Effective Date: 24 March 2017
The Research Software is made available by COGSTATE strictly and exclusively to support legitimate academic (non-commercial) research. The Study must, by way of example but not limitation: (a) be funded by an academic entity; (b) not form part of a submission to a regulatory entity (e.g., the FDA); (c) be undertaken with the intent to publish; and (d) not be restricted in terms of publication imposed by a for-profit company. User hereby warrants that the Study meets at least the preceding criteria and that it will respond to any reasonable request by COGSTATE for evidence of such compliance. If it is determined by COGSTATE, at its reasonable discretion, that the Study is not a legitimate academic (non-commercial) research study, User agrees to pay COGSTATE the price differential for a commercially sponsored study, as calculated with reference to COGSTATE commercial pricing at the time of calculation.
3. Not a medical device
The Research Software and the results generated by the Research Software are provided for purposes of academic research only. Neither the Research Software nor the results generated by the Research Software are designed or intended to provide medical advice, a medical diagnosis, or be used for therapeutic purposes or as a substitute for the advice of a health professional.
The Research Software is designed only to provide a simple measure of cognitive function and to assist you in measuring and assessing changes in cognitive function over time. Cognitive function can change for many reasons, including but not limited to, lack of sleep, impairment due to substance abuse, distraction, and many other reasons that have nothing to do with injury or disease. Research Software provides no guidance as to the cause of any change in cognitive function and cannot be used to diagnose an injury or any other medical condition.
4. Disclaimer of Warranties; Limitation of Liability
Transmission of personal and study-specific information provided for registration via the website is effected through media connections beyond the control and supervision of COGSTATE. COGSTATE disclaims any and all liability for or relating to the delay, failure, interruption, corruption or loss of any data transmitted in connection with use of the website and/or the Research Software.
The website, the Research Software and results generated by the Research Software, are provided on an “as is,” “where is” basis.
5. Use of the Research Software
6. Ownership of Intellectual Property.
Notwithstanding anything herein to the contrary, COGSTATE hereby agrees that User is the owner of all right, title and interest in and to the cognitive testing data produced by the Research Software in the Study, provided however, that in consideration for the use of the Research Software, User hereby grants to COGSTATE a non-exclusive, world-wide, perpetual, irrevocable, royalty-free and sub-licensable license to use any and all such cognitive testing data produced by the Research Software in the Study for purposes of its own research and development. User hereby agrees that it will deliver to COGSTATE a full dataset of such cognitive testing data within thirty (30) days of the end of the Study and hereby represents and warrants that it has obtained all rights, consents and permissions necessary to grant this license to COGSTATE.
User hereby agrees that COGSTATE may identify User as a user of the Research Software.
7. Privacy and Submission of Personal Information
8. Issuance and Use of the COGSTATE Password
Upon registering to use the Research Software, User will choose and register with COGSTATE a unique password which will enable User to use the Research Software and access the results generated by the Research Software. This password will also allow User to provide and store certain information. Once a password has been created, User shall be solely responsible for taking all reasonable steps to ensure that no unauthorized person gain access to the password. User shall be solely responsible for the safekeeping of the password, authorizing use of such password, contacting COGSTATE immediately upon learning of any misappropriation of such password and/or requesting deactivation of the password. User hereby grants COGSTATE and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use this information in connection with the operation of the Research Software.
User expressly agrees that the results of the Research Software are intended to be used solely for the purposes of the Study. They are not intended to provide medical advice, diagnose whether a person is suffering from dementia or has suffered an injury, or as a substitute for the advice of a health professional.
User hereby agrees that it will conduct the Study in compliance with all applicable domestic and international laws, rules and regulations, including but not limited to the U.S. Food, Drug and Cosmetic Act, Health Insurance Portability and Accountability ACT (“HIPPAA”) and the regulations promulgated pursuant thereto, as amended from time to time, and with the standard of care customary in the industry.
User hereby agrees and acknowledges that all notices sent to User for any reason, may be sent via email. Notice will be deemed to have been given 24 hours after the e-mails have been sent and it is User responsibility to ensure that COGSTATE has a current and operational email address for User.