CONDITIONS OF USE OF THE WEBSITE: “PVA BRAIN PHANTOM IMAGES”
Recitals
The
Institut National de Recherche en Informatique et en Automatique, a
French scientific and technological public body, governed by decree
85.832 of August 2, 1985 whose registered office is at Domaine de
Voluceau – Roquencourt, PO Box 105, 78153 LE CHESNAY CEDEX, France
(“INRIA”) has been authorized by Sean Jy-Shynag Chen, Pierre Hellier,
Jean-Yves Gauvrit, Maud Marchal, Romain Carpentier, Xavier Morandi and
D. Louis Collins to use and give access at the address,
http://pvabrain.INRIA.fr/, to external users to the images files of the
PVA Brain phantom they have created within the frame of their
professional research activity. - Any use of the Website and
of its services is subject to the prior acceptation by the user of
those conditions of use as described in article 1 below. - Before any use of the Web-site, the user must ascertain that he holds the necessary rights and means to use such Website.
1. Acceptance Procedure
The user must read carefully those conditions of use, print them and keep one copy of them. User’s
acceptance of all terms of those conditions of use shall be deemed
given upon clicking on the “Acceptance” button provided for at the end
of this document.
2. Object
The purpose of those conditions of use is to set forth the rules of use of the Website.
3. Definition
In
those conditions of use the term, “Website” shall mean the website
edited and hosted by INRIA accessible via internet at the address
http://pvabrain.INRIA.fr/ containing notably images of the PVA Brain
Phantom that can be downloaded by the user under the following
conditions of use.
4. Term
Those conditions of use are
applicable to the user as from its first use of the Website during the
whole existence of the Website, until they are eventually replaced by
new conditions of use.
5. Language
The language in those
conditions of use is the English language only due to the international
provenance of the users of the Website.
6. Use authorized/limits
The user acknowledges and accepts that between the user and INRIA, INRIA holds all property rights pertaining to the Website. The
INRIA authorizes only the user accepting those conditions of use to use
the Website and its images files of PVA Brain phantom: - only for research purpose on a non exclusive basis and for free for the duration set forth in article 3 ; - to download the images files of PVA Brain Phantom, to analyse them, adapt them and modify them. Any
commercial use of this Website and its images files of the PVA Brain as
well as any redistribution to a third party of the PVA Brain images
files are expressly prohibited by INRIA. In particular any use of the
results of the Website/images files of the PVA Brain in any health and
sanitary pre-approval procedure and in any diagnosis is expressly
prohibited by INRIA. Any such use shall be at user’s own risks and
damages. As this Website is provided to user solely for research
purpose, INRIA reserves its rights to modify or temporarily or
definitely interrupt access to the Website at its sole discretion at
any time and for any cause, without any prior information of the user. The
user expressly agrees that those conditions of use do not grant in any
manner to the user any continuous or perpetual rights to use the
Website.
7. Controls
INRIA may carry out technical checking
and take any protective measures for: the security of the Website,
maintenance reasons or technical management.
The use of the
Website may be analyzed and controlled in accordance with data
protection rules and in order to make sure that the use of the Website
remains in compliance with those conditions of use. In this frame, the
INRIA reserves its rights to collect and keep the information necessary
to the good working order of the Website.
In particular, the
connections and attempts to be connected on the Website are logged. For
each connection, the date, hour, duration and physical address of the
connection source are kept. Those logs can be kept until ten
years. A network metrology disposal and an intrusion prevention system
are also working. The logs are the source and destination network
addresses, different elements within the heading of the network packs
and volume of the data. This information is kept and is only at the
technical manager’s disposal.
The user accepts to receive from
INRIA notices concerning the Website by numerical means (including but
not limited to electronic-mail, web page etc…).
