Table of contents

1. Incorporation of the TERMS OF USE
2. Subject Matter of the TERMS OF USE
3. Parts of the Contract and Order of Precedence
4. Registration and Eligibility
5. Submission of Solutions
6. Protection of Integrity and Authenticity
7. Use of the WEBSITE
8. Rights of Use
9. Copyright, Protection of Trademarks and Brands
10. Infringement of Property Rights
11. Warranty and Liability
12. Confidentiality
13. Changes to the WEBSITE
14. Validity and Changes of the TERMS OF USE
15. Termination
16. Applicable Law; Place of Jurisdiction
17. Severability

1. Incorporation of the TERMS OF USE

1.1 Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V., Hansastraße 27c, 80686 Munich, Germany, acting through its Fraunhofer-Institut für Angewandte Informationstechnik FIT, Schloss Birlinghoven, Konrad-Adenauer-Straße, 53754 Sankt Augustin, Germany (in the following „FRAUNHOFER“) provides SAIRA – THE OPEN ACCESS HUB TO FIGHT COVID-19 (in the following "OPEN ACCESS HUB") for the public (in the following “USERS”) under the domain “https://saira.eco/open-access-covid-19/” as well as the corresponding pages (in the following “WEBSITE”) on the basis of the following TERMS OF USE.

1.2 By visiting WEBSITE and using the OPEN ACCESS HUB, each visitor and each USER consents to the following provisions of the TERMS OF USE. If you do not agree to be bound by these rules, do not access this WEBSITE and do not use the OPEN ACCESS HUB.

1.3 The following TERMS OF USE shall also be deemed to have been agreed if a contract between the USER and FRAUNHOFER provides that further or deviating terms may only be agreed using the written form or if it requires other formal requirements. Insofar the USER waives any conflicting formal requirements

1.4 The governing language of these TERMS OF USE is English.

2. Subject Matter of the TERMS OF USE

2.1 FRAUNHOFER provides the OPEN ACCESS HUB to the public (“USER”) for the purpose of bringing together the world’s technologies and expertise to fight COVID-19. The OPEN ACCESS HUB allows the public (e.g. researchers, companies, SMEs, start-ups, non-governmental and government organizations) to share technologies, data, and papers focusing on COVID-19.

2.2 The functions of the WEBSITE and the specification of the OPEN ACCESS HUB are described on the website that is known and available to the USER.

2.3 Using the WEBSITE is free of charge.

3. Parts of the Contract and Order of Precedence

3.1 In connection with the use of the OPEN ACCESS HUB and the WEBSITE the following terms apply:

1. TERMS OF USE
2. SUBMISSION RULES

3.2 In case of contradictory provisions between the terms the order of precedence of the terms according to section 3.1 shall apply.

3.3 The Parties have not agreed on any other terms for the use of SAIRA and the WEBSITE.

4. Registration and Eligibility

4.1 To engage in activities within the OPEN ACCESS HUB, USERs do not need register or create an account.

4.2 Each USER must be 18 years or older and a natural person.

5. Submission of Solutions

5.1 Submitted items are published on the WEBSITE after a review by an expert.

5.2 The USER is obliged to provide accurate and current information as prompted during the submission process. In particular, the USER shall provide an email-address which is within his control and provide this address upon solution.

5.3 After each submission, the USER receives an email to complete the submission of the item, which will be reviewed by an expert.

5.4 USER can delete their solutions by writing an Email to info@saira.eco indicating the solution to be deleted as well as proving the identity of the submitting person (Email address).

5.5 Content contributed by anyone other than FRAUNHOFER does not necessarily express the views of FRAUNHOFER as the operator of the WEBSITE.

5.6 FRAUNHOFER reserves the right to ask the submitting teams to provide proof of the information presented as a project outline or success story. Any false declaration or any fraud will lead to the immediate termination of the relationship between FRAUNHOFER and the USER

6. Protection of Integrity and Authenticity

6.1 The integrity and authenticity of electronic documents provided by and to a USER will be ensured through reasonable technical and organizational measures.

6.2 Moreover, FRAUNHOFER makes and archives secure protocols of access to the WEBSITE as well as the download of electronic documents for the security of the USER.

7. Use of the WEBSITE

7.1 Each visitor and USER may use this WEBSITE only for lawful purposes and in compliance with all applicable and valid laws and only in the context of the express or perceptibly intended possibilities and purposes of use.

