I have requested a license to use Brain-CODE (the “License”). Brain-CODE (as the same exists from time to time, including any upgrades, replacements, or supplements thereof, “Brain-Code”) is an informatics platform that permits the storage, access and analysis of data (any information or data on Brain-CODE from time to time, is referred to herein as “Data”). I hereby agree to abide by the following terms:
1. I certify that the details of my identity that I have provided to Ontario Brain Institute (“OBI”) in association with applying for a Brain-CODE account, the License, or otherwise, are accurate.
2. I agree that I will only use Brain-CODE and the Data for the purpose of (i) conducting scientific research (ii) participating in scientific research where the data derived therefrom will become Data or (iii) browsing Data for my personal interest ((i), (ii) and (iii) collectively the “Permitted Purpose”) and not for any other purpose, including without limitation any commercial purpose, without the prior written consent of OBI.
3. Under no circumstances will I attempt to attribute, link, connect, or associate any Data with any natural person.
4. I will follow and adhere to OBI’s Informatics Governance Policy as the same may be amended from time to time. The Informatics Governance Policy can be found at http://www.braininstitute.ca/brain-code.
5. I will not try to hack in to, or gain access to areas of Brain-CODE and Data which I am not authorized to access.
6. I will not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the software comprising Brain-CODE or any part thereof.
7. I will keep the login details of my account for Brain-CODE, including all passwords, strictly confidential. I agree that I shall be liable for any damage caused to OBI or Brain-CODE, or any systems upon which Brain-CODE relies or is connected, on account of the use of my Brain-CODE account or login particulars, including third party access thereto.
8. I agree that I am fully liable for the confidentiality of any Data that I have downloaded or made copies of with respect to the obligations listed in this Agreement. I agree that I am fully liable for the unauthorized use of any such Data whether be me, or a third party, however such third party may have obtained access to such Data.
9. I may use the Data for the Permitted Purpose provided I include the following language in any publication, or any presentation or disclosure of the Data, or works derived from or including the Data:
“We would like to acknowledge the individuals and organizations that have made data [and analysis] used for this research available including [ID program name/Data producer name], the Ontario Brain Institute, the Brain-CODE platform, the Government of Ontario, as well as [independent collaborator names].”
10. I will immediately provide written notice to OBI upon gaining knowledge of the occurrence of any of the following: (i) unauthorized use of, or access to, Brain-CODE and/or the Data and (ii) abnormalities in the Data or evidence that certain Data is incorrect.
11. I will abide by all applicable laws that relate to the use of Brain-CODE and the Data.
12. OBI makes no representations that Brain-CODE or the Data are appropriate or available for use in any particular location.
13. OBI reserves the right to change, suspend, remove, or disable access to Brain-CODE or the Data at any time without notice. In no event will OBI be liable for the removal of or disabling of such access. OBI may also impose limits on the use of, or access to, Brain-CODE or the Data, as the case may be, without notice or liability.
15. In the event that I enter into a Data Use Agreement with OBI, any provisions of the Data Use Agreement contradict and are otherwise incapable of being construed in conjunction with the provisions of this Agreement, the provisions of the Data Use Agreement shall take precedence over those contained in this Agreement, including without limitation the ability to download and share Data.
16. I expressly acknowledge and agree that use of Brain-CODE and access to the data are at my sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with me. To the maximum extent permitted by applicable law, Brain-CODE and the data and any services performed or provided by Brain-CODE ("services") are provided "as is" and “as available”, with all faults and without warranty of any kind, and OBI hereby disclaims all warranties and conditions with respect to the Brain-CODE and the data and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. OBI does not warrant against interference with your enjoyment of Brain-CODE or the data, that the functions contained in, or services performed or provided by, Brain-CODE will meet your requirements, that the operation of Brain-CODE or services will be uninterrupted or error-free, or that defects in Brain-CODE, the data, or services will be corrected. No oral or written information or advice given by obi or its authorized representative shall create a warranty.
17. To the extent not prohibited by law, in no event shall OBI be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use Brain-CODE or access the data, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if OBI has been advised of the possibility of such damages.
18. Any rights I have to access Brain-CODE and the Data are non-transferable and not exclusive.
19. My obligations under this Agreement with respect to access to Brain-CODE continue for the entire period over which I have access to Brain-CODE. The following sections of this Agreement survive termination: 2,3, 4, 5, 6, 7, 8, 9, 11, 14, 15, 19, 20, 21, 22
20. No amendment to or modification of this Agreement will be binding unless in writing and signed by OBI.
21. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
23. It is my express wish that this Agreement and any related documents be drawn up and executed in English. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant soient redigés et signés en anglais.