HeTOP Terms of Service

Last modified: May 24, 2016

Your access to and use of HeTOP is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use HeTOP.

By accessing or using HeTOP you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access nor use HeTOP.

Preamble

Thanks for using HeTOP and its services! Please be advised that each integrated resource is potentially protected by a specific license.

Knowledge Organization Systems (KOS) are defined as all types of classifications, terminologies, ontologies, etc. that are integrated into HeTOP. KOS are containing concepts, terms, relations and various types of information including vocabularies and lexicons that are protected by the intellectual property.

HeTOP is a portal that allow human users and machines to access to various KOS and their extended content.

The LICENSEE can not use KOS for commercial purposes without explicit agreements between she/he/it and the copyright holder of the resources she/he/it is exploiting.

License

This Agreement is made by and between the Rouen University Hospital (hereinafter referred to as "RUH") and the LICENSEE.

WHEREAS, the RUH was established by statute in order to assist the advancement of medical and related sciences, and to aid the dissemination and exchange of scientific and other information important to the progress of medicine and to the public health, and to carry out this purpose has been authorized to develop the Health Terminology/Ontology Portal (HeTOP) to facilitate the retrieval and use of machine-readable biomedical information from disparate sources;

WHEREAS, the RUH's HeTOP project has produced the various translations of KOS concepts and mappings between KOS concepts, that are useful in a variety of settings;

WHEREAS, the LICENSEE is willing to use the HeTOP and its content at its sole risk and at no expense to RUH, which will result in information useful to RUH, may provide immediate improvements in biomedical information transfer to segments of the biomedical community, and is consistent with RUH's statutory functions,

NOW THEREFORE, it is mutually agreed as follows:

  1. The RUH hereby grants a nonexclusive, non-transferable right to LICENSEE to use the HeTOP to improve access to biomedical information of any type subject to the restrictions in other provisions of this Agreement.
  2. No charges, usage fees or royalties will be paid to RUH for academic and research purposes.
  3. If the LICENSEE intends to use HeTOP for commercial purposes, the LICENSEE undertakes to contact the HeTOP webmaster to clarify its intentions.
  4. LICENSEE is prohibited from distributing HeTOP or subsets of it, including individual KOS.
  5. LICENSEE agrees to inform RUH prior to distributing any application(s) in which it is using the HeTOP and is encouraged to inform RUH of any difficulties encountered in using the HeTOP, and changes or enhancements to the HeTOP that would make it more useful to LICENSEE and its user groups.
  6. RUH represents that the data provided under this Agreement were formatted with a reasonable standard of care, but makes no warranties express or implied, including no warranty of merchantability or fitness for particular purpose, regarding the accuracy or completeness of the data or that the machine-readable copy is error free. Therefore, LICENSEE agrees to hold RUH and any organization contributing a KOS to the HeTOP free from any liability resulting from errors in KOS or other data or on the machine-readable copy. RUH and such other organizations disclaim any liability for any consequences due to use, misuse, or interpretation of information contained or not contained in the HeTOP.
  7. LICENSEE agrees to hold RUH and the individual copyright holder free from any liability resulting from the removal of any KOS from future editions of the HeTOP.
  8. RUH reserves the right to change the type and format of its machine-readable data.
  9. LICENSEE shall acknowledge RUH as its source of the HeTOP, citing the scientific reference article, in a suitable and customary manner but may not in any way indicate or imply that RUH or any of the organizations whose KOS are included in the HeTOP has endorsed LICENSEE or its products.
  10. Some of the Material in the HeTOP is from copyrighted sources. If LICENSEE uses any material from copyrighted sources from the HeTOP:
    1. the LICENSEE is required to display in full, prior to providing user access to the KOS within the HeTOP, the following wording in order that its users be made aware of these copyright constraints:

