WAPPS-Hemo

IMPORTANT - PLEASE READ CAREFULLY: This is an Agreement to access and use the Website and is a legally binding agreement between you and McMaster University ("McMaster"). By accessing or using the Website and the Materials, as defined in section 2.1 below, you are agreeing to the terms below (INCLUDING SECTION 5.3 BELOW). You agree to comply with the terms and that the terms control your relationship with McMaster. Please read all the terms carefully. If you use the Website and/or the Materials in conjunction with other products or services, then the terms for those other products or services will also apply. If you do not agree to the terms of this Agreement, you are not authorized to use the Website and must not access and/or use the Website and/or the Materials in any capacity.

TERMS OF USE
  1. ACCOUNT AND REGISTRATION
    1. You may not use the Website or the Materials and may not accept the terms of this Agreement if (a) you are not of legal age to form a binding contract with McMaster, or (b) you are a person barred from using or accessing a website similar to this Website or using or accessing materials and documents similar to the Materials, under the applicable laws of Canada or other countries including the country in which you are resident or from which you use the Website and/or the Materials.
    2. If you are using the Website and/or the Materials on behalf of an entity, you represent and warrant that you have authority to bind that entity to this Agreement and by accepting this Agreement, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
    3. When creating an account for use of the Website and the Materials, you need to create a unique username and choose a password, the username you create is the only name associated with your account. Use of the Website and/or the Materials through your credentials is for your use by you only. You must not make the Website and/or the Materials available to any other person or entity or allow any other person or entity to access and/or use the Website and/or Materials using your credentials.
  2. OWNERSHIP
    1. You acknowledge that McMaster owns all right, title and interest in the copyright and all other intellectual property rights to the Website, including, but not limited to, any content, materials, results that are found on or provided by the Website, as a result of any data, including but not limited to Patient Data, that may be provided by you, and individual pharmacokinetic reports and any other treatment regimen simulation generated from Patient Data that may be provided by you (the "Materials"). McMaster does not grant you any ownership interest in the Website, and/or the Materials and only grants you permission to access and use the Website and/or the Materials in accordance with the terms of this Agreement. No rights, title or interest in or to any official mark, trade-mark, service mark, logo or trade name of McMaster is granted to you under this Agreement.
  3. AUTHORIZED USES
    1. Provided you comply with all the terms and conditions of this Agreement, McMaster grants you a non-exclusive, non-transferable, revocable, license for access and use of the Website and/or the Materials for personal, non-commercial purposes only. For any other use, including any research purpose, you will need to enter into a separate agreement with McMaster. "Personal" for the purposes of this Agreement shall mean use by health care professionals with the understanding that health care professionals will use the Website and/or the Materials for their patients and are therefore entitled to share the reports and other materials generated by the website with the appropriate patients under their own responsibility and as they feel appropriate.
  4. PROHIBITED USES
    1. You must not:
      1. sell, download, print, distribute, reproduce, rent, modify, adapt, reverse engineer, translate, make available to anyone other than you, or otherwise distribute copies of the Website and/or the Materials. This does not apply to sharing printed reports of individual pharmacokinetic reports or treatment regimens with the appropriate patients under your discretion and sole responsibility, as you deem appropriate;
      2. include the Website and/or the Materials as a component of a commercial product or use the Website and/or the Materials for performing research (whether commercial, or non-commercial, funded or non-funded) or other non-personal uses;
      3. publicly perform or display the Website and/or the Materials, including making the Website and/or the Materials available for download to anyone else on any computer system or network using your own personal credentials. This does not apply to showing on screen reports of individual pharmacokinetic reports or treatment regimens with the appropriate patients under your own discretion and sole responsibility, as you deem appropriate. Nor does it apply to advocating the Website to other potential users, and to broadening of the Web Accessible Population Pharmacokinetic Service ("WAPPS") user community;
      4. remove or obscure any copyright, trade-mark or other proprietary notices from Website and/or the Materials;
      5. otherwise use the Website and/or the Materials on behalf of any third party, with the exclusion of patients under your care as appropriate;
      6. use the Website and/or the Materials to create, develop, distribute or market any product, application or service that is competitive to McMaster and/ or its affiliates (to be determined at McMaster's sole discretion);
      7. defame, abuse, harass, stalk, or threaten others;
      8. transfer the Website and/or the Materials to any ad network, ad exchange, data broker, or other advertising or monetization-related toolset or to any other service; or
      9. use the Website and/or the Materials in any manner that makes the Website and/or the Materials available to any third party, in whole or in part, with use of your own credentials.
