IMPORTANT NOTICE: PLEASE READ CAREFULLY
BEFORE REGISTERING TO USE THE SERVICE: This agreement is a legal agreement between
you, the individual who accepts this Agreement, (User
or you) and IXICO Limited of London Bioscience
Innovation Centre, 2 Royal College
Road, London, NW1 0NH (IXICO
or we) for the TrialWire Free service.
By clicking on the "Accept" button
below you agree to the terms of this agreement which will bind you. If you do not agree to the terms of this
agreement, you must discontinue registration to use the TrialWire Free service
now by clicking on the "Reject" button below and you may not use the
TrialWire Free service.
TrialWire
Free is an online software tool accessed through www.mytrialwire.com, www.trialwire.co.uk and www.trialwire.us
(the “Site”).
TrialWire Free assists users to de-identify and organise large volumes
of medical imaging data using parameters defined by the user and facilitates
electronic transfer of the data from the user’s computer equipment to a
destination of the user’s choice (this service, together with associated
services carried out by IXICO such as the hosting of the Site, shall be
described as the “Service”). The software
for the Service (including the software for the Site and software downloaded
and auto-installed on the user’s computer equipment as part of the Service)
together with any upgraded or altered version of such software made available
to you shall be described as the “Software”.
The Software is a free release made available for user evaluation and
testing. Further information about the
Service is available on the Site in the form of the Instructions for Use,
Technical Information and FAQs (referred to in this agreement, together with
any other documentation about the Service which we may make available to you,
as the “Documentation”).
Ixico
offers the free version of the Service to the medical imaging community for use
free of charge solely in relation to research trials that are covered by
suitable ethics or IRB consent and/or for educational purposes where suitable
consent is in place. For information
about use of a non-free version of the Service with additional features on a
chargeable basis, please contact us at info@ixico.com.
Access to the Service: Subject to the terms of this agreement, IXICO grants you, free of
charge, a non-exclusive, non-transferable licence, to access and use the
Service through the Site, and to use the Software, solely in connection with
research trials that are covered by suitable ethics or IRB consent and/or for
educational purposes where suitable consent is in place.
You must register through the Site
in order to access and use the Service.
Upon registration, you will be issued with a password which will enable
you to log in to your account on the Site in order to access and use the
Service. You agree not to disclose your
password to anyone else or to allow anyone else to access or use the Service
with it.
Scope of the Service: The Service has not been developed to meet your individual requirements
and it is your responsibility to ensure that the facilities and functions of
the Service as described in this agreement and the Documentation meet your
requirements. We do not guarantee that
use of the Service will ensure your compliance with patient privacy or
confidentiality laws or regulations. It
is your responsibility to check that legal and regulatory requirements
applicable to your activities are met and to ensure that the results obtained
from the use of the Service meet your requirements.
We cannot guarantee the security
or integrity of data transferred using the Service and accept no responsibility
for loss of, changes to, or corruption of data, for unauthorised use of or
access to data. Data transferred using
the Service will not be encrypted except by the encryption built into the
transfer protocol (eg: ftps) if that is selected. It is your responsibility to decide upon (and
correctly input details of) the destination to which you choose to send your
data.
The Service is not a medical
device or clinical tool. The Service may
be used solely in relation to research trials that are covered by suitable
ethics or IRB consent and/or for educational purposes where suitable consent is
in place. IXICO reserves the right to cease provision or change the Service at
any time either for any customer or for any group of customers or for all
customers of the Service at any time.
The Service is made available on
an “as is” basis. All conditions,
warranties, representations or other terms, express or implied, except those
specifically stated in this agreement are hereby excluded to the fullest extent
permitted by law. The Site and the
Software may not be free of bugs or errors and we cannot guarantee that access
to the Site will be uninterrupted or that the Service will always be available
or will be error-free. We give no
warranty and make no representation that the Site, the Software and/or the
server that makes the Site available is free of viruses or other harmful
components.
Assistance with the Service: If you have any queries about the Service,
please refer to our Instructions for Use, Technical Information and FAQs. We do
not provide email or telephone support for the free Service.
We welcome your comments and
feedback on the Service and you can make comments and discuss the Service with
other users through the discussion forum on the Site. However, we do not undertake to respond to
your comments and feedback. You agree
not to post any material that is illegal, offensive, libellous or infringes
someone else’s intellectual property rights on the discussion forum. We may
remove from the discussion forum any material that we believe is inappropriate,
irrelevant, misleading, illegal, offensive, libellous or infringes someone
else’s intellectual property rights.
