Content and Usage of the Site
All text, graphics, photos, artwork, sounds, music, trademarks, service marks, logos, visual interfaces, machine interfaces, software, programs, and computer code that is contained on the Site including its form, arrangement, relationship, expression, elements, design, selection, structure, perceptible character, and specification (collectively, “Content”) is owned, controlled, or licensed to or by GDA, and is protected by proprietary rights under applicable intellectual property and unfair competition laws.
You agree that you will use the Site and Content only in a lawful manner.
Software Functionality and Performance
The Content on the Site includes GDA’s IM3UNE™ software, providing an early stage and developmental tool for monitoring and modeling the Covid 19 pandemic, including hospitalization forecasts/predictions at different geographical resolution, and utilizing JHUAPL-Bucky software licensed from Johns Hopkins University Applied Physics Laboratory as a component of (the IM3UNE™ software and the JHUAPL-Bucky software, collectively, “Software”).
THE SOFTWARE AND RESULTS ARE NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL GDA, OR ITS AFFILIATES OR SERVICE PROVIDERS, BE LIABLE FOR ANY CLAIM, DAMAGES, LOSS, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF OR OTHER DEALINGS IN THE SOFTWARE.
The Results of the Software may include projections that are subject to the quality and availability of the data provided by the user. Accordingly, the Results may only be useful for short-term projections at a county, state or national level to an extent that is constrained by data quality, modeling assumptions, and model calibration.
THE RESULTS OF THE SOFTWARE THEREFORE ARE UNDERSTOOD AND AGREED TO BE PROVIDED “AS IS” AND “AS AVAILABLE.” GDA EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OF, CONCERNING, OR RELATING TO THE RESULTS, AND THEIR ACCURACY, PREDICTIVE CHARACTER, USE, AND RELIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GDA, AND ITS AFFILIATES AND SERVICE PROVIDERS, HEREBY DISCLAIM AND WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE RESULTS.
The Results of the Software project at a population level and not for a specific individual. THE RESULTS DO NOT MAKE OR CONSTITUTE ANY MEDICAL DIAGNOSES, DO NOT PRESCRIBE ANY TREATMENT OR PROPHYLACTIC ACTION, AND ARE NOT INTENDED TO BE RELIED ON WITH RESPECT TO INDIVIDUAL MEDICAL CONDITIONS, DISEASE SUSCEPTIBILITY, TREATMENT OPTIONS, PROGNOSES, OR OUTCOMES. If you have a medical emergency, you should contact your healthcare provider or local emergency number immediately.
With respect to the Software and Results, you further agree that:
(i) you will not use or attempt to use the Software or Results in connection with or furtherance of any criminal or civil violations of applicable regional, state, federal, or international laws, regulations or other government requirements, including, without limitation: theft or infringement of copyrights, trademarks, trade secrets or other forms of intellectual property; fraud; forgery, theft or misappropriation of funds, credit cards or personal information; and threats of physical harm or harassment;
(ii) you will not use or attempt to use the Software or Results in any manner that has the purpose and/or effect of malicious confusion of public health messaging; and
(iii) you will not use or attempt to use the Software or Results to violate the security of any network, service or other system. Examples of correspondingly prohibited activities include, without limitation: hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
User Privacy and Personal Data
The Software as provided by GDA does not collect, permanently store, or transmit any personal data, and GDA does not know or obtain the identity of users of the Software.
Copyright and Permission Notices Required By Licensed JHUAPL-Bucky Software
The copyright and permission notices, regarding the JHUAPL-Bucky software licensed by GDA from Johns Hopkins University Applied Physics Laboratory, are set forth below, in compliance with the appertaining license:
Copyright (c) 2020 The Johns Hopkins University Applied Physics Laboratory LLC.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "JHU Software"), to deal in the JHU Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the JHU Software, and to permit persons to whom the JHU Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the JHU Software.
THE JHU SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE JHU SOFTWARE OR THE USE OR OTHER DEALINGS IN THE JHU SOFTWARE.
Comments and Submissions
GDA welcomes your comments. All comments, suggestions or other information sent by you to GDA or its advertisers or business partners concerning the Software, whether solicited or not, shall be the property of GDA, including all intellectual property rights therein, and you expressly acknowledge and agree that any such submissions are made without any expectation or obligation of any review, compensation or consideration by GDA hereunder.
Applicable Governing Law
With respect to any legal action relating to or arising in connection with the Site, Content, Software, or Results, you hereby consent and submit to the exclusive jurisdiction of the State and Federal courts located in North Carolina, with venue in Wake County, North Carolina U.S.A.