  5. DISCLAIMER OF WARRANTIES
    1. The Website and the Materials have been developed at McMaster. McMaster is providing you the Website and the Materials "as is" with all faults and without warranty of any kind, either express or implied.
    2. McMaster expressly disclaims and excludes all warranties and representations expressed or implied, including but not limited to, any implied warranties that the Website or the Materials are merchantable, accurate or fit for a particular purpose. McMaster does not warrant that the Website or the Materials will meet your requirements or that the access and/or use of the Website and the Materials will produce a desired result, or that the Website or the Materials will operate uninterrupted, or error free or that any defects in the Website or the Materials will be corrected. McMaster does not warrant that the use of the Website or the Materials will not infringe any patent, copyright or trade-mark or other rights.
    3. THE INDIVIDUAL PHARMACOKINETIC REPORTS AND ANY OTHER TREATMENT REGIMEN SIMULATION OR INFORMATION PROVIDED THROUGH THIS WEBSITE ARE THE BEST ESTIMATE OBTAINED ON THE BASE OF THE DATA YOU PROVIDED AND WAPPS POPULATION MODELS. ERRORS OR IMPRECISION IN THE DATA PROVIDED AND/OR THE MODELS AND/OR THE ESTIMATION PROCESS CANNOT BE COMPLETELY EXCLUDED. THEREFORE, ANY USE OF THE MATERIALS AND/OR WEBSITE REQUIRES YOUR OWN CLINICAL JUDGMENT AND IS YOUR SOLE RESPONSIBILITY. IN THE EVENT THAT YOU DECIDE TO SHARE ANY MATERIALS WITH YOUR PATIENTS, ON PAPER OR VIA ANY DEDICATED WEBSITE OR MOBILE APP, IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR PATIENT (OR THEIR LEGAL CUSTODIAN, WHERE APPLICABLE) UNDERSTANDS THE MATERIALS PROVIDED, AND ITS LIMITATIONS.
  6. ASSUMPTION OF RISK
    1. You assume all risk and responsibility for the selection, installation, use, quality, performance and results obtained from the Website and the Materials.
    2. McMaster cannot guarantee the continued availability of the Website and/or the Materials, and may cease providing the Website and/or the Materials, if for example and without limitation, McMaster is unable to host the Website and/or the Materials on McMaster servers, in a manner acceptable to McMaster or the business model changes for the use and access of the Website and/or the Materials. Should McMaster cease providing the Website and/or the Materials, you agree and acknowledge that your access and use may stop immediately, without any forewarning or any notification to you.
  7. PATIENT DATA
    1. You agree and acknowledge that you have appropriately informed your patients, and/or obtained their consent where mandated by any locally applicable regulation, about uploading any patient data required by the website, including as but not limited to any patient identifier such as the patient e-mail address, day, month and year of birth, the patient baseline factor level, data on the infusion, concentrate name, total dose administered, blood type, body weight (kg), height, infusion day, time, duration, any number of plasma samples, measured in your routine laboratory (the "Patient Data"). You agree and acknowledge that you have appropriately informed your patients Patient Data uploaded on the WAPPS Website may be used for modeling and research purposes after appropriate de-identification procedures. Patients retain the right to erasure where applicable.
  8. LIMITATION OF LIABILITY
    1. In no event will McMaster be liable to you or any other person, including but not limited to any of your patients or entity, for any damages of any kind, including lost profits, data, business interruption or special, incidental or consequential damages, in any way arising out of or in connection with the use or performance of the Website, the Materials or the Patient Data, even if McMaster has been advised of the possibility of such damages.
    2. McMaster does not accept any responsibility for your use of the Website and/or the Materials, nor for any reliance which you may place on any information given in connection or derived from the Website and/or the Materials.
  9. INDEMNITY
    1. In consideration for the benefit obtained under this Agreement, you indemnify McMaster, and every other employee and student of McMaster (the "Indemnified Parties"), and keep them fully and effectively indemnified, against each and every claim made against any of the Indemnified Parties as a result of your use of the Website and/or the Materials and your use of Patient Data, works or information received from them pursuant to the terms of this Agreement. The liability of McMaster for any breach of this Agreement, any negligence or arising in any other way out of the subject matter of this Agreement, the Website and/or the Materials, or use of Patient Data, will not extend to any indirect damages or losses, or any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect, even if McMaster has been advised of the possibility of those losses, or if they were within your contemplation.
