Using WURSS for educational or nonprofit purposes.

IMPORTANT – READ CAREFULLY

WISCONSIN UPPER RESPIRATORY SYMPTOM SURVEY (WURSS)

LICENSE AGREEMENT

This License Agreement (“Agreement”) is by and between “you” (the licensee) and Wisconsin Alumni Research Foundation (“WARF”), a nonstock, nonprofit Wisconsin corporation. Under this Agreement, WARF is granting you a limited license to make certain uses of Wisconsin Upper Respiratory Symptom Survey (“WURSS”) in the fields of academic research or non-profit scholarship or both (the “Licensed Field”) in the United States of America (the “Licensed Territory”). WURSS is a survey used to assess the symptomatic and functional impact of acute upper respiratory infection (eg. “common cold”).

BY CLICKING THE “ENTER TO ACCEPT” ICON AT THE END OF THIS AGREEMENT AND COMPLETING REGISTRATION, OR BY DOWNLOADING, COPYING, OR OTHERWISE USING WURSS, YOU HEREBY REPRESENT THAT YOU ARE AN ACADEMIC OR OTHER NON-PROFIT RESEARCH INSTITUTE AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT,INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS LOCATED DIRECTLY BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT COMPLETE REGISTRATION, DOWNLOAD OR USE WURSS, AND EXIT NOW.

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LICENSE TERMS

WARRANTY DISCLAIMER. WARF warrants to you that it owns WURSS or otherwise has the right to grant the license granted to you in this Agreement. WARF IS PROVIDING WURSS TO YOU ON AN “AS IS” BASIS. WARF MAKES NO WARRANTY AS TO THE PERFORMANCE OF WURSS OR ANY RESULTS YOU MAY OBTAIN BY USING WURSS. WARF MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

LIMITATION OF LIABILITY. YOU ASSUME THE ENTIRE RISK OF USING WURSS. IN NO EVENT WILL WARF BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF WARF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. (The above limitations may not apply to you, as some states or jurisdictions do not allow the following: the exclusion or limitation of incidental, consequential or special damages; the exclusion of implied warranties; or limitations as to how long a given warranty may last.)

Term and Termination. This Agreement begins when you accept it and complete registration, and expires when the copyrights in WURSS expire. Without prejudice to any other rights, WARF may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement, or either party may terminate this Agreement for any reason upon thirty (30) days written notice to the other party. Upon termination of this Agreement for any reason, you immediately must destroy all copies of WURSS in your possession or control and must send WARF a written notice confirming destruction is complete.

License Grant. After you accept this Agreement and complete registration, WARF grants to you a non-exclusive, royalty-free, non-sublicensable, non-transferable license, limited to the Licensed Field and the Licensed Territory, to use, copy, distribute copies of and save copies (in .pdf or hard copy form) of WURSS, and to internally display (e.g., post in office or classroom), internally perform (e.g. discuss during a lecture) WURSS, and/or use for non-profit research, scholarship, educational, or public health activities. WARF expressly reserves all other rights.

Limitations on Use. You may not take any of the following actions: (1) modify, translate or otherwise create any derivative works of WURSS; (2) publicly display (e.g., post on the Internet) or publicly perform (e.g., present at a conference) WURSS; (3) sell, lease, license, rent or lend WURSS; (4) use WURSS for research, promotion or other activities that can be reasonably foreseen to bring monetary profit to you, your employer, members of your research group, stockholders or other interested parties; or (5) make any other use of WURSS beyond the scope of the rights granted to you. You must fully reproduce and not obscure, alter or remove any of WARF’s copyright notices or other proprietary notices that appear on WURSS or any copies thereto.

Submissions. If you decide to transmit, by any means or media, any materials or other information (including without limitation, any ideas, concepts or techniques for new or improved surveys) to WARF, whether as feedback, data, questions, new surveys, comments, suggestions or the like, you are providing such submissions to WARF on an unrestricted and non-confidential basis, and you hereby grant WARF a non-exclusive, royalty-free, worldwide, perpetual, assignable, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, publicly display and publicly perform such submissions in the Licensed Field. You may contact WARF for any purpose under this Agreement or otherwise at:

licensing@warf.org

Use of Registration Information. WARF will save your registration information and may use this information for its internal purposes, including without limitation for further development of WURSS. WARF does not license, sell or share information that identifies you to or with others.

Miscellaneous. Wisconsin law governs and will be used to construe this Agreement. If any part of this Agreement is held to be unenforceable by a court of law or governmental entity with jurisdiction, that part will be deemed deleted and the remainder of this Agreement will continue in full force and effect.

By clicking the “Enter to Accept” icon below and completing registration, you represent and warrant to WARF that you have read, understand and agree to the terms of this Agreement, and that you have full authority to enter into this Agreement without obtaining any other approvals. Please print a copy of this Agreement for your records.

“Complete form to accept” terms of Non-profit WURSS use.

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