Terms of Use and Participation

INTRODUCTION

These Terms of Use and Participation apply to everyone who Uses this Site (as defined below), or who Participates in the MassVentil Project.

BY USING THIS SITE OR PARTICIPATING IN THE MASSVENTIL PROJECT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, THEN DO NOT USE THIS SITE AND DO NOT PARTICIPATE IN THE MASSVENTIL PROJECT.

2. DEFINITIONS

2.1 “Administrator” means a person responsible for managing the contents available on the Site.

2.2 “Materials” means source code, code samples, object code, technical materials, documentation, data, and any other content, information or technology available on the Site or in other form to the Users and/or Participants of the MassVentil Project.

2.3 “MassVentil Patent Rights” means all patent and utility model rights relating to the MassVentil System in any country or region of the world.

2.4 “MassVentil Patent License” means a license governing the MassVentil Patent Rights, the terms of which can be found at massventil.org/licenses/

2.5 “MassVentil Project” means a project for developing the MassVentil System.

2.6 “MassVentil System” means a Modular Multi-Patient Ventilator System.

2.7 “Participation” means any form of participation in the development of the MassVentil System including, but not limited to performing testing, developing, programming or designing tasks; providing technical or medical counselling or other support in connection with the MassVentil System; providing equipment, devices, parts, components or other resources for testing or building the MassVentil System or any prototype thereof.

2.8 “Participant” is a person or entity who Participates in the MassVentil Project.

2.9 “Site” means the collection of web pages under the domain massventil.org.

2.10 “Submissions” means any Material submitted in the framework of the MassVentil Project as a Participant of the MassVentil Project.

2.11 “Terms” means these Terms of Use and Participation.

2.12 “Use” and its variants are meant in their broadest sense, including, but not limited to, the acts of using, accessing, receiving, browsing, downloading from, and uploading to.

2.13 “User” is a person or entity who Uses the Site, as well as the person or entity on whose behalf another person is Using the Site.

2.14 “You” means you personally, as well as the person or entity on whose behalf you are Using the Site.

3. ACCESS TO THE SITE

3.1 You agree to Use the Site at Your own risk. You understand that the Materials accessible on the Site are not pre-screened, and You agree to assume all risks in Using them. These risks include, but are not limited to, errors, viruses, worms, time-limited software that expires without notice, and the possibility that the Materials infringe or misappropriate the intellectual property rights of others. You agree to assume all such risks.

3.2 You agree that the Administrator has sole discretion in deciding whether to make available any Submission from a User or a Participant on the Site. You agree that the Administrator may delete Materials for any reason (including no reason) whatsoever. You understand that access to the Site may be limited for technical reasons, that outages may occur, and that the Administrator has no obligation to store or back up any Materials. You agree that the Administrator has the right to restrict or terminate, in his or her sole discretion, access to the Site for any reason.

3.3 You understand that this Site may provide links to other sites or content that is not managed by the Administrator, and you agree that the Administrator has no control over, responsibility or liability whatsoever relating to any such sites or content, including Your Use of them.

4. SUBMISSIONS AND PARTICIPATION IN THE MASSVENTIL PROJECT.

4.1 You Take Responsibility for Your Submissions. You warrant that You have all rights needed to provide Your Submissions for making available on the Site in accordance with the Terms and to grant the licenses set forth in sections 4.2 and 4.3. You agree that You will make all reasonable efforts to ensure that Your Submissions: (a) do not infringe, misappropriate or violate the intellectual property rights or privacy interests of others; (b) are not confidential or trade secret information, or subject to anyone’s privacy interests; (c) are not inaccurate, harmful, obscene, pornographic, defamatory, racist, or otherwise objectionable to a reasonable User; and (d) do not violate any law, ordinance, or regulation of any country, state or locality or any other regulation imposed by any authority, employer or other authorised entity.

