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TERMS_GENERAL
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The Johns Hopkins University Applied Physics Laboratory Terms & Conditions of Use for Health Related Software
The Software code included with this file and related applications (“Software”) is licensed under the MIT open source license (“License”). These Terms and Conditions are not a license; instead, they provide guidelines on use and the output of the Software (“Results”) separate and independent of the source code license. The License will govern in the event of any contradictory terms between the License and this document. To the extent that any Results of the Software, including copies or substantial portions of the Software, may be attributed to the Johns Hopkins University or the Johns Hopkins University Applied Physics Laboratory, these Terms and Conditions shall apply.
The Johns Hopkins University Applied Physics Laboratory is referred to in these Terms & Conditions of Use as JHU/APL, “we,” “us” or “our.” THE SOFTWARE AND RESULTS ARE NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY.
Projection
The Results may include a projection that is subject to the quality and availability of the data provided by the user. Accordingly, the Results may only be useful for short-term projections at the county, state or national level to the extent constrained by data quality, modeling assumptions, and model calibration.
THE RESULTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” JHU/APL DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JHU/APL, ITS AFFILIATES AND SERVICE PROVIDERS HEREBY DISCLAIM AND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE RESULTS.
No Medical Advice
The Results project at a population level not for a specific individual and DO NOT MAKE ANY MEDICAL DIAGNOSES. Call your health care provider or your local emergency number immediately if you have a medical emergency.
Privacy
The Software (as provided by JHU/APL) does not collect, permanently store, or transmit any personal data. JHU/APL does not know the identity of users of the Software.
Data Protection and Responsible Data Management
The data to be transferred will be of ‘low or no’ sensitivity, meaning that if disclosed or accessed without proper authorization, it is unlikely to cause any harm or negative impacts to affected people and/or humanitarian actors. This means the data can be shared publicly.
For the purposes of these Terms, Responsible Data Management entails adherence to a set of principles, processes and tools that support the safe, ethical and effective management of data in humanitarian response. This includes upholding high standards for data protection, privacy, and security.
In cases where the Data is found to be of a higher level of sensitivity than ‘low or no’ as specified above, you should take all the necessary technical and organizational measures to protect the data against accidental, or unauthorized destruction, accidental loss, unauthorized access, use, alteration or dissemination, and against all other unauthorized forms of processing.
Such measures may include selecting a secure tool or method for transfer, removal of unnecessary sensitive data, secure storage options, limiting access to the data before, during and after transfer, and/or stipulating a shorter term for retention of the Data.
Access and Interference
You agree that you will not use the Software or Results in connection with criminal or civil violations of applicable provincial, state, federal or international laws, regulations or other government requirements, including theft or infringement of copyrights, trademarks, trade secrets or other types of intellectual property; fraud; forgery, theft or misappropriation of funds, credit cards or personal information; and threats of physical harm or harassment.
You agree that you will not use (or attempt to use) the Software or Results to violate the security of a network, service or other system. Examples of prohibited activities include hacking, cracking into, monitoring or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
Comments and Submissions
JHU/APL welcomes your comments. All comments, suggestions or other information sent by you to JHU/APL or its advertisers or business partners (if any) in response to solicitations on the Software become JHU/APL property and you agree that all intellectual property rights therein are transferred to JHU/APL. You have no expectation of any review, compensation or consideration for any submission hereunder.
Indemnification
You agree to indemnify and hold harmless JHU/APL, The Johns Hopkins University, and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors, contractors and/or others involved with the Software, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms & Conditions of Use or your use of any products, services or information obtained from the Software or Results.
Applicable Law
These Terms & Conditions of Use shall be governed in all respects by and construed in accordance with the laws of the State of Maryland, U.S.A., without regard to its conflicts of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Maryland, with respect to any action arising in connection with the Software or Results.