TLEMsafe License Agreement

Non-Commercial Academic Use Only

<<TLEM 2.0 Dataset>>

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This TLEMsafe License Agreement, including all exhibits is a legal agreement between you and TLEMsafe consortium (“TLEMsafe” or “we”) for the data identified above, which may include source code, and any associated materials, text or speech files, associated media and "online" or electronic documentation and any updates we provide in our discretion (together, the "Dataset").

By installing, copying, or otherwise using this Dataset, you agree to be bound by the terms of this TLEMsafe License Agreement. If you do not agree, do not install, copy, or use the Dataset. The Dataset is protected by copyright and other intellectual property laws and is licensed, not sold.


SCOPE OF RIGHTS:

You may use this Dataset for any non-commercial academic purpose, subject to the restrictions in this TLEMsafe License Agreement. Some examples of non-commercial academic purposes are teaching and academic research.

You may not use or distribute this Dataset or any derivative works in any form for commercial purposes. Examples of commercial purposes would be running business operations, licensing, leasing, or selling the Dataset, distributing the Dataset for use with commercial products, using the Dataset in the creation or use of commercial products or any other activity which purpose is to procure a commercial gain to you or others.

You may create derivative works of the Dataset and use the modified Dataset solely for non-commercial academic purposes, as provided herein. If you distribute the Dataset or any derivative works of the Dataset, you will distribute them under the same terms and conditions as in this license, and you will not grant other rights to the Dataset or derivative works that are different from those provided by this TLEMsafe License Agreement. Your license rights to the Dataset (or any TLEMsafe intellectual property associated therewith) does not include any license, right, power or authority to subject the Dataset or derivative works thereof in whole or in part to the terms of any license that requires as a condition of use, modification and/or distribution of data subject to such license that the data or other derivative works combined and/or distributed with such software be (A) disclosed or distributed in source code form; (B) licensed for the purpose of making derivative works; or (C) redistributable at no charge.

If you have created derivative works of the Dataset, and distribute such derivative works, you will cause the modified files to carry prominent notices so that recipients know that they are not receiving the original Dataset. Such notices must state: (i) that you have changed the Dataset; and (ii) the date of any changes.

 

In return, we simply require that you agree:

  1. To acknowledge “Carbone, V., Fluit R., et al., TLEM2.0 – A comprehensive musculoskeletal geometry dataset for subject-specific modeling of lower extremity. Journal of Biomechanics (2015), http://dx.doi.org/10.1016/j.jbiomech.2014.12.034” and “TLEMsafe Project funded by the Seventh Framework Programme (FP7) of the European Union” in any academic presentation and publication that may derive from the use of the Dataset

  2. That you will not remove any copyright or other notices from the Dataset.

  3. That you will not: (i) use the Dataset or any component of the Dataset or any program, code, application or technology created through use of the Dataset (for example, an application or program compiled using the included compilers) in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product, or with data that has not been sufficiently backed up.

  4. That any feedback about the Dataset provided by you to us is voluntarily given, and TLEMsafe shall be free to use the feedback as it sees fit without obligation or restriction of any kind, even if the feedback is designated by you as confidential.

  5. THAT THE DATASET COMES "AS IS", WITH NO WARRANTIES. THIS MEANS NO EXPRESS, IMPLIED OR STATUTORY WARRANTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DATASET OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THIS DATASET WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. ALSO, YOU MUST PASS THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE THE DATASET OR DERIVATIVE WORKS.

  6. THAT NEITHER TLEMSAFE NOR ANY CONTRIBUTOR TO THE DATASET WILL BE LIABLE FOR ANY DAMAGES RELATED TO THE DATASET OR THIS TLEMSAFE LICENSE AGREEMENT, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, TO THE MAXIMUM EXTENT THE LAW PERMITS, NO MATTER WHAT LEGAL THEORY IT IS BASED ON. ALSO, YOU MUST PASS THIS LIMITATION OF LIABILITY ON WHENEVER YOU DISTRIBUTE THE DATASET OR DERIVATIVE WORKS.

  7. That we have no duty of reasonable care or lack of negligence, and we are not obligated to (and will not) provide technical support or bug fixes for the Dataset.

  8. That if you breach this TLEMsafe License Agreement or if you sue anyone over patents that you think may apply to or read on the Dataset or anyone's use of the Dataset, this TLEMsafe License Agreement (and your license and rights obtained herein) terminate automatically. Upon any such termination, you shall destroy all of your copies of the Dataset immediately. Sections 4 through 9 of this TLEMsafe License Agreement shall survive any termination of this TLEMsafe License Agreement.

  9. That all rights not expressly granted to you in this TLEMsafe License Agreement are reserved.

  10. That this TLEMsafe License Agreement shall be construed and controlled by the laws of the Netherlands, without regard to conflicts of law. If any provision of this TLEMsafe License Agreement shall be deemed unenforceable or contrary to law, the rest of this TLEMsafe License Agreement remain in full effect and interpreted in an enforceable manner that most nearly captures the intent of the original language.


Additional information