SOURCE METADATA
Project: AI_READI
Source ID: dataset_license
Source type: license
Source URL: https://zenodo.org/records/10642459/files/AI-READI-LICENSE-v1.0.pdf?download=1
Raw file: data/raw/AI_READI/AI-READI-LICENSE-v1.0_row11.pdf
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UNIVERSITY OF WASHINGTON (“Licensor”)

DATA LICENSE AGREEMENT

BY DOWNLOADING, INSTALLING OR USING ANY OR ALL OF THE CONTENTS OF THE
ACCOMPANYING  DATA  FILES  (COLLECTIVELY,  THE  "DATA"),  YOU  ACKNOWLEDGE
THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS DATA LICENSE
AGREEMENT  (“AGREEMENT”),  UNDERSTAND  THEM,  ARE  AUTHORIZED  BY  YOUR
ENTITY  TO  ACCEPT  THEM,  AND  AGREE  TO  BE  BOUND  BY  THEM.  WE  RECOMMEND
THAT YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT
DOWNLOAD, INSTALL OR USE THE DATA.

If you will use the Data as an individual and not on behalf of any employer, institution, agency,
partnership, joint venture, corporation, company or other entity (“Entity”), then the “Licensee”
referred  to  in  this  Agreement  is  you  in  your  individual  capacity.  If  you  are  entering  into  this
Agreement on behalf of an Entity, then the “Licensee” referred to in this Agreement shall be
that Entity, provided that you hereby represent and warrant to Licensor that you have the legal
authority to bind that Entity. If the Licensee is an Entity, then the rights and obligations under
this Agreement apply to all employees and agents of the Entity, and the Entity shall be liable
and responsible for the actions and omissions of all such individuals, to the extent allowed by
applicable law.

1. LICENSE GRANT.  Subject to Licensee’s compliance with the terms and conditions of this
Agreement,  Licensor  grants  Licensee  a  non-exclusive  and  non-transferable  license  to
download, reproduce and use the Data, and to create derivative works thereof, for research
and commercial purposes. All full and partial copies of the Data made by Licensee shall  be
subject to the terms of this Agreement.

2. DATA SHARING; MODELS. Licensee shall not transfer, license, sublicense, sell, assign,
display, share or otherwise convey any portion of the Data or any derivative work to any third
party other than another licensee (“Other Licensee”) that is bound by the terms of an agreement
with Licensor on terms identical to those contained in this Agreement, in which case Licensee
shall be permitted to give access to the Data to such Other Licensee and its employees, agents
and  contractors  that  are  bound  under  such  agreement  for  the  purpose  of  collaborating  with
Licensee on one or more projects involving the Data. Notwithstanding the foregoing, Licensee
is  permitted  to  make,  reproduce  and  distribute  models,  algorithms  and  programs  that  are
developed, trained or adapted using the Data, but which do not themselves contain the Data or
any modified version of the Data (“Models”), provided that Licensee, prior to dissemination of
any such Models, undertakes all reasonable efforts to minimise the likelihood that Data can be
memorized,  derived,  reconstructed  or  reconstituted  through  the  use  or  construction  of  such
Models.

3.  ADDITIONAL  USE  RESTRICTIONS.    Without  limiting  the  generality  of  the  foregoing,
Licensee shall not: (i) make clinical treatment decisions based on the Data, as it is intended
solely as a research resource, or (ii) use or attempt to use the Data, alone or in concert with
other information, to compromise or otherwise infringe the confidentiality of information on an
individual person who is the source of any Data or any clinical data or biological sample from
which  Data  has  been  generated  (a  “Data  Subject”)  and  their  right  to  privacy,  to  identify  or
contact  any  individual Data Subject or  group of Data  Subjects, to  extract or  extrapolate any
identifying  information  about  a  Data  Subject,  to  establish  a  particular  Data  Subject's
membership in a particular group of persons, or otherwise to cause harm or injury to any Data
Subject.  Licensee  agrees  to  acknowledge  the  source  and  any  funder  of  the  Data  in  any
publications reporting use of the Data.  The current citation for you to use can be found here:
docs.aireadi.org.





4.  SECURITY.  Licensee  agrees  to  comply  with  all  data  security  and  privacy  standards
established by the U.S. National Institutes of Health under its Genomic Data Sharing (GDS)
Policy from time to time, the current version of which is located at NIH Security Best Practices
for  Controlled-Access  Data  Subject  to  the  NIH  Genomic  Data  Sharing  (GDS)  Policy
(https://sharing.nih.gov/sites/default/files/flmngr/NIH_Best_Practices_for_Controlled-
Access_Data_Subject_to_the_NIH_GDS_Policy.pdf).

5. TERMINATION. This Agreement will terminate automatically upon any breach of any term
of this Agreement by Licensee. Upon termination, Licensee shall delete all copies of the Data
in its possession and control and cease all use of the Data.

