By downloading and using this software application (“BatchTriDFusion”), you consent and agree to the following:
BatchTriDFusion is provided for educational and research use only. BatchTriDFusion has not been approved by the US Food and Drug Administration (FDA) or by any regulatory agencies in the United States or elsewhere and is not intended for clinical use or use as a medical device. BatchTriDFusion, all content and links therein, and results generated from the use thereof are not substitutes for medical diagnosis, advice, or treatment of specific medical conditions. A physician should always be consulted for any health problem or medical condition.
BatchTriDFusion was developed by Daniel Lafontaine (“Inventor”) within the scope of Inventor’s employment with Memorial Sloan Kettering Cancer Center, New York, NY (“MSK”) (hereinafter collectively referred to as “Developers”). Inventor and MSK are parties to agreements whereby Inventor has been granted the right to grant licenses to BatchTriDFusion under any applicable copyright(s), trademark(s) and intellectual property rights. Inventor and MSK reserve the right to revise, update, restrict or revoke access to BatchTriDFusion at any time without notice.
BatchTriDFusion is the property of, and owned by, Developers. All the software, algorithms, functionality, inventions, designs, concepts, text, images, marks, logos, compilations, content, and technology used to deliver BatchTriDFusion or otherwise embodied in, displayed through, or provided directly or indirectly via BatchTriDFusion are the property of Developers. Subject to the terms and conditions herein, Developers grant you the non-exclusive, non-transferable, limited, revocable right to access and use BatchTriDFusion as permitted by these Terms of Use solely for your internal, educational and/or research purposes, and not for any commercial purposes whatsoever. Developers reserve all other rights in and to BatchTriDFusion. Subject to these Terms of Use and the GNU General Public License as specified in Section 4, Developers grant you the non-exclusive, non-transferable, limited, revocable right to access and use BatchTriDFusion solely for your internal, educational, and/or research purposes, and not for any commercial purposes whatsoever.
BatchTriDFusion includes components that are licensed for redistribution and/or modification under the terms of the GNU General Public License (GPL), as published by the Free Software Foundation, either version 3 of the License, or (at your discretion) any later version. Specifically, these components include [list or describe components under GPL, if known], while other proprietary components are subject exclusively to these Terms of Use and are not governed by the GPL. You may obtain a copy of the GNU General Public License at https://www.gnu.org/licenses/.
You agree to use BatchTriDFusion for internal educational and/or research purposes only, and not for any clinical or commercial purposes, including the distribution, licensing, or sale of its content to any other person or entity, whether alone or in combination with other materials, or the incorporation of BatchTriDFusion into any commercial product. Should you display or disclose any results obtained from using BatchTriDFusion, you agree to indicate that such results were obtained from the use of BatchTriDFusion.
Your right to access and use BatchTriDFusion is governed by these Terms of Use. BatchTriDFusion contains software necessary for BatchTriDFusion to function and related copyrighted documentation and materials. You agree not to modify, create derivative works of, decompile, or otherwise attempt to extract source code from BatchTriDFusion without Developers’ express, written permission.
BatchTriDFusion is built in the MATLAB® environment. Installation of a licensed version of MATLAB® is required to use BatchTriDFusion. You acknowledge and agree that you are solely responsible for obtaining and maintaining such third-party license.
Your IP address may be recorded by Google Analytics™ or other means for tracking purposes, and by using BatchTriDFusion you hereby grant consent for such recording and use.
You understand and agree that by downloading and using BatchTriDFusion you are not entering into a health care provider-patient relationship with Developers. Developers are not engaged in providing medical or similar healthcare advice or services via BatchTriDFusion. BatchTriDFusion is not intended to provide complete or exhaustive information about any individual’s medical condition. You understand that information you send or receive via BatchTriDFusion does not become part of an individual’s separate medical records. The information provided via BatchTriDFusion shall not be interpreted as the provision of or a substitute for consultation, evaluation or treatment by qualified healthcare professionals, and the information made available on or through BatchTriDFusion should not be relied upon when making medical decisions or to diagnose or treat a medical or health condition. Any reliance on BatchTriDFusion is at your own risk, and Developers specifically disclaim all responsibility for any liability, loss or risk, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use of BatchTriDFusion.
BatchTriDFusion is not directed to users under the age of 18. BatchTriDFusion does not knowingly collect personal information from children under the age of 13. If you are under 18, you are not permitted to use BatchTriDFusion or to send personal information to Developers.
