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TWikiAdminUser - 25 Aug 2008
Welcome to OSDD
Open Source Drug Discovery platform hereafter referred to as OSDD to include OSDD members, OSDD foundation, CSIR, its partners, sponsors and agents.
OSDD is a CSIR- led, Team India consortium with a vision to provide affordable healthcare through collaborative drug discovery to reduce the cost involved in drug discovery process. The OSDD program covers the entire spectrum of processes in drug discovery. This includes the identification of drug-able non-toxic targets,
in vitro and
in vivo validation,
in silico screening of molecules, lead optimization, pre-clinical toxicity and clinical trials.
OSDD welcomes all those who share its vision and are committed to the cause. This website enables sharing of ideas, information, articles, papers and other literary work, data, reagents, notes, etc., among the users of OSDD for furtherance of the OSDD vision.
In formulating these Terms the OSDD programme addresses the potential problem of other parties filing, and being awarded patents or other Intellectual Property Rights based on the information, data, ideas or other materials available on its website, either pre-existing or generated by the OSDD community.
OSDD recognizes that to protect the legal rights of the OSDD, the contributors and the results of the collaborative research, it is necessary that it take legal action against those misappropriating the Intellectual Property available and which has arisen from the collaborative research.
Towards this end, all participants are required to partially assign their right(s) pertaining to whatever they contribute, to CSIR acting on behalf of OSDD,for the sole purpose of taking action against any potential infringement. Such an assignment is partial and only for the purpose of protecting the Intellectual Property generated by OSDD. This step will prevent the IPR based on the information, ideas and Intellectual Property generated by the OSDD users from being misappropriated. Thus OSDD/CSIR holds the Intellectual Property over the content generated as Protected Commons.
We offer the services of OSDD and the OSDD website/portal for all those who are committed to the OSDD vision. To use the OSDD portal, its contents, software, web-based and other services you agree to the following terms and conditions and any policies, guidelines or amendments thereto that may be presented to you from time to time including, but not limited to, the terms and conditions (Terms) listed below. These Terms may be updated in future and you will be able to find the most current version of this Agreement on the website
www.osdd.org.
OSDD Terms and Conditions
1 Use of Services
1.1 OSDD offers the services available on its website to you, provided that you are of legal age to form a binding contract and are not a person barred from participating in OSDD by the laws of India or any other applicable jurisdiction. Use of this site constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the site. OSDD acting through CSIR (India) reserves the right to change these terms and conditions at any time by posting changes online.
1.2 In order to access the information and services available on OSDD website you are required to provide current and accurate identification for contact as well as other information as part of the registration process. You may be required to fill out online form(s) available on the website.
1.3 You are responsible for maintaining the confidentiality of your password. You will be held responsible for all the activities from your account.
1.4 You are responsible for regularly reviewing information posted online to keep abreast of any changes. OSDD or CSIR India does not accept any responsibility to keep you informed about any changes in the terms of use. Your continued use of the site after changes are posted constitutes your acceptance of the agreement as modified by the posted changes.
2 Appropriate content
2.1 You agree that you are responsible for any content that you create, transmit or display while using the OSDD website. You agree to use these services only for the purposes that are legal and proper, in accordance with the vision and purpose of OSDD and in accordance with the Terms and any applicable policies or guidelines.
2.2 You agree that you will not act or indulge in any activity that will disrupt the services of OSDD website or services provided therein or even the network connected to this website.
3 Proprietary Rights
3.1 OSDD is a secure platform for drug discovery. The OSDD website, its services, the content, ideas, information, data, research results and other materials generated by users and any information available on its website form a Protected Commons. Such information, data, research results and other material available on the website belong solely to the OSDD community, to be used to further its vision and mission thereby forming a Protected Commons. To this extent, the information available on this website in any form is confidential information and the proprietary right of the OSDD. Any appropriation of this information to use it to develop patent rights based on such information, without an explicit license of OSDD acting through CSIR, shall be misappropriation of the Protected Commons, liable to legal action under the applicable laws.
