Terms of use

Terms of Use for the BREATHE Project (v1, August 2020)

Scope and Acceptance

“breathe” is a research and development project at the Chair in Engineering Design & Computing, Department of Mechanical and Process Engineering, at the Swiss Federal Institute of Technology (“ETH”). The main goal of this project is the design, prototyping and testing of a low-cost ventilator (“ETH Ventilator”).

The scope of these Terms of Use (“ToU”) is the regulation of your access to and use of the website as well as the information and data relating to the ETH Ventilator (e.g. descriptions, instructions, design specifications, images, videos, and/or software code ((“Design Specs”)) displayed on the website and provided to you (website and Design Specs collectively “Content”). By accessing and using the Content you agree to these ToU, and any licensing or other terms, including any privacy policies, linked and/or referenced herein.

You may only access and use the Content pursuant to these ToU and for lawful purposes in accordance with applicable law. It is your responsibility to adhere to and comply with any local laws and regulations where you access ,use , import and/or export the Content, and the (assembled) ETH Ventilator, as the case may be, including Swiss and foreign export regulations.

ETH reserves the right to change the Content and ToU at any time in its sole discretion by posting revisions thereof on the website.

Your access to and use of the Content is free of charge.

Ownership and Intellectual Property Rights

The Content is owned by ETH, its licensors or other providers, as the case may be. By your access to and use of the Content, in particular the Design Specs, no right, title or interest in or to the Content is transferred or assigned to you, and all rights not expressly granted in these ToU are reserved by ETH and/or their licensors or other providers.

Design Specs, excluding software and hardware, are licensed to you under the creative commons external pageCC BY license (Attribution 4.0 International).

Design Specs which are software are licensed to you under the external pageMIT license.

Design Specs which are hardware are licensed to you under the external pageCERN Open Hardware Licence Version 2 - Permissive.

The individual Design Specs each indicate the applicable license(s).

You are responsible for obtaining any licenses required to read and/or create derivative works of the Content, e.g. files in PDF or STEP format.

“ETH” is a registered trademark of ETH and is not licensed under these ToU, except for the word mark, which may be used for the purpose of attribution as required pursuant to these ToU.

Disclaimer

You acknowledge that the Content is in a research phase and all outcomes from access to and use of the Content are not known.

To the extent permitted by applicable law, the Content, in particular the Design Specs, are provided “as is” / “as available” without any express or implied representation or warranty of any kind, e.g. with regard to fitness for any particular purpose, accuracy, reliability, merchantability, non-infringement, security, and/or compliance with Swiss or international laws and regulations regarding medical devices or medical uses. It is understood that ETH does not provide medical or other health-related advice with regard to the ETH Ventilator.

Your access to and use of the Content, in particular the Design Specs, is at your own sole risk. To the extent permitted by the applicable law, ETHZ assumes no, and hereby waives any, liability for damage occurring under or in connection with these ToU and/or your access to and use of the Content.

You shall defend, indemnify and hold ETH and any other Swiss federal government branch harmless against third party claims, including claims based on mandatory product liability law, which are based on your access to or use of the Content, in particular the Design Specs, and any ETH Ventilator or other device you derive therefrom. You shall cooperate as required in the defence of any such claim.

If the website or Design Specs link to other websites and resources provided by or hosted by third parties, these links are provided for your convenience only. Any links to third party websites or content are provided out of courtesy. ETH does not endorse the content of such third party websites or content.

Severability

If any provision of these ToU are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired as long as the intent of the ETH can be preserved. In such cases, ETH undertakes to replace the invalid, illegal or unenforceable provision with another valid, legal and enforceable regulation. The same principle applies to omissions.

Governing Law

These ToU as well as your access to and use of the Content are governed by Swiss law, without regard to the conflict of laws provisions. The United Nations’ Convention on International Sales of Goods of 11 April 1980 (SR 0.221.211.1) does not apply.

Disputes arising under, or in connection with, these ToU as well as your access to and use of the Content shall be exclusively subject to the jurisdiction of the competent court of the city of Zurich, Switzerland.

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