IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THE SOFTWARE


This licence agreement (Licence) is a legal agreement between you the licensee (You) and Dataline Software Limited of 8 The Drive Hove BN3 3JT (Application Provider) for this software product (Software), which includes computer software, the data supplied with it, any associated media and any electronic documentation (Documentation) and the 3rd party data set provided (Dataset) (together the Application) . This material includes SNOMED Clinical Terms® (SNOMED CT®) which is included under licence from the International Health Terminology Standards Development Organisation (IHTSDO). All rights reserved. SNOMED CT® is owned, maintained and distributed by the International Health Terminology Standards Development Organisation (IHTSDO). "SNOMED","SNOMED CT" and "IHTSDO" are registered trademarks of the IHTSDO.

1. GRANT AND SCOPE OF LICENCE

By you agreeing to abide by the terms of this licence the Application Provider hereby grants to you a non-exclusive, non-transferable licence to use the Application on the terms of this Licence.

2. LICENSEE'S UNDERTAKINGS

2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:

  1. not to rent, lease, sub-license, loan or translate the Software, Dataset or Documentation;
  2. not to make alterations to, or modifications of, the whole or any part of the Software;
  3. not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software to supervise and control use of the Application and ensure that the Application is used by your employees and representatives in accordance with the terms of this Licence;

3. INTELLECTUAL PROPERTY RIGHTS

3.1 You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to the Application Provider, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence.

3.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.

3.3 You acknowledge that all intellectual property rights in the Dataset are provided under sub-license by the Application Provider on the terms of an Affiliate License between the Application Provider and IHTSDO. You have no right to use the Dataset other than as permitted under the terms of this sub-license and by reference to the Affiliate License between the Application Provider and IHTSDO. A copy of the Affiliate License can be accessed here and you hereby acknowledge that you will comply with those terms.

4. THE APPLICATION PROVIDER:

4.1 Reserves the right to change any part of this agreement without notice and your use of the website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.

4.2 Has complete discretion to modify or remove any part of this site without warning or liability arising from such action. We reserve the right to remove all or part of any service, for legal or commercial purposes deemed necessary by Application Provider.

4.3 Reserves the right to contact you at the email address provided on signup for communications related to Application Provider and SNOMED. You will have the option to opt-out of any communications from us.

4.4 Reserves the right to remove your membership and ban your email to prevent you from re-registering should you misuse or abuse this site.

5. WARRANTY – APPLICABLE TO UNITED KINGDOM USERS ONLY

5.1 The Application Provider warrants that the Application will, when properly used, perform substantially in accordance with the functions for which it was designed.

5.2 You acknowledge that the Application has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements.

5.3 You acknowledge that the Application may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this Licence.

6. APPLICATION PROVIDER'S LIABILITY

6.1 Nothing in this Licence shall limit or exclude the liability of either party for death or personal injury resulting from negligence, fraud, fraudulent misrepresentation, or deliberate personal repudiatory breaches of this agreement.

6.2 Subject to condition 5.1, the Application Provider accepts no liability for losses suffered by you arising out of or in connection with this agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise.

6.3 This Licence sets out the full extent of the Application Provider's obligations and liabilities in respect of the supply of the Software and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Application Provider except as specifically stated in this Licence. Any condition, warranty, representation or other term concerning the supply of the Software and Documentation which might otherwise be implied into, or incorporated in, this Licence, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

7. TERMINATION

7.1 The Application Provider may terminate this Licence immediately if:

  1. You commit a material or persistent breach of this Licence; or
  2. The rights of the Application Provider to use the Dataset are withdrawn.

7.2 Upon termination for any reason:

  1. all rights granted to you under this Licence shall cease;
  2. you agree to cease all activities authorised by this Licence.

8. TRANSFER OF RIGHTS AND OBLIGATIONS

8.1 This Licence is binding on you and us and on our respective successors and assigns.

8.2 You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.

8.3 The Application Provider may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of his rights or obligations arising under it, at any time during the term of the Licence.