  10. THIRD PARTY RIGHTS
    1. The Website or the Materials may be dependent on programs, operating systems or other intellectual property of third parties which may require third party Agreements. Compliance to terms and payment of fees associated with these third party Agreements are the sole responsibility of you and are not included in this Agreement.
  11. SUPPORT
    1. During the term of this Agreement, McMaster will provide any technical support or assistance to you in relation to the installation, use or access of the Website and/or the Materials. If you require assistance please contact WappsHemo@mcmasterhkr.com.
  12. ACKNOWLEDGMENT OF MCMASTER
    1. McMaster grants you the right to reference the Website or the Materials in any non-academic, non-research publication (including, electronic documents and/or websites) however you must include appropriate acknowledgment of McMaster. You agree and acknowledge that you will not make any statement regarding your use of the Website, the Materials or the Patient Data which suggests partnership with, sponsorship by, or endorsement by McMaster without McMaster's prior written approval.
  13. PUBLICITY
    1. You will not make any statement regarding your use of the Website and/or the Materials which suggests partnership with, sponsorship by, or endorsement by McMaster without McMaster's prior written approval.
  14. TERM AND TERMINATION
    1. This Agreement commences on the date that you are provided access to the Website and the Materials through the Website registration, and continues in effect unless it is terminated earlier by McMaster. It may be terminated by McMaster immediately without notice if you fail to comply with any of the terms and conditions of this Agreement. Upon termination of this Agreement, your rights to use you terminate and you must immediately stop using the Website and the Materials, uninstall and return to McMaster all copies of the Website and the Materials and any user documentation in your possession or control.
  15. REPRESENTATION OF AUTHORITY
    1. You represent and warrant that you possess the legal authority to enter into this Agreement and that you will be financially responsible for your access and/or use of the Website and the Materials. You are responsible for supplying any hardware or software necessary to access and/or use the Website.
  16. NO ASSIGNMENT
    1. You must not assign, sublicense or otherwise transfer this Agreement or any rights granted by this Agreement without the prior written consent of McMaster and any attempt to do so without the consent of McMaster will be void.
  17. FORCE MAJEURE
    1. Neither party to this Agreement will be liable for delay or failure to perform their respective obligations this Agreement if such delay or failure arises from any cause beyond the reasonable control of the party ("Force Majeure") provided such party gives the other party written notice of the Force Majeure. Force Majeure includes, without limitation: labour disputes, strikes, other labour or industrial disturbances and any act of God, fire, natural disaster, power failures, accidents, act of government, shortages of materials or supplies and failure of contractors to perform. If a party is temporarily excused from performing its obligations under this Agreement because of Force Majeure, it must promptly resume performance when such Force Majeure is cured or removed.
  18. COMPLETE AGREEMENT
    1. This Agreement contains the entire agreement between you and McMaster relating to the Website and the Materials, and supersedes any prior understandings, arrangements, commitments, communications or agreements, oral or written, between you and McMaster with respect to the Website. You should print out and/or download a copy of this Agreement and retain it for your records. McMaster reserves the right to make changes to this Agreement without notice.
  19. SEVERABILITY
    1. If any provision of this Agreement becomes void, invalid, illegal or unenforceable, the remaining provisions will not be affected and will continue in effect as though the unenforceable provision(s) were deleted.
  20. WAIVER
    1. If either party omits or delays to require the other party to punctually fulfill any of its obligations under this Agreement, this omission or delay will not operate as a waiver by that party of its rights under this Agreement.
  21. SURVIVAL
    1. Sections 2-9 and 12-13 shall survive the termination of this Agreement.
  22. GOVERNING LAW
    1. This Agreement will be interpreted in accordance with the laws of the Province of Ontario, Canada. Any suit, action, or proceeding arising out of or relating to this Agreement must be brought in Hamilton, Ontario and you submit to the exclusive jurisdiction of the Courts of Hamilton, Ontario. Use of the Website is prohibited in any jurisdiction which does not give effect to the terms of this Agreement.
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