7.2 In particular, any abusive use of this WEBSITE is prohibited, e.g. decompiling or hacking of this WEBSITE or of FRAUNHOFER’s or other user’s IT systems or a transfer of the information made available to third parties. Moreover, any kind of manipulating data or supplying faulty data is considered an abusive use and prohibited. Furthermore, it is prohibited to use any robot, spider, other automatic device or manual process to monitor or copy any pages within this WEBSITE or its contents without the prior written permission of FRAUNHOFER. It is not allowed to use any device or software to interfere or attempt to interfere with the proper working of this WEBSITE. It is forbidden to take any action that imposes an unreasonable or disproportionately large load on FRAUNHOFER’s hosting servers. Finally, it is forbidden to attempt to or modify this WEBSITE except for its intended purposes.

7.3 FRAUNHOFER reserves the right in its sole discretion to remove any content that may be considered as inappropriate, including but not limited to, a violation of any laws or the TERMS OF USE. In particular, visitors and USERS must not

• Advertise or sell any goods or services that are unlawful or which are inconsistent with the purpose of SAIRA,
• Post any content that is obscene, pornographic, violent, harassing, or otherwise objectionable,
• Post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence,
• Post any content that holds FRAUNHOFER, USERS, their employees, shareholders and affiliates up to public scorn or ridicule or publish falsehoods or misrepresentations that could in anyway damage or impair SAIRA’s reputation or goodwill,
• Post any content that violates any copyrights, patents, trademarks, trade secrets or other intellectual property rights of others,
• Fail to obtain all required permissions when using SAIRA to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws,
• Use SAIRA in a tortuous manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress.
• Introduce viruses, worms, trojan horses or other harmful code on the WEBSITE or otherwise upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer; or post the same note repeatedly, referred to as spamming, which is strictly prohibited.

7.4 USER warrant and represent on behalf of themselves and/or co-authors that

1. USERS are the author(s) of the content and the owner(s) of the copyright in content of their technology, paper and/or data (in the following “content”)
2. USERS are authorized by co-authors to submit content
3. If the content includes contributions of others, USERS have obtained the permission of the copyright owners of all.
4. Nothing in the content infringes any duty of confidentiality which you may owe to anyone else or violates any contract, and all of the institutions in which work recorded in the content was carried out have authorized solution of the content.

7.5 USERS grant to SAIRA the non-exclusive, worldwide, royalty free, perpetual and irrevocable right to publish, reproduce, distribute, display, sub-license and store the content of your SOLUTION including any text, artwork, images, tables and photographs.

7.6 SAIRA reserves the right to delete solutions without notice.

8. Rights of Use

8.1 All intellectual property rights (IP) associated with the knowhow, expertise, trademarks, patents and all other IP proposed on this WEBSITE remain the sole property of the submitting person and the respective organization. The USER shall ensure, in its sole responsibility that he owns all necessary rights or licenses to submit or share documents via this WEBSITE.

8.2 All software used on this WEBSITE is the property of FRAUNHOFER and protected by copyright laws.

8.3 The visitor and USER shall acquire, free of charge, a non-exclusive, worldwide right, limited in time for the duration of this contract, to use, via a terminal device, the displayed information of the WEBSITE for itself for own research according to SAIRA’s aims. There shall be no rights in excess of the latter, in particular none to copy, disseminate, exhibit, make available to the public, process, transfer to third parties, or sublicense. The right of use does not comprise the disclosure of source code.

8.4 The visitor and USER grants FRAUNHOFER, free of charge, a non-exclusive, temporally unrestricted, worldwide right to use all information uploaded, transmitted, stored or sent via the WEBSITE in any possible ways of use, in particular to copy, disseminate, exhibit, make available to the public, process, transfer to third parties, or sub-license, including to reproduce, create derivative works of, display, and present the information.

8.5 Business brands and logos of USERS may be used by FRAUNHOFER for referencing purposes, but may not be redesigned or publicly disseminated.

8.6 Sections 6.9 lit. d) and lit. e) of the German Copyright Act (Urheberrechtsgesetz, “UrhG”) shall remain unaffected.

9. Copyright, Protection of Trademarks and Brands

9.1 Copyright 2020©by Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V., Hansastraße 27c, 80686 Munich, Germany. All rights reserved.

