CIEL Legal Terms and License - OpenConceptLab/ocl_user_wiki GitHub Wiki

The Columbia International eHealth Laboratory (CIEL) dictionary is a shared open concept dictionary. CIEL is protected by copyright.

Portions of CIEL content were created by and/or are owned by other entities. This content includes, but is not limited to, Intelligent Medical Objects, Inc. (IMO) lexical codes. IMO is the sole owner of the copyrights in the IMO lexical codes, which are protected by copyright and similar rights separate and apart from any rights (i) existing in CIEL content or (ii) deriving from the compilation of CIEL and other proprietary materials, including but not limited to the IMO lexical codes.

The rights granted under this license are limited to the right to use and reproduce the CIEL licensed material and the proprietary material incorporated therein, including but not limited to the IMO lexical codes. Nothing in this license shall be interpreted to constitute an ownership interest in CIEL or the proprietary material included therein.

Content made available through CIEL may be used, reproduced, and shared: by any entity making Non-Commercial use of the CIEL licensed material; worldwide; including or not including derivative works; provided that the CIEL licensee or end user provides proper attribution to the source material, whether it be derived from CIEL or another entity.

When any licensee or end user uses, reproduces, or shares the CIEL licensed material, including in modified or derivative form, the licensee or end user must retain the following information: identification of the creator(s) of the CIEL licensed material and any others designated to receive attribution; a copyright notice; and, a notice that refers to this license. Attribution is required for any and all content creators of the CIEL licensed material, including but not limited to CIEL and IMO. The right to use, reproduce and share the CIEL licensed material is contingent upon the licensee or end user’s compliance with this attribution requirement.

No modification or derivative works based on the CIEL licensed material and the proprietary material included therein will be deemed to destroy or supersede any copyright or similar rights that do or will exist in the CIEL licensed material and the proprietary material included therein.

No modification or derivative works based on the CIEL licensed material and the proprietary material included therein will be deemed to nullify or destroy the right to attribution to each and every content creator and owner of the CIEL licensed material and the proprietary material included therein.

When any licensee or end user reproduces or shares the CIEL licensed material, that licensee or end user must do so UNDER EXACTLY THE SAME TERMS AS THIS LICENSE.

All copyrights and similar rights and all rights to attribution will survive the termination of this license.

##MODIFIED CREATIVE COMMONS ATTRIBUTION-NONCOMMERCIAL LICENSE

By exercising the Licensed Rights (defined below), Licensee accepts and agrees to be bound by the terms and conditions of this CIEL License (“License”). To the extent this License may be interpreted as a contract, Licensee is granted the Licensed Rights in consideration of Licensee’s acceptance of these terms and conditions, and the Licensor grants Licensee such rights in consideration of benefit the Licensor receives from making the Licensed Material available under these terms and conditions.

###Section 1 – Definitions.

a. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized.

b. Derivative Works means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor.

c. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.

d. Licensed Material means the Columbia International eHealth Laboratory (CIEL) concept dictionary and portions of CIEL created and/or owned by other entities including but not limited to Intelligent Medical Objects, Inc. (IMO) and IMO lexical codes.

e. Licensed Rights means the rights granted to Licensee subject to the terms and conditions of this License, which are limited to all Copyright and Similar Rights that apply to Licensee’s use of the Licensed Material and that the Licensor has authority to license.

f. Licensee means the individual or entity exercising the Licensed Rights under this License.

g. Licensor means the individual(s) or entity(ies) granting rights under this License, namely the Columbia International eHealth Laboratory (CIEL) dictionary and Intelligent Medical Objects, Inc. (IMO®) (“IMO”).

h. Non-Commercial means not primarily intended for or directed towards commercial advantage or monetary compensation.

i. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.

j. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.

###Section 2 – Scope.

a. License Grant.

  1. The Columbia International eHealth Laboratory dictionary (CIEL) is a shared open concept dictionary. CIEL is protected by copyright.

  2. Portions of CIEL content were created by and/or are owned by other entities. This content includes, but is not limited to, Intelligent Medical Objects, Inc. (IMO) lexical codes. IMO is the sole owner of the copyrights in the IMO lexical codes, which are protected by copyright separate and apart from any Copyright and Similar Rights (i) existing in CIEL content or (ii) deriving from the compilation of CIEL and IMO proprietary materials.

  3. Content made available through CIEL may be used, reproduced, and Shared:

A. By any entity making Non-Commercial use of the Licensed Material;

B. Worldwide;

C. Including or not including Derivative Works;

D. Provided that Licensee provides proper attribution, as explicitly detailed in Section 3 of this License.

  1. Media and formats; technical modifications allowed. The Licensor authorizes Licensee to make technical modifications necessary to exercise the Licensed Rights in all media and formats whether now known or hereafter created. The Licensor waives and/or agrees not to assert any right or authority to forbid Licensee from making technical modifications necessary to exercise the Licensed Rights. For purposes of this License, simply making modifications authorized by this Section 2(a)(4) never produces Derivative Works.

  2. Downstream recipients.

A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this License.

B.No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material

b. Other rights.

  1. Patent and trademark rights are not licensed under this License.

  2. The Licensor expressly reserves any right to collect royalties, including but not limited to when the Licensed Material is used other than for Non-Commercial purposes.

###Section 3 – License Conditions.

Licensee’s exercise of the Licensed Rights is expressly made subject to the following conditions.

a. Attribution.

  1. If Licensee Shares the Licensed Material (including in modified form), Licensee must:

A. Retain the following if it is supplied by the Licensor with the Licensed Material:

i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution;

ii. a copyright notice;

iii. a notice that refers to this License;

iv. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;

B. Indicate if Licensee modified the Licensed Material to the extent reasonably practicable.

C. Indicate the Licensed Material is licensed under this License.

  1. If Licensee Shares a Derivative Work produced by Licensee, Licensee must not prevent recipients of the Derivative Work from complying with this License.

  2. All attribution by Licensee must differentiate between CIEL Licensed Material and other proprietary material distributed in conjunction with CIEL including but not limited to the IMO lexical codes.

###Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Licensee’s use of the Licensed Material:

a. For the avoidance of doubt, Section 2(a) grants Licensee the right to reuse, reproduce, and Share all or any portion of the contents of the database for Non-Commercial purposes only;

b. If Licensee includes all or a substantial portion of the database contents in a database in which Licensee has Sui Generis Database Rights, then the database in which Licensee have Sui Generis Database Rights (but not its individual contents) is a Derivative Work; and,

c. Licensee must comply with the conditions in Section 3(a) if Licensee Shares all or any portion of the contents of the database.

For the avoidance of doubt, this Section 4 supplements and does not replace Licensee’s obligations under this License where the Licensed Rights include other Copyright and Similar Rights.

###Section 5 – Other Terms and Conditions.

a. This License applies for the term of the Copyright and Similar Rights licensed here. However, if Licensee fail to comply with this License, then Licensee’s rights under this License terminate automatically.

b. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time.

c. The Licensor shall not be bound by any additional or different terms or conditions communicated by Licensee unless expressly agreed.

d. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this License.

e. Sections 1 and 5 survive termination of this License.

f. To the extent possible, if any provision of this License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this License without affecting the enforceability of the remaining terms and conditions.

Full text PDF of Terms of Use