      "Some material in the HeTOP is from copyrighted sources of the respective copyright holders. Users of the HeTOP are solely responsible for compliance with any copyright, patent or trademark restrictions and are referred to the copyright, patent or trademark notices appearing in the original sources, all of which are hereby incorporated by reference.";

      to display a list of all of the KOS contained within the HeTOP that are used in the LICENSEE's application; and to indicate for each KOS any appropriate copyright notice and whether the entire contents is present or only a portion of it.
    2. the LICENSEE is prohibited from altering HeTOP content, but may include content from other sources in applications that also contain content from the HeTOP. The LICENSEE may not imply in any way that data from other sources is part of the HeTOP or of any of its KOS.
  11. For material in the HeTOP obtained from some sources additional restrictions on LICENSEE's use may apply. The categories of additional restrictions are described below.

    LICENSEE should contact the copyright holder directly to discuss uses of a KOS beyond those allowed under this license agreement. If LICENSEE or LICENSEE's end user has a separate agreement with the copyright holder for use of a HeTOP KOS, LICENSEE or LICENSEE's end user may use KOS content obtained from the HeTOP in accordance with the terms of the separate agreement.
    1. Category 1:

      LICENSEE is prohibited from translating the KOS content into another language or from producing other derivative works based on this single KOS.
    2. Category 2:

      All category 1 restrictions AND

      LICENSEE is prohibited from using the KOS in operational applications that create records or information containing data from the KOS.
    3. Category 3:

      LICENSEE's right to use material from the KOS is restricted to internal use at the LICENSEE's site(s) for research, product development, and statistical analysis only. Internal use includes use by employees, faculty, and students of a single institution at multiple sites. Notwithstanding the foregoing, use by students is limited to doing research under the direct supervision of faculty. Internal research, product development, and statistical analysis use expressly excludes: use of material from these copyrighted sources in routine patient data creation; incorporation of material from these copyrighted sources in any publicly accessible computer-based information system or public electronic bulletin board including the Internet; publishing or translating or creating derivative works from material from these copyrighted sources; selling, leasing, licensing, or otherwise making available material from these copyrighted works to any unauthorized party; and copying for any purpose except for back up or archival purposes.

      LICENSEE may be required to display special copyright, patent and/or trademark notices before displaying content from the KOS. Applicable notices are included in the list of HeTOP KOS, that is part of this Agreement.
    4. Category 4:

      LICENSEE is prohibited from translating the KOS content into another language or from altering the KOS content.
  12. LICENSEE shall take reasonable steps to ensure that anyone who has authorized access to data or KOS content from the HeTOP under this Agreement complies with its provisions.
  13. LICENSEE and/or its end users shall be solely responsible for compliance with any copyright or other restrictions on KOS content in the HeTOP; RUH assumes no responsibility or liability associated with the LICENSEE's (or any of the LICENSEE's users) use and/or reproduction of copyrighted material, patent or trademark violations. Anyone contemplating reproduction of all or any portion of the HeTOP or any of its KOS content should consult legal counsel.

    The holder of a copyright in any KOS shall be a third party beneficiary to this agreement and shall have a right to enforce the agreement against any LICENSEE that violates any provision pertaining to that copyright holder.
  14. This Agreement shall be effective until terminated by one of the parties upon 30 days written notice to the other party. LICENSEE's failure to abide by the terms of the Agreement shall be grounds for its termination.
  15. In the event that any provision of this Agreement is determined to violate any law or is unenforceable, the remainder of the Agreement shall remain in full force and effect.

HeTOP account

Modifying our Service

We are constantly changing and improving our Service. We may add or remove functionalities or features at any time.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including limitation if the LICENSEE breaches the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Business uses of our Services

If the LICENSEE is using our Service on behalf of a business, that business accepts these terms.

In that case and if not already done, the LICENSEE shall contact the HeTOP webmaster to clarify its intention regarding any commercial use.

About these Terms

These terms control the relationship between RUH and the LICENSEE. They do not create any third party beneficiary rights.

If the LICENSEE does not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

For further information about HeTOP, its use or its Terms, please contact our webmaster.