9.2 All texts, pictures, graphics, sounds, animations, videos or other content of the WEBSITE which can be protected as well as the design of the WEBSITE are subject to copyright law and, possibly, other provisions for the protection of intellectual property. They may not be copied, changed, transferred, published or otherwise used for commercial purposes or other purposes beyond the possible uses of the WEBSITE.

9.3 Protected trademarks, other commercially used marks and elements of the WEBSITE are usually not labelled as such. The lack of such labelling does not mean that trademarks, other commercially used marks and elements are not protected. Unless otherwise specified, FRAUNHOFER, FRAUNHOFER’s affiliates or third parties own all rights in trademarks, other commercially used marks and elements mentioned on the WEBSITE.

9.4 By offering this WEBSITE for use, FRAUNHOFER does not grant any license for the use of trademarks, other commercially used marks and elements which exceeds the possible uses of the WEBSITE as defined by FRAUNHOFER.

9.5 Any use of published contact data for the transmission of marketing materials, unrequested or objectionable spam email is not permitted. In case of a violation of this prohibition FRAUNHOFER reserves the right to take legal steps.

10. Infringement of Property Rights

In case of an imminent infringement of a property or other right in the context of the use of the WEBSITE, FRAUNHOFER and the USER shall immediately notify each other, in particular if claims are asserted against them or if there are indications of the latter. Without written consent of the other, none of the contractual partners may reach settlements, declare acknowledgements, or make other concessions with respect to the asserted claim. In case a claim or a civil action on the basis of an infringement is instituted or is imminent according to reasonable estimation, FRAUNHOFER may take measures at its own costs in order to prevent the infringement or asserted infringement of those rights. FRAUNHOFER may in particular accomplish this by non-proprietary modification or substitution of a service or by procurement of a license authorizing the use.

11. Warranty and Liability

11.1 This WEBSITE is for worldwide use. Therefore, the visitor and the USERS shall be responsible for the compliance of its business activities to any applicable laws.

11.2 As a result of the features of the internet, the necessity of utilizing a telecommunication connection of a third-party provider, the necessity of interaction with the visitor’s and USERS individual device and with other software and computer systems, FRAUNHOFER does not accept any warranty or liability for the uninterrupted availability of the WEBSITE or for problems or incompatibility between the WEBSITE and up- or downloaded files. Limitations on availability which FRAUNHOFER knows of in advance, e.g. for maintenance or update purposes, shall be notified to the USERS a reasonable time in advance.

11.3 Information that have been made available via this WEBSITE is based on data originating from third party and other users which are not influenced by FRAUNHOFER and cannot be controlled by FRAUNHOFER either. Therefore, FRAUNHOFER does not accept any warranty and liability for the quality, correctness, completeness, integrity, and currentness of all such contents made available via this WEBSITE.

11.4 FRAUNHOFER does not accept any warranty or liability for the quality, correctness, completeness, integrity, and currentness of data in the WEBSITE which are only provided by FRAUNHOFER as information for the CLIENT or which are of advertising character. Such information is provided without any assurance, warranty or guarantee, express or implied.

11.5 FRAUNHOFER does not accept any warranty or liability for the uninterrupted freedom of the WEBSITE of defective code, e.g. of infiltrated computer viruses. FRAUNHOFER will regularly review the WEBSITE with regard to defective code, however, the visitor and USER shall also ensure reasonable protection against defective code in accordance with the technical state of the art. Moreover, FRAUNHOFER cannot be held liable for any fraud that may be committed by other visitors or USERS.

11.6 Insofar as the WEBSITE and solutions on the OPEN ACCESS HUB include hyperlinks to third party WEBSITES, FRAUNHOFER does not accept any warranty or liability for such third-party content. At the time of creating the link FRAUNHOFER did not have knowledge of any illegal content. FRAUNHOFER does not review the content of third-party WEBSITES and cannot influence them technically.

11.7 These TERMS OF USE do not create any rights for the benefit of third parties. They shall apply exclusively between FRAUNHOFER, visitors and UERS of the WEBSITE and the OPEN ACCESS HUB.