6. PROPRIETARY RIGHTS. Title to the Data, and all industrial and intellectual property rights
therein,  shall  at  all  times  remain  solely  and  exclusively  with  Licensor  and  its  suppliers,  and
Licensee shall not take any action inconsistent with such ownership.  Any rights not expressly
granted herein are reserved to Licensor and its suppliers.

7.  DISCLAIMER  OF  WARRANTY.  THE  DATA  IS  PROVIDED  ON  AN  "AS  IS"  BASIS,
INCLUDING  WITHOUT  LIMITATION  THE
WITHOUT  WARRANTY  OF  ANY  KIND,
WARRANTIES  THAT  IT  IS  FREE  FROM  DEFECTS,  MERCHANTABLE,  FIT  FOR  A
PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
AND  PERFORMANCE  OF  THE  DATA  IS  BORNE  BY  LICENSEE.  SHOULD  THE  DATA
PROVE  DEFECTIVE  IN  ANY  RESPECT,  LICENSEE  AND  NOT  LICENSOR  OR  ITS
SUPPLIERS  ASSUMES  THE  ENTIRE  COST  OF  ANY  SERVICE  AND  REPAIR.    THIS
DISCLAIMER  OF  WARRANTY  CONSTITUTES  AN  ESSENTIAL  PART  OF  THIS
AGREEMENT.  NO  USE  OF  THE  DATA  IS  AUTHORIZED  HEREUNDER  EXCEPT  UNDER
THIS DISCLAIMER.

8. LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO LICENSEE OR
ANY  PARTY  CLAIMING  THROUGH  LICENSEE  FOR  ANY  PUNITIVE,  EXEMPLARY,
MULTIPLE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT  OF  THE  USE  OF  OR  INABILITY  TO  USE  THE  DATA,  INCLUDING,  WITHOUT
LIMITATION,  DAMAGES  FOR  LOSS  OF  GOODWILL,  WORK  STOPPAGE,  COMPUTER
FAILURE  OR  MALFUNCTION,  OR  ANY  AND  ALL  OTHER  COMMERCIAL  DAMAGES  OR
LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE
LEGAL  OR  EQUITABLE  THEORY  (CONTRACT,  TORT  OR  OTHERWISE)  UPON  WHICH
THE CLAIM IS BASED.

IN  ANY  CASE,  LICENSOR'S  ENTIRE  LIABILITY  UNDER  ANY  PROVISION  OF  THIS
AGREEMENT  AND  WITH  RESPECT  TO  THE  DATA  SHALL  NOT  EXCEED  IN  THE
AGGREGATE  ONE  U.S.  DOLLAR,  WITH  THE  EXCEPTION  OF  DEATH  OR  PERSONAL
INJURY  CAUSED  BY  THE  NEGLIGENCE  OF  LICENSOR  TO  THE  EXTENT  APPLICABLE
LAW  PROHIBITS  THE  LIMITATION  OF  DAMAGES
IN  SUCH  CASES.  SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL  DAMAGES,  SO  THIS  EXCLUSION  AND  LIMITATION  MAY  NOT  BE
APPLICABLE.

9.  INDEMNIFICATION.    To  the  extent  allowed  by  applicable  law,  Licensee  agrees  to
indemnify, defend and hold harmless Licensor and its suppliers and their respective employees,
officers,  directors,  contractors  and  agents  from  and  against  any  and  all  claims,  damages,
losses, settlements, penalties, costs, expenses and other amounts arising directly or indirectly
from  Licensee’s  use  of  the  Data  and  any  use,  distribution  or  activity  of  a  Model,  including,
without limitation, all third party claims asserting violation of privacy rights, death, personal harm
or  injury,  economic  loss,  emotional  distress,  discrimination,  defamation,  breach  of  security,
national security, or infringement of patent, copyright or other intellectual or industrial property
rights.

10.  COMPLIANCE.  Licensee  agrees  to  comply  with  all  applicable  laws,  regulations  and
restrictions relating to the distribution and use of the Data and Models.


11.  GENERAL.  (a)  This  Agreement  constitutes  the  entire  agreement  between  the  parties
concerning the subject matter hereof. (b) Subject to the Licensor’s right to update and modify
its security policies as provided in Paragraph 4, this Agreement may be amended only by a
writing signed by both parties. (c) If any provision in this Agreement should be held illegal or
unenforceable  by  a  court  having  jurisdiction,  such  provision  shall  be  modified  to  the  extent
necessary to render it enforceable without losing its intent, or severed from this Agreement if
no  such  modification  is  possible,  and  other  provisions  of  this  Agreement  shall  remain  in  full
force and effect. (d) The language of this Agreement is English.  (e) A waiver by either party of
any term or condition of this Agreement or any breach thereof, in any one instance, shall not
waive such term or condition or any subsequent breach thereof. (f) This Agreement shall be
binding  upon  and  shall  inure  to  the  benefit  of  the  parties,  their  successors  and  permitted
assigns.