9. WAIVER

9.1 If the Application Provider fails, at any time during the term of this Licence, to insist on strict performance of any of your obligations under this Licence, or if the Application Provider fails to exercise any of the rights or remedies to which he is entitled under this Licence, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

9.2 A waiver by the Application Provider of any default shall not constitute a waiver of any subsequent default.

9.3 No waiver by the Application Provider of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

10. SEVERABILITY

If any of the terms of this Licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

11. LAW AND JURISDICTION

The parties to this license irrevocably agree, for the sole benefit of Application Provider that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual claims). Nothing in this clause shall limit the right of the Application Provider to take proceedings against You in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.


IHTSDO SUB-LICENSE

The Snoflake™ browser and SnAPI™ application programming interface include SNOMED Clinical Terms® (SNOMED CT®) which is used by permission of the International Health Terminology Standards Development Organization (IHTSDO). All rights reserved. SNOMED CT® was originally created by the College of American Pathologists. “SNOMED”, “SNOMED CT” and “SNOMED Clinical Terms” are registered trademarks of the IHTSDO (www.ihtsdo.org).

Use of SNOMED CT in Snoflake™ and SnAPI™ is governed by the conditions of the following SNOMED CT Sub-license issued by Dataline Software Ltd.

  • The meaning of the terms “Affiliate”, or “Data Analysis System”, “Data Creation System”, “Derivative”, “End User”, “Extension”, “Member”, “Non-Member Territory”, “SNOMED CT” and “SNOMED CT Content” are as defined in the IHTSDO Affiliate License Agreement (see www.ihtsdo.org/license.pdf). 
  • Information about Affiliate Licensing is available at www.ihtsdo.org/license. Individuals or organizations wishing to register as IHTSDO Affiliates can register at www.ihtsdo.org/salsa, subject to acceptance of the Affiliate License Agreement (see www.ihtsdo.org/license.pdf). 
  • The current list of IHTSDO Member Territories can be viewed at www.ihtsdo.org/members. Countries not included in that list are “Non-Member Territories”. 
  • End Users, that do not hold an IHTSDO Affiliate License, may access SNOMED CT® using Snoflake™ or SnAPI™ subject to acceptance of and adherence to the following sub-license limitations: 
    1. a) The sub-licensee is only permitted to access SNOMED CT® using this software (or service) for the purpose of exploring and evaluating the terminology. 

      b) The sub-licensee is not permitted the use of this software as part of a system that constitutes a SNOMED CT “Data Creation System” or “Data Analysis System”, as defined in the IHTSDO Affiliate License. This means that the sub-licensee must not use Snoflake™ or SnAPI™ to add or copy SNOMED CT identifiers into any type of record system, database or document. 

      c) The sub-licensee is not permitted to translate or modify SNOMED CT Content or Derivatives. 

      d) The sub-licensee is not permitted to distribute or share SNOMED CT Content or Derivatives. 

  • IHTSDO Affiliates may use Snoflake™ or SnAPI™ as part of a “Data Creation System” or “Data Analysis System” subject to the following conditions:
    1. a) The IHTSDO Affiliate, using Snoflake™ or SnAPI™ must accept full responsibility for any reporting and fees due for use or deployment of such a system in a Non-Member Territory. 

      b) The IHTSDO Affiliate must not use Snoflake™ or SnAPI™ to access or interact with SNOMED CT in any way that is not permitted by the Affiliate License Agreement. 

      c) In the event of termination of the Affiliate License Agreement, the use of Snoflake™ or SnAPI™ will be subject to the End User limitations noted in 4.

PRIVACY NOTICE

Dataline Software ltd may request certain personal information (such as name and contact details) from you when registering to use the software or contacting the company via the online form. This information is gathered for internal purposes and may be used in connection with product sales or software registration. Information you provide to Dataline Software ltd will not be forwarded, rented or sold to other companies unless otherwise stated.

Parts of the Snoflake web site may use cookies to determine when individuals access the site and allow them to navigate it more easily (some web browsers may be configured to alert users when they receive cookies and/or refuse to accept them).


LINKS:
www.snomed.org - SNOMED® International.

NHS connecting for health - SNOMED Clinical Terms in the NHS.


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