General
The Society for Imaging Informatics in Medicine (SIIM) is a not-for-profit organization with the mission to spearhead research, education, and discovery of innovative solutions to advance imaging informatics, enable the best use of images throughout the healthcare enterprise, and improve the delivery and quality of patient care. Our goal is to promote education and research activities in the field of healthcare imaging informatics. We ask you to support us in fulfilling it-to educate the imaging community on the benefits of the next generation of health IT standards, including new REST-based DICOM and HL7 standards.
If in connection with the SIIM Hackathon Platform, Participant creates any software, programming code, materials, algorithms, information or data (collectively, “Results”). Participant will be the sole and exclusive owner of such new Results. SIIM does not claim any license or any intellectual property rights in Participant’s new Results, except for the limited license to review the submission as part of Hackathon judging.
By signing below, you hereby affirm that (i) you are someone who is at least 18 year old and are competent to enter into an agreement such as this, (ii) your participation in the Hackathon is voluntary and you have no expectations and waive any claim to any compensation or remuneration from SIIM, other participants and the donors of any material used in the Hackathon, and (iii) you understand that, in conjunction with your participation in the Hackathon, you will be exposed to the works of others and are bound to respect whatever licenses are in effect on their Intellectual Property.
Data and Material Usage
Conditioned on Participant’s continued compliance with this Agreement, Participant may access and use the SIIM Materials only for purposes of the SIIM Hackathon Platform and for the duration thereof, and for no other purpose. This is a revocable, limited, non-exclusive, non-sublicenseable, and nontransferable license. All rights not expressly granted to Participant herein are hereby expressly reserved to SIIM. Without limitation of the foregoing, Participant agrees that the SIIM Materials may not, in whole or in part, be used in any form or manner or by any means inconsistent with this Agreement or outside of the SIIM Hackathon Platform, except to the extent that SIIM Materials use standard interfaces, open source components under separate license and data (i.e. TCIA image sets) that are not owned by SIIM and available from other sources. In addition, SIIM reserves the right to delete any software, programming code, materials, algorithms, or data or take other action that SIIM believes in good faith violate this Agreement and/or are, or are potentially, unlawful or harmful to SIIM or the Hackathon Platform.
Participant acknowledges that the SIIM Materials do not contain any personally identifiable information. Participant agrees further not to attempt, through any means, to determine, create, or otherwise obtain any personally identifiable information about any person through Participant’s use of or access to the SIIM Materials or participation by Participant in the SIIM Hackathon Platform.
Participant agrees to not upload any protected health information (PHI) to SIIM servers or API Supplier/Data Donor servers as part of SIIM Hackathon activities. PHI includes “individually identifiable health information,” as defined in 45 CFR (Code of Federal Registry) 160.
Information and Results
Participant agrees that Participant will only provide true, accurate, current, and complete information when submitting information or materials to SIIM, or in connection with the SIIM Hackathon Platform.
Proprietary Rights
The SIIM Hackathon Platform and any and all SIIM Materials, unless otherwise indicated, are owned, controlled, and licensed by SIIM or its licensors. Participant agrees not to remove or alter any proprietary notice on or in the SIIM Materials except for the usage rights expressly granted in this Agreement, SIIM does not grant any express or implied right to Participant or any other party. Participant may not use the trademarks, service marks, names, logos or icons of SIIM (or its parent, affiliates, or subsidiaries) or its licensors, without the express written permission of SIIM.
SIIM Release
In consideration of participation the SIIM Hackathon Platform, Participant hereby agrees to release, discharge and hold harmless SIIM, and their parent, affiliates, subsidiaries, officers, directors, agents, employees, contractors, volunteer staff, successors, and assigns, and in the case of SIIM Hackathon Platform, the Gaylord National Resort & Convention Center, members of its governing boards and its faculty, fellows, and students from any and all liability that may arise directly or indirectly, now or in the future, by reason of any injury, damage, loss, or expense incurred in connection with or relating to the SIIM Hackathon Platform. Participant also hereby waives any and all claims or causes of action, which Participant may now or hereafter have against SIIM that may arise as a result of Participant’s participation in the SIIM Hackathon Platform or with respect to any Results created or developed by Participant.
Photographic, Video, and Information Release
Participant hereby authorizes SIIM and its authorized employees, representatives, or contractors to film, photograph and interview Participant and otherwise document Participant’s participation in the SIIM Hackathon Platform, and with respect thereto, Participant hereby transfers and assigns to SIIM, as applicable, all right, title and interest in and to any and all interviews, photographic images, video and audio recordings, and statistical measurements regarding physical characteristics of Participant or in which Participant may be wholly or partially included in any form. Participant hereby waives any right to inspect or approve the foregoing, any materials that may be used in connection with the foregoing, or the use to which they may be applied.
Disclaimer
THE SIIM MATERIALS ARE OTHERWISE PROVIDED AND THE SIIM HACKATHON PLATFORM IS OTHERWISE OPERATED AND IMPLEMENTED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY. PARTICIPANT AGREES THAT IN NO EVENT SHALL SIIM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO PARTICIPATION IN THE SIIM HACKATHON PLATFORM OR THE USE OF THE SIIM MATERIALS BY PARTICIPANT OR ANYONE ELSE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SIIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Term and Termination
This Agreement will take effect when Participant executes this Agreement and is effective until terminated. This Agreement will terminate on the earlier of (i) SIIM determining, in its sole discretion, that the SIIM Hackathon Platform is complete, (ii) Participant determining, in his/her sole discretion, to cease participation in the SIIM Hackathon Platform (with oral or written notice to SIIM), or (iii) SIIM providing Participant with oral or written notice of termination of this Agreement. Upon termination or expiration of the Agreement, any right to use the SIIM Materials will immediately cease, and Participant must return to SIIM, and destroy or delete all other copies of or notes on, the SIIM Materials (in any and all forms or media). All confidentiality clauses of this Agreement will survive the termination or expiration of this Agreement for any reason.
Miscellaneous
This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the Commonwealth of Virginia as applied to agreements entered into and completely performed in the Commonwealth of Virginia. This Agreement represents the entire agreement between Participant and SIIM with respect to the SIIM Hackathon Platform, and it supersedes all prior or contemporaneous communications in any form between Participant and SIIM with respect to the SIIM Hackathon Platform or SIIM Materials. No joint venture, partnership, employment, alliance, or agency relationship exists between Participant and SIIM as a result of this Agreement or the SIIM Hackathon Platforms. Participant understands and agrees that no failure to delay by SIIM in exercising any right, power, or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or future exercise thereof or the exercise of any other right, power, or privilege hereunder. If any part of this Agreement is held by a court to be contrary to law, that part shall be changed and interpreted so as to best accomplish the objectives of the original part to the fullest extent allowed by law, and the remaining parts of this Agreement will remain in full force and effect. This Agreement may not be assigned or transferred by Participant without the prior express written consent of SIIM.
Acknowledged and Agreed
The undersigned Participant above hereby agrees to be bound by this Participation Agreement.
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