Changes to the Service: We reserve the right to make changes to the Service without giving you
advance notice. These changes may
include upgrades to the Service or additional features or functions. We intend to continue to make the Service
available free of charge but we give no undertaking to continue to do so. If changes are made to the Service, continued
use of the Service (and/or of the additional features) may be subject to
acceptance of a new version of this agreement and/or payment of charges.
Data Collection: IXICO
does not transfer to its servers or store any personally identifiable
information about patients or volunteers contained in the User’s medical
imaging data files. In order to help us
improve the Service, we may collect other data relating to your use of the
Service. This may include information
about the speed of transfers from your system to the destination of your
choice, frequency of use of the Service by you, volume of data transferred to
the destination of your choice, and DICOM tag information relating to the type
of scanner used and type of scan (such as modality, and scanner manufacturer)
for your medical image data.
Your Undertakings: You
agree to acknowledge use of the Service in all publications and presentations
of research or projects in relation to which you have made use of the Service.
Except
as expressly set out in this agreement or as permitted by any local law which
is incapable of exclusion by agreement between us, you agree:
-
not
to host or attempt to host your own version of the Service, or otherwise make
the Service and/or the Software available to any third party and not to copy or
attempt to copy the Software or Documentation except where such copying is
incidental to authorised use of the Software or Documentation or where it is
necessary for the purpose of back-up or operational security;
-
not
to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the
Software or the Documentation nor attempt to do so;
-
not
to disassemble, de-compile, reverse engineer or create derivative works based
on the whole or any part of the Software or otherwise reduce the Software to
human-perceivable form nor attempt to do so.
If you
would like to make the software available to anyone else or to charge anyone
else for use of the software, please contact us to discuss the possibility of
making alternative arrangements to allow you to do so.
Intellectual Property Rights: You
acknowledge that all intellectual property rights in the Service, the Site, the
Software and the Documentation throughout the world belong to IXICO or its
licensors, that rights in the Software are licensed (not sold) to you, and that
you have no rights in, or to, the Service, the Site, the Software or the
Documentation other than the right to use them in accordance with the terms of
this agreement.
Your Data You
agree to fully compensate us by reimbursing the amount of any such losses or
costs to us upon request in relation to any losses or costs (including
reasonable legal expenses) we incur as a result of any claim, allegation or
court proceedings brought against us by a third party in connection with data
in relation to which you use the Service and/or your use of such data.
Exclusions and Limitations of our Liability: Nothing
in this agreement shall exclude or limit IXICO’s liability for fraud, or for
death and personal injury caused by its negligence, or any other liability to
the extent that it cannot be excluded or limited as a matter of law.
Except as set out in the paragraph
above, because the Service and is made available to you free of charge, IXICO
excludes all liability arising out of or in connection with this agreement, the
Service, the Software, the Site, the Documentation and/or your use of or
inability to use the Service.
Termination: We may at any time and for any reason, or for our convenience,
terminate this agreement, your registration and your access to the Site and the
Service immediately by written notice to you at the address provided by you
upon registration.
Upon termination for any reason
all rights granted to you under this agreement shall cease and you must
immediately cease all activities authorised by this agreement and delete or
destroy all copies of the Software and/or the Documentation in your possession.
Your password for the Site will be invalidated.
General:
You may not transfer, assign, charge or otherwise dispose of this agreement, or
any of your rights or obligations under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of this
agreement, or any of our rights or obligations arising under it, at any time.
If we fail to insist on strict
performance of any of your obligations or to exercise any of the rights or
remedies to which we are entitled, this shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with such
obligations.
If any of the terms of this agreement
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.
This agreement represents the
entire agreement between us in relation to the provisions of the Service and
licensing of the Software and Documentation, sets out the full extent of our
obligations and liabilities, and supersedes any prior agreement, understanding
or arrangement between us. We each acknowledge that, in entering into this
agreement, neither of us has relied on any statement or representation (other
than a fraudulent misrepresentation), undertaking, warranty, term, condition,
course of dealing or promise, express or implied, except as expressly stated in
this agreement.
This agreement, its subject matter
and/or its formation (including non-contractual disputes or claims) shall be
governed by and construed in accordance with English law and any dispute
relating to this agreement, the Service, the Software, the Site and/or the
Documentation shall be submitted to the non-exclusive jurisdiction of the
English courts.