3.2 By using this website and in consideration thereof you agree that any information, ideas, data, content, research results, invention, etc submitted by you or generated using the website shall be held by OSDD acting through CSIR in Trust as Protected Commons and you authorize OSDD acting through CSIR to take any action in furtherance of the vision of OSDD and to protect the rights of Protected Commons.
3.3 In order to exercise action against infringement of these Terms, particularly against those who appropriate the ideas, information, data, content, etc available on the website as a basis for obtaining patent, you agree to assign partially, any Intellectual Property Right held by you to OSDD, to be exercised by CSIR India on your behalf in Trust as Protected Commons, for the sole and limited extent of protecting the rights of Protected Commons.
3.4 You assign to OSDD acting through CSIR the worldwide royalty free rights over the Intellectual Property generated out of the drug discovery process, for the sole purpose of furthering the vision and mission of OSDD and for that purpose only. It is understood that if the Intellectual Property so generated is used for any purpose contrary to its vision and mission, this assignment shall stand unconditionally revoked.
3.5 In furtherance of the above assignment you agree that OSDD acting through CSIR may license any Intellectual Property generated out of OSDD for the sole purpose of furthering the vision and mission of OSDD.
Your Rights
3.6 Except as stated above, OSDD contents created on OSDD shall be governed by Creative Commons license. You are advised to read and familiarize with the terms of the Creative Commons license available at
http://creativecommons.org/.
You may exercise the rights provided under that license with to any information, data or content available on the site.
3.6 You may submit your patented inventions (product or process) for the use of OSDD. You may retain the rights over the patents except to the extent to be used in the drug discovery process or for selling any product or process arising out of your invention. By submitting your patented invention for OSDD you agree not to place any encumbrances on the product or process arising out of the use of your patented product or process.
Other Terms
- Users are not permitted to use "web crawlers" or other types of software or hardware technology to automatically download large amounts of material from the site. Elements of the site are also protected by trademark, copyright and other laws and may not be imitated in whole or in part on other web sites.
- Attempts to destroy the website by any destructive means such as by introducing viruses would entail legal consequences.
- You agree to indemnify OSDD and CSIR India against all legal fees, damages and other expenses that may be incurred by a result of your breach of the above warranty.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of India. Disputes arising here from shall be exclusively subject to the jurisdiction of the High Court of Delhi, India.
- INDEMNITY –
- You agree to hold harmless and indemnify OSDD from and against any third party claim arising from or in any way related to your use of OSDD services, violation of the Terms or any other actions connected with use of OSDD services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
- This website has been designed in good faith by OSDD CSIR, but no representation is made or warranty given [either express or implied] as the completeness or accuracy of the information contained therein. By accessing this site you agree that OSDD CSIR will not be liable for any direct or indirect loss arising from the use of the information and the material contained in this website. The Protected Commons material contained in this website belongs to and remains solely with OSDD CSIR.
- You agree that you are solely responsible for all contents posted by you on the website and indemnify OSDD CSIR from any 3rd party claim relating to Intellectual Property or any other rights.
- DISCLAIMER OF WARRANTIES - You expressly understand and agree that:
- Your use of OSDD services is at your sole risk. OSDD services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, OSDD expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
- OSDD do not warrant that (i) OSDD services will meet your requirements, (ii) OSDD services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of OSDD services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through OSDD services will meet your expectations, and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of OSDD services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from OSDD or through or from OSDD services shall create any warranty not expressly stated in the terms.
- LIMITATIONS OF LIABILITY - YOU EXPRESSLY UNDERSTAND AND AGREE THAT OSDD SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OSDD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OSDD SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OSDD SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OSDD SERVICES; OR (v) ANY OTHER MATTER RELATING TO OSDD SERVICES.
- NO THIRD PARTY BENEFICIARIES - You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
- NOTICE
You agree that OSDD may provide you with notices, including those regarding
changes to the Terms, by email, regular mail, or postings on OSDD services.
- GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and OSDD and govern your use of OSDD services, superceding any prior agreements between you and OSDD for the use of OSDD services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other OSDD services, affiliate services, third-party content or third-party software.
11.
Waiver and Severability of Terms. The failure of OSDD to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
12.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of OSDD services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.
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TWikiAdminUser