Prior to accessing the SENSE® Intervention you must review and agree to the following terms and conditions on behalf of yourself and/or, if applicable, your employer (“Licensee”).
Washington University in St. Louis (“WU”) grants permission to use and reproduce the SENSE® Intervention without modification or editing of any kind, solely for (1) patient care purposes, defined as an individual’s use of the SENSE® Intervention for non-research patient care services, specifically excluding use in clinical trials, product promotion, and/or electronic medical/health records (EMR/EHR), and (2) non-commercial, academic research.
Licensee shall not remove any copyright or patent notice or trade secret legend from any copy of the SENSE® intervention, and the Licensee shall not assert and shall not represent to any third party that it has any ownership rights in, or the right to sell, transfer, assign or sub-license the SENSE® intervention.
All uses of the SENSE® Intervention shall contain the following copyright notice: “Copyright 2017. The SENSE® Intervention is a copyrighted instrument of Washington University in St. Louis, Missouri. All rights reserved.”
You assume all liability due to or arising from your use of the SENSE® Intervention. WU will not be liable to Licensee for any loss, claim or demand made or incurred by the Licensee or any third party, due to or arising from the use of the SENSE® Intervention by Licensee. Further, the following terms of liability or indemnification will apply as indicated, depending on if Licensee is an institution of the state, a U.S. Government Agency, or other:
If the Licensee is an institution of the state or a U.S. Government Agency:
Except to the extent prohibited by law, Licensee agrees to indemnify as follows: Licensee agrees to indemnify, defend and hold harmless WU, and each of its present and former trustees, faculty, staff, employees, students, directors, officers, agents, successors and assigns (each a “WU Indemnitee”) from and against any and all judgments, losses, expenses, damages and/or liabilities (including, without limitation, any and all attorneys’ and expert witness fees and court costs), that a WU Indemnitee may incur from any and all claims, suits, actions and/or proceedings (collectively, “Claims”) due to or arising out of the use of the SENSE® intervention by Licensee or any third party using the SENSE® intervention on behalf of Licensee.
If the Licensee is NOT an institution of the state or a U.S. Government Agency:
Licensee agrees to indemnify, defend and hold harmless WU, and each of its present and former trustees, faculty, staff, employees, students, directors, officers, agents, successors and assigns (each a “WU Indemnitee”) from and against any and all judgments, losses, expenses, damages and/or liabilities (including, without limitation, any and all attorneys’ and expert witness fees and court costs), that a WU Indemnitee may incur from any and all claims, suits, actions and/or proceedings (collectively, “Claims”) due to or arising out of the use of the SENSE® intervention by Licensee or any third party using the SENSE® intervention on behalf of Licensee.
Licensee further agrees, represents, and warrants that it will not make any edits, modifications, or derivative works of the SENSE® intervention.
