TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Acceptance of Terms of Use
The Pennsylvania State University (The Pennsylvania State University (“Penn State” or the “University”) established the Manufacturing and Sterilization for COVID-19 (“MASC”) Initiative to leverage the University’s research enterprise to innovate potential solutions to address the healthcare problems created by COVID-19. To those ends, the MASC Initiative has developed various designs and associated know-how (“Designs”). The Penn State Research Foundation (“PSRF”), a wholly owned subsidiary of the University dedicated to fostering and advancing scientific research of the University, owns and controls the Designs.
By using this site, you (“You”) signify Your assent to these Terms and Conditions. The Pennsylvania State University (“Penn State” or the “University”) may revise and update these Terms and Conditions at any time with or without prior notice to You, and any such changes to these Terms and Conditions will supersede and replace any previous Terms and Conditions effective immediately upon posting to this page. Your continued use of this website indicates Your acceptance of those changes. If You are dissatisfied with any portion of the website or with any of these Terms and Conditions, Your sole and exclusive remedy is to discontinue using the website.
Website Does Not Provide Medical Devices or Treatment
The contents of the MASC website (the “Website”), such as Designs, text, graphics, images, blueprints, data and other materials owned by PSRF and other materials contained on the MASC website (collectively, “Content”) are for research and evaluation purposes only. By using the MASC website, You expressly acknowledge and agree that any and all Content provided on the website is not intended to and does not constitute or serve as a substitute for a medical device or medical treatment or advice. The Content has not been reviewed or approved by the Food and Drug Administration or by any other regulatory body.
User Access and Contributions
Access to Content on the Website is available for viewing and download by all persons (“Users”). In order to use certain features of the Website (e.g., to upload a model, create a model, or post comments), You must register for an access and provide certain information about Yourself as requested in the registration process. In doing so, You warrant that (a) all required information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information. Accounts may be deleted at any time, but User Content You have uploaded to the Website will remain unless You request that it be removed. To request removal of content, please contact masc@psu.edu.
Where You submit designs, text, graphics, images, blueprints, data and other materials on the Website (“User Content”), You represent and warrant that (1) you are 13 years of age or older (2) the User Content is original (2) and You right to share the User Content with MASC. You further represent and warrant that any User Content provided to MASC or through the Website (a) do not incorporate or infringe any proprietary or intellectual property rights of which You are not the owner; (b) are defamatory, obscene, pornographic, or invasive of another’s privacy; (c) contain a virus, spyware, or other harmful o malicious component or false or misleading indications of origin or statements of fact; or (d) include any protected health information or personal identifiers in any material. By submitting User Content to MASC or through the website, You hereby grant a royalty-free, non-transferable, irrevocable, non-exclusive license, with the right to sublicense to University and PSRF to the User Content for its research, educational and clinical purposes.
Use of the Content
University and PSRF makes the Content on the Website available for public use and hereby grants to You a royalty-free, non-transferable, non-exclusive license, without the right to sublicense for research purposes only for the duration of the public health emergency declared by the US Secretary for Health and Human Services. In the event that Your desire to utilize any of the Content other than for research purposes, You hereby agree to be bound by the terms of the MASC Non-Exclusive License Agreement and the covenant to execute such license agreement. Except for the rights expressly granted in these Terms and Conditions, no right, title, or interest of any nature whatsoever is granted by implication, estoppel, reliance, or otherwise, by PSRF, the University, or Penn State Health to You.
Neither You nor University shall use the names, trademarks, service marks, logos, or images (including any adaptation of the foregoing) of the other, or its respective affiliates, trustees, directors, officers, or its employees, in any advertising, promotion, publicity, sales literature, or press release without prior written consent obtained from the other party in each case.
Disclaimer; No Warranties
THE CONTENT CONTAINED ON THIS WEBSITE ARE EXPERIMENTAL IN NATURE AND MAY HAVE HAZARDOUS PROPERTIES. THE CONTENT HAVE NOT BEEN REVIEWED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION OR BY ANY OTHER REGULATORY BODY. THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND PENN STATE, PSRF, AND PENN STATE HEALTH ARE NOT RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE CONTENT WILL BE CLINICALLY SOUND, WITHOUT ERROR, OR OTHERWISE SUCCESSFUL. PENN STATE, PSRF, PENN STATE HEALTH, THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND EXPLICITLY DISCLAIM ANY REPRESENTATION AND WARRANTY, INCLUDING WITH RESPECT TO ANY ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMMERCIAL UTILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. NOTHING ON THIS WEBSITE SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY PENN STATE THAT YOUR USE OF THE LICENSE GRANTED SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
Liability
You expressly acknowledge and agree that use of Content carries certain inherent and significant risks of bodily damage, property damage, illness, or death and that You voluntarily assume all known and unknown risks associated with use of the Content. Further, You assume all liability for damages which may arise from the Website’s Content and/or Your use of the Content and agree that Penn State, PSRF, and Penn State Health will not be liable to You for any loss, claim, or demand made by You or any other party due to or arising from Your use of the Content
Limitation of Liability
In no event shall Penn State, PSRF, or Penn State Health and/or their respective trustees, directors, officers, faculty, employees, and agents be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, or any damages whatsoever, including, without limitation, damages arising out of or in any way connected with the use or performance of the Content, the delay or inability to use the Website, the provision or use of Designs and other Content on the Website, whether based in contract, warranty, tort, negligence, strict liability or otherwise, even if Penn State, PSRF, or Penn State Health and/or their respective trustees, directors, officers, faculty, employees, and agents has been advised of the possibility of such damages. Notwithstanding the foregoing, nothing in these Terms and Conditions shall limit Your indemnification obligations hereunder.
Indemnification
You agree to indemnify and hold Penn State, PSRF, Penn State Health, their respective trustees, directors, officers, employees, agents, and licensors harmless from and against any claim, proceeding, investigation action, demand, liability, damage, loss, cost, or expense of any kind including, without limitation, reasonable legal fees, arising from or alleged arise from Your use of the Content or Website, Your use of or reliance on any Design or other Content, or Your violation of these Terms and Conditions.
Privacy
This website is subject to the University’s Web Privacy Statement.