8. User Commitments
The
user commits to use the Website in accordance with national and
international rules, and in particular not to use it for illegal or
threatening for private life purposes. 8.1 The user shall not: -
mislead INRIA by wrongfully use the name or corporate name of other
persons or hiding its true identity in its use of the Website and/or of
the PVA Brain Phantom Images ; - use on the Website a trademark, a
service mark , a commercial name, a logo belonging to a company or
organization in conditions that might engender, deliberately or not, a
confusion regarding the owner or the licensed person to use the marks,
names, logos ; - use the Website and the PVA Brain Phantom Images to
infringe third party’s rights such as, including but not limited to,
trade secret, professional secrecy, confidential information,
trademark, patent and generally any industrial or intellectual property
right or any other right on a protected content or information ; -
block and/or disturb the functioning of the Website notably by
introducing electronic virus or any code or program, created to
interrupt, destroy or limit the functionality of any software, computer
or telecommunication tool ;
- intercept communications from
third parties or collect information coming from third parties without
their prior agreement notably by a network sniffer software, machines
scans, vulnerability tests ; - leave access to the Website at disposal of non authorized users through material which he is using ; - endanger the security and good functioning of servers which he has access to ; - not to develop, install or copy programs destined to bypass the security, saturate the Website. 8.2 The user shall: - comply with the present conditions of use ; -
transmit data via the Website only after obtaining all agreements
legally necessary in his country from third parties concerned ; -
respect the technical standards applicable for the connection and
access to the Website and/or the prescriptions from the technical
manager designated ; - indicate to the technical manager any problem or wrong-full use or suspicion of wrong-full use ; - insure himself the protection of its information and data ; - be at any time ready to provide INRIA with any information concerning his use of the Website.
9 Publications Obligations :
For
any communication or publication mentioning results obtained by using
the Website (hereafter the « Articles »), the user commits to cite the
following reference : S.J.
Chen, P. Hellier, J-Y. Gauvrit, M. Marchal, X. Morandi, and D.L.
Collins An Anthropomorphic Polyvinyl Alcohol Triple-Modality Brain
Phantom based on Colin27 In 13th International Conference on Medical
Image Computing and Computer Assisted Intervention, Miccai 2010,
Beijing, China, September 2010.
10. Warranties
10.1
User’s Warranties : The user commits to hold INRIA harmless against any
action or any complaint against him, by a third party, coming from the
use by user of the Website and/or the PVA Brain Phantom Images or
through the material in his possession in conditions not in accordance
with those conditions of use. This warranty includes any sum that INRIA
might be required to pay for any reason, including legal counsel fees
and proceeding fees recognized or judged. 10.2 INRIA’s Warranties
Exclusion : INRIA makes no warranties whatsoever regarding the use of
the Website and/or the PVA Brain Phantom Images. In this regard, it is
specified that INRIA makes no express or implied warranty regarding the
use of the Website and/or the PVA Brain Phantom Images by the user
including but not limited to availability, usefulness, reliability,
appropriate or present nature of the Website. In addition, INRIA makes
no representation and warranties to the user that any of his
experimentations and/or results obtained with the use of the Website
and/or PVA Brain Phantom Images shall respond to any of his attempts
and/or needs.
11. Responsibility
11.1 User’s
Responsibility : All connections to the Website and downloading from
the Website are deemed made by the user himself. This clause also
applies when the user pre-registers an identification name and a
password for his mail box and his computer, allowing an automatical
connection to the Website. The user declares to accept the
specificities and limits of the Website and of Internet and in
particular acknowledges to be aware of the nature of the Website and
internet, and in particular of their technical capacities. 11.2
INRIA’s Limitation of Responsibility : Generally, as the Website has
been built for research purpose only, the INRIA makes no
representations and warranties regarding the use of the Website. The
INRIA shall in no case be considered responsible of the reliability of
data transmission, of access time, possible restrictions on the Website
or of its connected networks. It is in addition specified that
INRIA shall not be responsible of the use, interpretation, reliability
and accuracy of results found by use of the Website and/or PVA Brain
Phantom Images.
In no case, INRIA shall be responsible of
indirect damages including but not limited to any commercial, moral or
financial prejudice, comprising any loss of profit, having its origin
or cause in the use of the Website and/or PVA Brain Phantom Images.
Limitations
to representation and warranties exposed in article 10 and 11.2 shall
apply even if INRIA has been informed, or should have been informed of
the probability of a damage for the user.
12. Applicable Law – Jurisdiction
It is expressly agreed between user and INRIA that those conditions of use shall be governed by French law. INRIA and user shall try to settle amicably any disagreement pertaining to interpretation or enforcement of this Agreement. If
the Parties fail to settle amicably their disagreement, such
disagreement shall be brought before the French competent court.