You will not use or disclose Developers’ Confidential Information without Developers’ prior written consent except as required by applicable law, regulation or court order; in which case, you agree to give Disclosers as much notice as is reasonably practicable prior to disclosing the Confidential Information. For purposes of these Terms of Use, “Confidential Information” means all systems architecture, information systems, technology, computer programs and codes, or other information, written or oral, directly or indirectly disclosed by Developers, or directly or indirectly received by you from Developers, except for information that: (a) is or becomes generally known to the public or available to the public through no fault of you; (b) was in your lawful possession at the time of disclosure to you, if you were not then subject to confidentiality restrictions with respect to the information; (c) after disclosure to you, was received by you from a third party who had a lawful right to disclose such information to you without any restriction on your further use or disclosure of such information; or (d) is independently developed by you without use of Developers’ Confidential Information.
If you provide Developers, directly or indirectly, any comments, feedback, suggestions, ideas, or other submissions related to BatchTriDFusion by any means (collectively “Feedback”), the Feedback will be the sole property of Developers. Developers will be entitled to use, reproduce, disclose, publish, distribute, and otherwise exploit in any manner all Feedback without restriction and without compensating you in any way. Developers are and shall be under no obligation to maintain any Feedback in confidence, or to respond to any Feedback.
Developers reserve the right to modify BatchTriDFusion at any time without notice to you. Developers may also amend these Terms of Use at any time and will endeavor to notify you by posting such updated terms of use (i.e., on the website where BatchTriDFusion is downloaded). You agree that your continued use of BatchTriDFusion constitutes your agreement to any such amended Terms of Use. If you do not agree to any amended Terms of Use that Developers publish, you must cease using BatchTriDFusion.
Developers reserve the right to suspend, revise or revoke your access to BatchTriDFusion at any time if Developers believe you are in breach of these Terms of Use. Developers reserve the right to cease to offer BatchTriDFusion at any time, for any reason or no reason, without providing notice to you.
You represent, certify and warrant that you have the full right and authority to provide any data processed within BatchTriDFusion, to analyze such data, and to obtain results on such data. You further represent, certify and warrant that the data does not contain any Protected Health Information (PHI) or Personally Identifiable Information (PII) as such terms may be defined under any applicable law.
You represent and warrant that you comply and will at all times comply with all applicable laws and regulations in your use of BatchTriDFusion.
You assume any and all responsibility and liability for your use of BatchTriDFusion. Any validation of BatchTriDFusion described herein or elsewhere is not intended to serve as a guarantee of accuracy for any purpose, whether expressed or implied. In no case shall Developers, their affiliates, or developers, nor BatchTriDFusion’s distributors or publishers be liable for any damages or consequences, directly or indirectly, arising from any use or misuse of BatchTriDFusion or results obtained from BatchTriDFusion.
You hereby acknowledge and agree that any violation of these Terms of Use may result in irreparable harm for which there may be no adequate remedy at law, and that Developers shall be entitled to seek an injunction in the event you violate or threaten to violate the provisions of these Terms of Use without the need to prove harm or seek bond. This remedy will be in addition to any other remedy available at law or equity.
You hereby irrevocably agree to indemnify, defend, and hold harmless Developers and their affiliates, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against Developers or any of their officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by Developers or any of their officers, directors, employees, agents or affiliates, arising out of or relating to; (i) your breach of any term or condition of these Terms of Use; (ii) your use of BatchTriDFusion; (iii) your violations of applicable laws, rules or regulations in connection with BatchTriDFusion; (iv) any representations and warranties made by you concerning any aspect of BatchTriDFusion or reports to any third party; (v) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of BatchTriDFusion; (vi) violations of your obligations of privacy to any third party; and (vii) any claims with respect to acts or omissions of any third party in connection with BatchTriDFusion; (each, an “Indemnified Claim”). Developers will provide you with written notice of any Indemnified Claim, suit or action from which you must indemnify Developers. You shall not settle any Indemnified Claim, suit or action without Developers’ prior written consent. Developers reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
None of the statements or functionality in BatchTriDFusion have been evaluated by the Food and Drug Administration (FDA), nor DO DEVELOPERS make any representation that anything contained in or presented by BatchTriDFusion is FDA approved. BatchTriDFusion is not intended to diagnose, treat, cure or prevent any disease. Furthermore, none of the statements should be construed as dispensing medical advice, making claims regarding the cure of diseases, nor can BatchTriDFusion prevent or cure any disease state.
