not imply an undertaking by the Licensor to provide any type
of assistance, maintenance, or associated services in respect of the Databases.
b. Rights to re-use the Databases
Under no circumstances is the Licensee permitted to re-use all or any of the Databases or any portion thereof, in any form whatsoever, for purposes other than
the Acceptable Uses (see Scope of Use definition).
The Licensor reserves the right to check, by any means, that each Database and its contents are being used in accordance with the terms of this License and are
not being reproduced.
c. Copyright
The Licensee is hereby informed that elements including, but not limited to, the architecture, presentation and layout of the Databases, are protected by the
Intellectual Property Code in France and, outside France, by international copyright agreements.
The Licensee has a simple user right to the Databases that permits the Licensee to access and consult the data within the strict limits set out in this
License.
As such, the Licensee has no right to reproduce, adapt, translate, or display the Databases in any way that does not fall within the strict limits set out in
this License.
The Licensee agrees to respect and not remove, hide, or mask from view any copyright, trademark, confidential or proprietary warning, mark, or caption appearing
on the Databases and to reproduce and include them on each authorised copy of the Databases.
d. Derivative work
The Licensee must not modify the Databases or create for commercial purposes a work deriving from the Databases without the Licensor's prior written consent.
2. Licensee's Citation of TeleOphta
The Licensee agrees to acknowledge the TeleOphta Consortium by including the following citation on all output and manuscripts the Licensee produces using the
Databases: “The databases e-ophtha EX, e-ophtha MA and e-ophtha DR are provided free of charge by the partners of the TeleOphta Consortium (see the website
http://cmm.ensmp.fr/Projects/TeleOphta/index.html).”
3. Term of License
This License will come into force from the time of Licensee's first acceptance of this License as denoted by Licensee's access or use of any of the Databases.
This License will continue in force for an indefinite period unless terminated as specified in §6.
4. Exclusions of Liability
Unless otherwise stipulated in a clause of this License, under no circumstances can the Licensor be held liable by any person or entity for direct, indirect,
incidental, special, or consequential damage, including but not limited to work stoppages, download interruptions, viruses, computer fault or malfunction, loss of
clientele, loss of profits, whether caused by or resulting in any way from any use of the Databases, or exercise of any of the rights granted under this License,
even if the possibility of such damage has been stated.
5. Warranties
Unless otherwise stipulated in a clause of this License, a Database is furnished as is, without warranty of any nature, explicit or tacit, relating namely to
the ownership rights to the Database, non-infringement of the Database and data contained therein, their merchantability and fitness for specific purposes.
The Licensee is solely responsible for determining how a Database is used. Hence, Licensee assumes all risks associated with exercising the rights granted to
him under this License, including but not limited to, the risk and cost of program errors; compliance with applicable laws; damage or loss of data, programs, or
hardware; and the non-availability of operations.
By express agreement between the parties, the Licensor is not bound by any obligation to provide the Licensee with advice about the data provided. Licensee is
solely responsible for determining Licensee's own requirements and the data he wishes to access.
Moreover, the Licensee hereby declares it accepts the nature and limits of an online service, and specifically acknowledges: that it is aware of the
unpredictability of online consultation, response time in particular, and that the Licensee is responsible for taking all necessary measures to ensure that the
technical features of his computer and/or IT network allow him to access the Databases. Licensee must specifically have read the minimum requirements for normal
use of the Databases and acknowledge that Licensee bears full responsibility for its Internet access.
6. Termination
The Licensor may terminate this License if the Licensee defaults on one or more of Licensee obligations. Licensor must first send the Licensee a Notice to
Perform ("Notice") by registered letter with an Acknowledgement of Receipt.
This License automatically terminates (i.e., ipso jure) without legal formality if the default condition(s) specified in the Notice is(are) not corrected
within thirty (30) days immediately following Licensee's receipt of said Notice.
In the case of termination of this License by Licensor or Licensee, and in all cases where Licensee voluntarily or involuntarily ceases its use of a Database,
the Licensee shall not:
- Copy any of the Databases, in whole or in part, or reproduce such with a view to passing it on to a third party and,
- In general, re-use, disclose, distribute in any form, translate, or adapt the data obtained within the strict limits of execution of this License, and
to refrain from using said data in any way that infringes the Licensor's rights.
7. Force Majeure
Both Parties will be excused from satisfying their obligations and will not be held responsible or liable for damages to the other Party, if the non-execution
is due to an event of force majeure, as provided for in Article 1148 of the French Civil Code, and its case law applications.
8. Non-assignability
The Licensee may not transfer or assign this License, in part or full, free of charge or in return for payment. This License may not be made available or
sub-licensed, even without payment, as a result of events including, but not limited to, disposals, mergers, de-mergers, partial contributions of assets, transfers
of all assets and liabilities, or contributions of capital.
9. Applicable Law
This License and any disputes arising from the performance or interpretation of the License are governed by French law.
10. Dispute Resolution
The Parties shall attempt to resolve their differences amicably. If the disagreement should persist, the French courts will have jurisdiction.
11. Languages
This License has been drawn up in two versions, one in French and the other in English. In the event of an interpretation issue, the French version will
prevail.
12. The TeleOphta Consortium
The TeleOphta Consortium comprises the parties listed below:
- Association pour la Recherche et le Développement des Méthodes et Processus Industriels
[Association for the Research and Development of Industrial Methods and Processes], declared in accordance with the law of 1st July 1901, and whose registered office is at 60, Boulevard Saint-Michel, 75272 Paris Cedex 06,
Acting through the Centre de Morphologie Mathématique [Centre for Mathematical Morphology], a joint research centre of ARMINES and the ÉCOLE NATIONALE SUPERIEURE DES MINES DE PARIS [National Mining Academy of Paris], represented by Mr Philippe Le Bozec; Assistant Director
- The Assistance Publique - Hôpitaux de Paris, a public health Institution whose headquarters are located at 3 avenue Victoria 75184 Paris - Cedex 04,
represented by its Managing Director, and by delegation, by Mr Christophe Misse, Director of Clinical Research and Development (DRCD), hereinafter “AP-HP”
- Télécom Bretagne, a national public administrative institution established under Decree no. 96-1177 of 27 December 1996, amended by
Decree no. 2009-1136 of 21 September 2009, represented by Mr Paul Friedel, Director of Télécom Bretagne, domiciled at Technopôle de
Brest-Iroise, CS 83818, 29238 BREST Cedex 3, registered under SIRET 180 092 025 00030
Télécom Bretagne, acting both in its own name and on behalf of, and to implement the activities of, the Laboratoire de Traitement de l'Information
Médicale [Medical Information Processing Laboratory] (LaTIM UMR1101 INSERM),
- ADCIS SA, a commercial developer of image understanding software, with offices located at 3 rue Martin Luther King, 14280 Saint-Contest, represented by
Mr Bruno LAŸ, Chief Executive Officer.
THIS LICENSE AGREEMENT SERVES AS EVIDENCE OF YOUR LICENSE.
PLEASE TREAT IT WITH DUE RESPECT.