4.2. Source Code and other Copyright Submissions. You agree that any source code or any other work subject to copyright protection that You contribute to the MassVentil Project can be made available to the public by the Administrator and will be governed by the Creative Commons Attribution-ShareAlike 4.0 International Public License, the terms of which can be found at massventil.org/licenses/ You acknowledge that You are responsible for including all applicable copyright notices with Your Submissions, and that You assume the risks of failing to do so, including the potential loss of Your rights to Your Submissions.

4.3. Other Submissions. (This Section applies to all Submissions other than source code and copyright submissions contributed to the MassVentil Project.) In order to fulfil the purposes of the MassVentil Project, by Participating You automatically grant to the Administrator and all Users and Participants a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right and license under Your intellectual property rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use Your Submissions (in whole or part) and to incorporate them in other works in any form, media, or technology now known or later developed, all subject to the obligation to retain any copyright notices included in Your Submissions.

4.4 Other Licenses/Terms. BY USING THIS SITE OR PARTICIPATING IN THE MASSVENTIL PROJECT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE MASSVENTIL PATENT LICENSE AND AGREE TO ITS TERMS, WHICH CAN BE FOUND AT massventil.org/licenses/

4.5 Privacy. The MassVentil Project takes place at the University of Obuda at Hungary (hereinafter: University) and is coordinated by the employees of the University, for which reason the General Data Protection Regulation of the University applies to the MassVentil Project. You consent to the collection, processing and storage by the Administrator of any personal information provided by You in accordance with the terms of the General Data Protection Regulation of the University, which is available at http://uni-obuda.hu/en/node/20152 . You agree to comply with all applicable laws and regulations, and the terms of the General Data Protection Regulation of the University, with respect to any use by You of any personal information in connection with this Site or the MassVentil Project.

5. MISCELLANEOUS

5.1 Safety Notice. YOU UNDERSTAND THAT THE MASSVENTIL SYSTEM IS NOT AN APPROVED AND AUTHORISED MEDICAL DEVICE IN ANY COUNTRY. YOU UNDERSTAND AND AGREE THAT USING THE MASSVENTIL SYSTEM OR ANY MATERIALS AS PART OF ANY VENTILATOR MAY PRESENT A POTENTIAL HEALTH RISK, EVEN RISK OF DEATH, AND MAY BE A CRIMINAL OFFENCE IN YOUR COUNTRY. YOU UNDERSTAND THAT ANY USE OF THE MASSVENTIL SYSTEM OR ANY MATERIALS AS PART OF ANY VENTILATOR MAY BE SUBJECT TO AUTHORISATION IN YOUR COUNTRY AND YOU AGREE TO PERFORM ALL ACTS AND PROTOCOLS TO OBTAIN ANY SUCH AUTHORISATION BEFORE USING THE MASSVENTIL SYSTEM OR ANY MATERIALS AS PART OF ANY VENTILATOR ON HUMANS OR ANIMALS.

5.2 Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL MATERIALS FOUND ON IT, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. THE ADMINISTRATOR DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ADMINISTRATOR MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE. YOU AGREE TO ASSUME ALL RISK OF LOSS OR LIABILITY FOR THE USE OF THIS SITE OR ANY MATERIALS ON IT.

5.3 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ADMINISTRATOR IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE, AS WELL AS DISABILITY, HEALTH DAMAGE OR DEATH) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR MATERIALS, EVEN IF THE ADMINISTRATOR HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE).

5.4 All logos and trademarks contained on this Site are and remain the property of their respective owners. No licenses or other rights are granted in respect of such logos and/or trademarks to You by the Terms. If you wish to use the trademark “MassVentil” or the corresponding MassVentil logo you are requested to contact the Administrator at massventil.communication@gmail.com

5.5 These Terms may be changed or updated by the Administrator without notice.

5.6 These Terms of Use and Participation are governed by the substantive and procedural laws of Hungary and any disputes arising under or in connection therewith shall be subject to the exclusive jurisdiction of the courts of Hungary to which You hereby submit.

5.7 If any term of these Terms of Use and Participation is found to be invalid or unenforceable, the remaining provisions will remain effective.