LICENSE

IPSS-M API Terms of Use

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE IPSSM-API. BY
ACCESSING ANY PORTION OF IPSSM-API, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, PLEASE DO NOT ACCESS IPSSM-API.

IPSS-M API is developed and maintained by Memorial Sloan Kettering Cancer Center
("MSK", "we", or "us") and the Papaemmanuil Lab to provide programmatic 
calculation of the IPPS-M score via a Restful API. 

MSK may, from time to time, update the software and other content on 
https://github.com/papaemme/ipssm-api ("Content"). MSK makes no warranties or 
representations, and hereby disclaims any warranties, express or implied, 
with respect to any of the Content, including as to the present accuracy, 
completeness, timeliness, adequacy, or usefulness of any of the Content. The 
entire risk as to the quality and performance of the Content is with you. By 
using this Content, you agree that MSK will not be liable for any losses or 
damages arising from your use of or reliance on the Content, or other websites 
or information to which this Content may be linked, including any general, 
special, incidental, or consequential damages arising out of the use or inability
to use the Content including, but not limited to, loss of data or data being
rendered inaccurate or losses sustained by you or third parties or a failure of
the Content to operate with any other software, programs, source code, etc.

By making any use of the Content or submitting any information or data along with
such to us, you authorize MSK to copy, modify, display, distribute, perform, use,
publish, and otherwise exploit the same for any and all purposes, all without
compensation to you, for as long as we decide (collectively, the "Use Rights"). In
addition, you authorize MSK to grant any third party some or all of the Use Rights.
By way of example, and not limitation, the Use Rights include the right for us to
publish any data or information submitted in whole or in part for as long as we
choose. By providing any data or information, you represent and warrant that (i) you
own all rights in and to the information or data (including any related intellectual
property rights) or have sufficient authority and right to provide the content and
to grant the Use Rights; (ii) your submission of the information or data and grant
to us of Use Rights do not violate or conflict with the rights of other persons, or
breach your obligations to other persons; and (iii) the information or data does not
include or contain any personally identifiable information (PII) or protected health
information (PHI).

DO NOT submit personally identifiable information (PII) or protected health
information (PHI) in connection with any information or data or otherwise.

You may use IPSS-M API, the underlying content, and any output therefrom for personal,
academic research, and noncommercial purposes only, including teaching and research
at universities, colleges, and other educational institutions. You may not use it
for any other purpose. You may not publish the Content in any capacity, including in
scientific or academic journals or literature, or the results of such research,
without MSK’s express written permission. You may not otherwise redistribute or
share the Content with any third party, in part or in whole, for any purpose, without
the express written permission of MSK. You may not sell, resell, rent, lease, or
exchange the Content or any derivative works in any form for commercial purposes,
for anything of value, or for any profit whatsoever, including any sort of monetary
compensation. Any use of the Content for commercial purposes, including but not
restricted to running business operations, licensing, leasing, or selling the
Content, distributing the Content for use with commercial products, consulting
activities, design of commercial hardware or software products, or distributing to
a commercial entity participating in research projects, requires MSK’s express
written permission and provision of an appropriate license.

Without limiting the generality of the foregoing, you may not use any part of the
IPSS-M API, the underlying Content, or the output for any other purpose, including:

a. use or incorporation into a commercial product or towards the performance of
a commercial service;
b. research use in a commercial setting;
c. diagnosis, treatment or use for patient care or the provision of medical
services; or
d. generation of reports in a medical, laboratory, hospital, or other patient
care setting.

You may not copy, transfer, reproduce, modify, sell, sublicense, distribute or
create derivative works of IPSS-M API or the underlying Content for any commercial
purpose without the express permission of MSK. Any attempt otherwise to copy,
transfer, modify, sublicense or distribute the Content is void, and will automatically
terminate your rights under these Terms of Use.

The output of IPSS-M API and the underlying Content is not a substitute for
professional medical help, judgment, or advice. Use of IPSS-M API does not create a
physician-patient relationship or in any way make a person a patient of MSK. A
physician or other qualified health provider should always be consulted for any
health problem or medical condition.

Neither these Terms of Use nor the availability of IPSS-M API should be understood to
create an obligation or expectation that MSK will continue to make IPSS-M API available.
MSK may discontinue or restrict the availability of IPSS-M API at any time. MSK may
also modify these Terms or Use at any time.

Any use of the Content is subject to MSK’s intellectual property rights, including
any granted, pending, or filed provisional patent applications, and any other patent,
copyright, trademark, trade secret, or other intellectual property rights. You shall
ensure that your use of the Content is marked with the appropriate and original
copyright notices in a prominent position in the order and manner provided by MSK.
You shall abide by all applicable copyright laws and what are considered to be sound
practices for copyright notice provisions. You shall not use or affix any copyright
notices to the Content, including, without limitation, those that conflict with,
confuse, or negate the notices MSK provides and requires hereunder. MSK respects the
intellectual property rights of others, just as it expects others to respect its
intellectual property. If you believe that any content (including data or information
uploaded by you) to the Content or other activity taking place on the website where
it is hosted constitutes infringement of a work protected by copyright, please notify
us.

Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512)
(the "DMCA"). Upon receipt of a compliant notice, we will respond and proceed in
accordance with the DMCA.

By using IPSS-M API, you consent to the jurisdiction and venue of the state and federal
courts located in New York City, New York, USA, for any claims related to or arising
from your use of IPSS-M API or your violation of these Terms of Use, and agree that
you will not bring any claims against MSK that relate to or arise from the foregoing
except in those courts.

If, as a consequence of a court judgment or allegation of patent infringement or for
any other reason (not limited to patent issues), conditions are imposed on you
(whether by court order, agreement, or otherwise) that contradict the conditions of
these Terms of Use, they do not excuse you from the conditions of these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable, then
such provision shall be struck and the remaining provisions shall be enforced.
Headings are for reference purposes only and in no way define, limit, construe, or
describe the scope or extent of such section. MSK’s failure to act with respect to a
breach by you or others does not waive its right to act with respect to subsequent or
similar breaches. This agreement and the terms and conditions contained herein set
forth the entire understanding and agreement between MSK and you with respect to the
subject matter hereof and supersede any prior or contemporaneous understanding,
whether written or oral.

Inquiries about the Content should be directed to bernardelsa@gmail.com, 
arangooj@mskcc.org, or papaemme@mskcc.org.

If you are interested in using IPSS-M API for purposes beyond those permitted by these
Terms of Use, please contact papaemme@mskcc.org to inquire concerning the availability 
of a license.