Thank you for requesting to use the JHFRAT in your academic project or study.
For permission to use the JHFRAT in a limited capacity please review and complete this Terms and Conditions agreement.
1. License Fee. During the Student Term of this Agreement, the Licensee is not required to pay a license fee to Johns Hopkins. If Licensee or any organization/facility wishes to continue to use the Tool after the expiration of the Student Term, a separate license will need to be obtained from Johns Hopkins at the fees established by same.
2. Grant of License. Licensee is granted a limited right and license to use the Tool only for purposes of the Project described below during the time period set forth in subsection f. below (the “Student Term”) without charge. The Student Term shall automatically expire at the end of the Student Term and Licensee shall cease any and all use of the Tool and shall ensure that any organization/facility involved in the Project ceases same.
3. Licensee shall ensure that any and all trademark and copyright notices, logos and other proprietary notices and legends are contained in all copies of the Tool, and shall only use the Tool in paper form. No electronic format may be made of the Tool and copies of the Tool shall not be uploaded/saved or implemented in any software or information technology system (i.e., no EMR). The right granted herein shall not include the right to develop works of authorship or invention using all or any part of the Tool. In addition,
a. Licensee shall not (i) copy parts of the Tool into any of the foregoing nor (ii) create any derivative works from the Tool nor (ii) distribute, rent, sell, lease or otherwise transfer the Software or any component thereof to any third party; (iii) remove, efface or obscure any trademark, copyright notices, logos or other proprietary notices or legends from any portion of the Tool.
b. Licensee acknowledges Johns Hopkins’ ownership of the Tool, and Licensee does not obtain any ownership or other rights in the Tool other than those expressly identified herein.
4. Limitation of Liability. The Tool is provided to Licensee “AS IS” and “WHERE IS” and JOHNS HOPKINS DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT. USE OF THE TOOL IS AT THE LICENSEE’S OWN RISK.
a. NEITHER JOHNS HOPKINS NOR ANY OF ITS SUBSIDIARIES AND AFFILIATES, NOR ANY OF ITS OR THEIR EMPLOYEES OR AGENTS, ACCEPTS ANY LIABILITY WHATSOEVER FOR ANY ALLEGED LOSSES OR DAMAGES INCURRED IN USE OR RELIANCE ON THE TOOL OR ANY INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL JOHNS HOPKINS NOR ANY OF ITS SUBSIDIARIES AND AFFILIATES, NOR ANY OF ITS OR THEIR EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE TOOL, WHETHER BASED ON TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JOHNS HOPKINS’ OR ANY OF ITS SUBSIDIARIES AND AFFILIATES, NOR ANY OF ITS OR THEIR EMPLOYEES OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR ANY ISSUES RELATED TO THE TOOL IS TO DISCONTINUE USING THE TOOL. IN NO EVENT SHALL JOHNS HOPKINS’ TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY LICENSEE TO JOHNS HOPKINS, IF ANY, DURING THE YEAR IN WHICH THE DAMAGES OCCURRED.
5. Miscellaneous. This Agreement shall constitute the entire understanding of the parties as to the subject matter herein. This Agreement shall be governed by the laws of the State of Maryland (excepting any conflict of laws or provisions which would serve to defeat application of Maryland substantive law). This Agreement may not be modified in any respect other than by an agreement in writing signed by both parties. Licensee shall obtain Johns Hopkins’ prior written consent, which may be withheld in Johns Hopkins’ sole and absolute discretion, for any assignment of this Agreement to any third party. The parties hereto agree that the waiver by either party of a breach by the other party of any of the provisions contained in this Agreement shall not operate as or be construed to be a waiver of any other breach of this Agreement by either party. Except for Sections 1 and 2 herein, all terms and conditions in this Agreement shall survive the expiration and termination of same.
6. Report on Findings. After completion of Licensee’s Project, Johns Hopkins requests that Licensee report their findings to Johns Hopkins – not for approval purposes but for Johns Hopkins edification.