Ottawa Hospital Research Institute

Licence terms for access to the SCRiPS Algorithm

These licence terms apply to all licences granted by THE OTTAWA HOSPITAL RESEARCH INSTITUTE whose administrative offices are at 501 Smyth Road, Ottawa, Ontario, K1H 8L6 Canda ("the Institute") for use of or access to the SCRiPS Algorithm ("the SCRiPS Algorithm") through this website.

By requesting access to the SCRiPS Algorithm through this Website http://scrips.ohri.ca ("the Website"), you ("the User") agree that your use of the SCRiPS Algorithm is subject to these licence terms and that you will use the SCRiPS 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 request access and you must not use the algorithm.

ACADEMIC AND NOT-FOR-PROFIT USE LICENCE
1. The User is granted a worldwide, royalty-free, non-sublicensable, non-exclusive license and right to:
  1. use, reproduce, display, perform in public, distribute, disseminate, communicate, import and make accessible to the public the SCRiPS Algorithm for academic, public health, and not-for-profit purposes, including but not limited to publication in peer-reviewed, research or scientific journals, books and websites; and
  2. create derivative works, translations, variations, modifications and adaptations (“Derivative Works”) of the SCRiPS Algorithm for academic, public health, and not-for-profit purposes.
ADDITIONAL TERMS AND RESTRICTIONS
1. The User agrees to:
  1. comply with the procedures on this Website in relation to User identification, authentication and access to the SCRiPS Algorithm or the Website;
  2. bensures that, whenever the SCRiPS Algorithm is referred to in any peer review, research publication or other document or other material, the Copyright Notice "Copyright © 2020, The Ottawa Hospital Research Institute" appears prominently;
  3. apply the principles of the Montreal Declaration for Responsible AI, to the extent possible, when using the using the SCRiPS Algorithm or any Derivative Works; and
  4. use the SCRiPS Algorithm and Derivative Works in compliance with all applicable laws and regulations.
2. The User agrees not to:
  1. commercialize or monetize access to, or the use of, the SCRiPS Algorithm or Derivative Works; and
  2. use the SCRiPS Algorithm or Derivative Works to provide services.
3. The Institute reserves the right, at any time and without liability and without giving notice to the User, to:
  1. cease publishing the SCRiPS;
  2. revise, modify or replace the SCRiPS Algorithm;
  3. change the operation of the Website; and
  4. deny or suspend access to the SCRiPS Algorithm and the Website (or either of them).
4. The Institute reserves the right, at any time and without liability, to change these licence terms.
5. The User acknowledges and agrees that the Institute owns any and all intellectual property rights in the SCRiPS Algorithm
6. The licence granted in clause 1 above will terminate automatically and immediately, and the User will no longer have any right to use the SCRiPS Algorithm, on any breach of the licence terms.
INDEMNITY AND LIABILITY
1. The User shall defend, indemnify and hold harmless the Institute 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 SCRiPS Algorithm or Derivative Works, or any breach of these licence terms by the User.
2. The SCRiPS Algorithm and the Website are provided on an ‘as is’ basis and the User uses the Algorithm at their at their own risk. No representations, conditions, warranties or other terms of any kind are given in respect of the SCRiPS Algorithm and all statutory warranties and conditions are excluded to the fullest extent permitted by law. Without affecting the generality of the previous sentences, the Institute gives no implied or express warranty and makes no representation that the SCRiPS 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.
3. To the extent allowable by law, the Institute will not be liable to the User in connection with the SCRiPS Algorithm or the Website, 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.
4. The User irrevocably undertakes to the Institute not to bring any claim against any employee, student, researcher or other individual engaged by the Institute, that seeks to enforce against any of them any liability whatsoever in connection with the SCRiPS Algorithm or the Website.
GENERAL
1. 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.
2. Entire Agreement - These licence terms constitute the entire agreement between the Institute and the User and supersede all previous arrangements, understandings and agreements between them relating to the SCRiPS Algorithm. The User acknowledges that it has not been induced to agree to these licence terms or to use the SCRiPS Algorithm or the Website by any representation, statement or warranty (whether oral, or in writing) made by or on behalf of the Institute 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 Institute fraudulently).
3. Law and Jurisdiction - These licence terms and their validity and any dispute or claim arising out of or in connection with them or the SCRiPS Algorithm or the Website (including any non-contractual dispute or claim) shall be governed by, and shall be construed in accordance with, the laws of the Province of Ontario and the laws of Canada in force therein. The User irrevocably submits to the exclusive jurisdiction of the courts of Ontario in respect of any dispute or claim that arises out of or in connection with these licence terms or the Algorithm or the Website.

If you are interested in using the Algorithm in a way not permitted by these licence terms, please contact the Institute Technology Transfer Office to discuss obtaining an appropriate licence. Contact details are tto@ohri.ca quoting reference [SCRiPS].