11.8 FRAUNHOFER does not provide any express or implicit guarantees or assurances.

11.9 Should, contrary to the foregoing provisions of this Section 11, FRAUNHOFER nevertheless incur liability for damage, the following shall apply: In case of ordinary negligence FRAUNHOFER’s liability for damages is excluded, in particular for indirect damage, consequential damages, or loss of profit. In case of ordinary negligence and breach of an essential contractual duty by FRAUNHOFER, FRAUNHOFER’s obligation of to pay damages is limited, irrespective of the preceding phrase, to the foreseeable damage typical of the contract.

11.10 The aforementioned exclusions of warranty and liability shall also apply for the benefit of FRAUNHOFER’s affiliates, all employees and vicarious agents of FRAUNHOFER (e.g. directors, employees, freelancers), irrespective of the legal grounds on which claims are raised against them.

11.11 The aforementioned exclusions of warranty and liability shall not apply in case of intentional or grossly negligent actions or omissions of FRAUNHOFER, its employees or the vicarious agents, in case of damages to life or health as well as in case of statutory liability under German product liability law.

12. Confidentiality

12.1 The confidentiality obligations under this Section 13 shall not apply to the extent that information (i) is publicly available or becomes publicly available without a violation of these obligations, or (ii) was lawfully received from any third party, or (iii) is already known by the receiving party, or (iv) must be disclosed pursuant to judicial, administrative or mandatory rules or orders, always provided that the extent of the disclosure shall be kept as limited as possible and the receiving party shall notify the other party of a required disclosure prior to such disclosure, unless such notice could not reasonably be given, or (v) was independently developed by the receiving party without usage or reference to the information of the other party. The party that relies on one or more of the aforementioned exemptions has to prove the alleged underlying facts.

12.2 Unless agreed otherwise, the confidentiality obligations of the parties shall remain binding for 3 more years beyond the termination of this contract.

12.3 Statutory confidentiality provisions remain unaffected.

13. Changes to the WEBSITE

13.1 FRAUNHOFER endeavors to continuously develop the WEBSITE and to adhere to the state of the art as it is known to FRAUNHOFER, as far as this is reasonable in FRAUNHOFER’s view.

13.2 Therefore, FRAUNHOFER reserves the right to change or shut down this WEBSITE in whole or in parts, considering the USERS interests, insofar as internal business processes of FRAUNHOFER require this, or the changes or shut downs are acceptable for the USER. The USERS right to terminate according to Section 15 shall remain unaffected.

14. Validity and Changes of the TERMS OF USE

14.1 These TERMS OF USE are currently valid and dated as of 4th May 2020

14.2 Should a provision of these TERMS OF USE be invalid or infeasible, wholly or in part, or contain gaps or will do so in the future, this shall not affect the validity of the other provisions in this TERMS OF USE.

14.3 FRAUNHOFER reserves the right to change, amend or delete the TERMS OF USE in part or altogether.

14.4 In case the USER continues to use the WEBSITE, the continued use or the silence shall be deemed acceptance of the new TERMS OF USE.

14.5 This procedure of changes to legal provisions according to Sections 14.2 and 14.3 shall also apply to changes regarding the Privacy Policy.

15. Termination

15.1 This contract of use has an indefinite term.

15.2 By deleting solutions, USERS terminate their usage relation with FRAUNHOFER.

15.3 FRAUNHOFER as well as the USER may terminate the usage relation at any time with immediate effect without having to comply with any form requirement

15.4 The right to termination for cause shall remain unaffected. In particular, FRAUNHOFER has the right to exclude a USER from participation at any time and without assuming liability, if the USER significantly violates these TERMS OF USE. FRAUNHOFER reserves the right to file civil actions and criminal charges in case of non-compliance with the provisions of the TERMS OF USE.

16. Applicable Law; Place of Jurisdiction

16.1 The use of this WEBSITE and these TERMS OF USE are subject to the laws of the Federal Republic of Germany.

16.2 The place of jurisdiction for all disputes with commercial enterprises resulting from and in connection with the use of this WEBSITE and these TERMS OF USE shall be Munich, Germany.

17. Severability

17.1 In case of an invalid, infeasible or incomplete provision the parties shall agree upon a new provision which consider the interests of both parties and the intended contractual purpose in a reasonable manner and in accordance with good faith.

17.2 Sections 14.2 and 17.1 shall apply correspondingly in case a provision is invalid due to its timely, personal, local, or factual scope of application, or with respect to its amount.

These TERMS OF USE are currently valid and dated as of May, 2020.