BatchTriDFusion IS NOT DESIGNED TO PROVIDE MEDICAL ADVICE OR FACILITATE MEDICAL EMERGENCIES. DO NOT RELY ON ELECTRONIC COMMUNICATIONS OR COMMUNICATION MADE THROUGH BatchTriDFusion FOR ANY IMMEDIATE, URGENT MEDICAL NEEDS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, PLEASE CALL YOUR DOCTOR OR EMERGENCY SERVICES NUMBER IMMEDIATELY. DEVELOPERS AND THEIR AFILIATES DO NOT RECOMMEND OR ENDORSE ANY TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH BatchTriDFusion. RELIANCE ON ANY CONTENTS OF BatchTriDFusion IS SOLELY AT YOUR OWN RISK.
ACCESS TO AND USE OF BatchTriDFusion, AND THE CONTENT AND LINKS THEREIN, IS PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AVAILABILITY, ACCESS, RESULTS OR THAT BatchTriDFusion WILL BE ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT DEVELOPERS (AND THEIR AFFILIATES) WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF, IN RELIANCE OF, OR IN CONNECTION WITH BatchTriDFusion OR YOUR USE OF BatchTriDFusion.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM DEVELOPERS OR THEIR AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS OF USE, BatchTriDFusion, OR DEVELOPERS’ PROPERTY, EVEN IF DEVELOPERS HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. DEVELOPERS’ AND THEIR AFFILIATES’ TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO BatchTriDFusion OR THESE TERMS OF USE WILL NOT EXCEED $50 (USD).
The trademarks of Developers, and any associated logos, symbols, unregistered trademarks or other service marks provided with or affixed to BatchTriDFusion are owned by Developers. BatchTriDFusion may also feature additional trademarks, BatchTriDFusion marks, and logos of third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed in BatchTriDFusion, will inure solely to the benefit of their respective owners. You agree to not use any trademarks, logos, symbols, or other service marks belonging to Developers, for any purpose including, but not limited to, any advertising, publicity or otherwise, or any use that is likely to cause confusion or that disparages or discredits Developers, without Developers’, express written consent, respectively. You agree not to remove any proprietary notices or labels or modify, adapt, or prepare derivative works of any of Developers’ trademarks or copyright notices. Nothing contained in BatchTriDFusion or these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark and/or service mark displayed on the site without the prior written permission of Developers.
All disputes or other matters arising from or relating to these Terms of Use, or the use or operation of BatchTriDFusion, will be governed by the substantive laws of the State of New York, without regard to its or any other jurisdiction’s conflicts of laws principles that would apply another law. You hereby irrevocably and unconditionally consent to venue in New York, NY (and hereby waive any claims of forum non conveniens with respect to such venue) and to the exclusive jurisdiction of competent New York state or federal courts in the Southern District of New York for all litigation which may be brought with respect to BatchTriDFusion or these Terms of Use. Any action or proceeding by you relating to any claim arising from or relating to BatchTriDFusion or these Terms of Use must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued. The United Nations Convention for the International Sale of Goods is hereby disclaimed.
No delay or omission by Developers in exercising any of Developers’ rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of these Terms of Use will impair any such right or be construed to be a waiver thereof, and a waiver by Developers of any of the covenants, conditions, or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or Terms of Use herein. No waiver will be binding on Developers unless made in an express writing signed by Developers. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms of Use will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms of Use sets forth the entire agreement between Developers and you regarding its subject matter, and supersedes all prior promises, agreements, or representations, whether written or oral, regarding such subject matter. Your rights and obligations hereunder are not assignable, or otherwise transferable or delegable, by you to any third party without Developers’ prior written consent which may be granted in Developers’ sole discretion. Any purported assignment, transfer or delegation without such consent will be null and void. Developers may assign or otherwise transfer or delegate these Terms of Use (including any rights or obligations hereunder), from time-to-time in Developers’ sole discretion. These Terms of Use will be binding upon and inure to the benefit of the parties’ successors and permitted assigns. You agree that the electronic text of these Terms of Use constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. As used herein and unless the intent is expressly otherwise in a specific instance, the terms “include,” “includes” or “including” shall not be limiting and “or” shall not be exclusive. Any section headings herein are for convenience only and do not form a part of, and will not be used in the interpretation of, the substantive provisions of these Terms of Use.
To contact us, submit your information to the following: info@daniellafontaine.com.
Daniel Lafontaine