IMPORTANT - PLEASE READ CAREFULLY: This License to use the Measure (“License”) is a legally binding License between you (“You”) and McMaster University (“McMaster”).
If you agree to be bound by the terms of this License, click the ‘I Accept’ box at the bottom of this License. If you do not agree to the terms of this License, you are not authorized to use the Measure and must not install, copy, or use the Measure.
TERMS OF USE
1. PARTIES
This is a License between McMaster and You personally. By agreeing to the terms of this License, You indicate that You agree to be bound by the terms of this License and You represent and warrant that You have the legal authority to enter into this License.
2. PRODUCT
This License is for the specific use of the Measure.
3. OWNERSHIP OF THE MEASURE
You acknowledge that McMaster owns all right, title and interest in the copyright and all other intellectual property rights to the Measure. McMaster does not grant You any ownership interest in the Measure and only licenses You to use the Measure in accordance with the terms of this License. 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 License.
4. AUTHORIZED USES
Provided You comply with all the terms and conditions of this License, McMaster grants You a non-exclusive, non-transferable, revocable, license for use of the Measure for Your own research, clinical practice use and non-commercial purposes only (“Permitted Purpose”).
5. AUTHORIZED USERS
McMaster licenses the Measure to You for your use by You only. You must not make Measure available to any other person or entity or allow any other person or entity to use the Measure.
6. PROHIBITED USES
You must not:
1) Modify, adapt or create any other derivative work of the Measure;
2) sell, sublicense, rent, loan or otherwise distribute copies of the Measure;
3) include the Measure as a component of a commercial product or use the Measure for performing commercial research or other non-personal uses;
4) publicly perform or display the Measure, or any part of the Measure including making the Measure available for download to anyone else on any computer system or network; or
5) remove or obscure any copyright, trade-mark or other proprietary notices contained in or associated with the Measure.
7. DISCLAIMER OF WARRANTIES
The Measure has been developed as part of research conducted at McMaster. McMaster is providing you the Measure “as is” with all faults and without warranty of any kind, either express or implied.
McMaster expressly disclaims and excludes all warranties and representations expressed or implied, including but not limited to, any implied warranties that the Measure is merchantable, accurate or fit for a particular purpose. McMaster does not warrant that the Measure will meet Your requirements or that the use of the Measure will produce a desired result, or that the Measure will operate uninterrupted, or error free or that any defects in the Measure will be corrected. McMaster does not warrant that the use of the Measure will not infringe any patent, copyright or trade-mark or other rights.
8. ASSUMPTION OF RISK
You assume all risk and responsibility for the selection, installation, use, quality, performance and results obtained form the Measure.
9. LIMITATION OF LIABILITY
In no event will McMaster be liable to You or any other person or entity, for any costs, claims or 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 Measure, its use or performance or this License, even if McMaster has been advised of the possibility of such damages.
10. INDEMNITY
In consideration for the benefit obtained under this License, You will indemnify, defend and hold harmless McMaster, its directors, officers, employees, agents and affiliates from and against any claims, liability, loss, damage, costs or expenses of any kind, (including, but not limited to reasonable legal, expert and consultant fees) causes of action, actions, claims, demands, lawsuits or other proceedings,(collectively, “Claims”) resulting directly or indirectly from y