Last updated: May 10, 2018
Accuray Incorporated, together with our affiliates (“Accuray”), provides the Accuray Exchange in Radiation Oncology (“AERO”) as an international, free-of-charge community to our registered customers, in order to foster the exchange of best practices and the discussion of important needs and innovative solutions in the field of precision radiation oncology. This website is not intended for the general public.
All material and content made available to you through AERO (including, without limitation, any text, information, images, video, and training materials posted or submitted on AERO) are protected by United States and foreign copyright laws, and may not be copied, published, displayed, uploaded, downloaded, posted, distributed, modified, reproduced, retransmitted, or used in any manner without the copyright owner’s prior written permission. For linking or permission requests, please Contact Us.
YOUR AERO CONTENT
Any content you submit, transmit or post to AERO, including content posted by any other individual using your account (“Your AERO Content”) will be considered non-personal, non-confidential, and non-proprietary to you. You agree to allow Accuray to use Your AERO Content for any purpose, including copying, disclosing, selling, distributing, incorporating or otherwise using Your AERO Content and all data, images, sounds, texts and other things embodied therein for any and all commercial and non-commercial purposes to the extent permitted by applicable law. You agree to permit Accuray to use and/or transfer without restriction any ideas, information, concepts, know-how or techniques, whether patented or not, contained in Your AERO Content for any purpose, including but not limited to using, developing, manufacturing, selling or marketing products and services incorporating such ideas, information, concepts, know-how or techniques.
YOUR IDEAS TRANSFERRED TO ACCURAY
If you transmit or post an idea (i.e. for a new Accuray product or service or for an improvement to an existing Accuray product or service) through AERO, the following terms will apply to you. By transmitting or posting any ideas, information, concepts, know-how, techniques or materials to Accuray through AERO (including through the “Submit Your Idea” section of AERO) or through any other means, you agree to transfer to Accuray all of your rights and interests in these proposed ideas, including any potential intellectual property in the ideas, to the extent permitted by law. If such transfer of intellectual property is not permitted under applicable laws, then you agree to grant Accuray, including its successors and assigns, an unrestricted, royalty-free, perpetual, irrevocable license to use, reproduce, commercialize, perform, modify, transmit, and distribute such ideas, information, concepts, know-how, techniques or materials in any medium, and agree that Accuray is free to use them for any purpose worldwide, including disseminating or using the ideas for any commercial or non-commercial purposes in any media at our sole discretion without any (a) compensation to you or anyone else; or (b) acknowledgment of you or anyone else as the source of the submission.
You are solely responsible for maintaining the confidentiality and security of your username and password. You agree to notify Accuray immediately of any unauthorized use of your account. Accuray will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge, or your use of anyone else’s account.
For purposes of identification, you represent and warrant to Accuray that your account information is accurate, complete, and up-to-date.
NO MEDICAL ADVICE
The information presented and exchanged on AERO shall not be construed as medical advice. Instead, any information provided by Accuray on AERO is for informational purposes only. Accuray only intends to provide members with information and access to other members to foster discussion, exchange experiences, and potentially better understand certain health and diagnosed disorders. Information contained on AERO should NOT be used as a substitute for the advice of an appropriately qualified and licensed physician or other health care professional.
Accuray has no intention to influence or establish your organization’s internal health policies and procedures or the manner in which you treat your patients. Accuray also does not intend to and does not provide medical advice or physician instruction on the appropriate use of any of contents discussed on AERO. You agree that Accuray shall have no responsibility or liability relating to the above usages of the information presented and exchanged on AERO.
By becoming a member of AERO, you agree:
- To use AERO in connection to the clinical application of Accuray’s products; and
By becoming a member of AERO, you agree that you will not:
- Misrepresent your relationship with Accuray or present false information about Accuray and AERO;
- Transmit or post any content that is not related to the topic of the relevant discussion on AERO where the content is posted;
- Make any recommendations regarding an Accuray product if such recommendation directly or indirectly conflicts with or is not expressly approved by the product’s user manuals or specifications;
- Take any action that could be reasonably expected to result in others using an Accuray product in a manner that directly or indirectly conflicts with or is not expressly approved by such product’s user manuals or specifications;
- Transmit or post content on AERO advertising or promoting goods and/or services;
- Upload or transmit any material on AERO that infringes or misappropriates any copyrights, patents, trademarks, or trade secrets;
- Disclose via AERO any information that would violate any confidentiality obligations you may have;
- Transmit or post on AERO any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal or civil offense of any applicable law;
- Circumvent any of Accuray’s security measures, including but not limited to uploading onto AERO any viruses, worms, Trojan horses, or other forms of harmful computer code;
- Subject AERO’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the website.
- Use AERO to violate applicable, local, state, federal, or international law, including without limitation any laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data; and
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through AERO.
All content on AERO is provided “as is” for informational purposes only. The content published by other AERO members does not reflect Accuray’s opinion and shall not be attributable to Accuray or construed as being endorsed by Accuray.
All warranties, either express or implied, are hereby disclaimed, including warranties of performance, merchantability, fitness for a particular purpose (even if Accuray or its authorized representatives have been advised of the possibility of such purpose), and non-infringement.
LIMITATION OF LIABILITY
In no event will Accuray be liable to you or any other entity for any damages (including without limitation any direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages) arising out of your use of AERO, including without limitation, any lost profits, business interruption, or loss of data. Accuray will not be liable for any damages related to Your AERO Content or content posted by other members, including your reliance on content posted by other members, whether or not arising under copyright, libel, privacy, or obscenity laws, or otherwise. Accuray will not be liable for any damages due to errors, omissions, or other inaccuracies on AERO or other material downloaded through or hyperlinked from AERO. The foregoing will apply even if Accuray had been advised of the possibility of such damages.
For certain states that do not allow the exclusion of implied warranties or limitation of liability for consequential and incidental damages, Accuray’s liability is limited to the greatest extent permitted by law.
GOVERNING LAW / VENUE
If any provision hereunder is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that your work has been posted on AERO by another AERO user in a manner that (1) constitutes copyright infringement, or (2) otherwise violates your intellectual property rights, please notify Accuray in writing at:
Attn: Legal Department
1310 Chesapeake Terrace
Sunnyvale, CA 94089