1.1 By Using the Topics, you agree to enter into a contract with Us on the terms set out below.
1.2 If you wish to use CKS on behalf of your employer / company / organisation, you must have permission to enter into this contract on behalf of that organisation. Otherwise, you will be entering into this contract in your personal capacity.
1.3 Please read these terms carefully because although CKS is freely available in the UK it is only available for use, free of charge, by limited people and in limited circumstances.
2. Who can use CKS and for what purpose?
2.1 You agree that you are only allowed to Use the Topics if you:
(i) Are an individual; in which case:
You are allowed to Use for personal and/or your own educational purposes only and not on behalf of or for the benefit of any company, organisation, or business.
You agree not to Use the Topics for self-diagnosis and you agree not to rely on the Topics as a substitute for a consultation with a qualified clinician. You must only follow the guidance of a registered medical practitioner. You understand that the Topics are written for qualified clinicians and not patients.
(ii) Are a clinician; in which case:
You must be employed or engaged within the UK public sector on behalf of the National Health Service and using the Topics solely for the benefit of the National Health Service and patients.
You understand that the guidance contained within the Topics is not a substitute for you exercising your own professional judgment. Furthermore, you recognise that the Topics are one of a range of information sources that may inform your judgment and you should not place sole reliance on the Topics.
2.2 If you are not an individual or a clinician (as defined above), you must contact Us for a commercial licence. If you do not, you understand that by Using the Topics you or your organisation will be infringing Our intellectual property rights.
2.3 For the avoidance of doubt, the following, without limitation, are not permitted to Use the Topics (but may do so by contacting Agilio and entering into a commercial licence):
(i) schools, universities, and other educational establishments, or individuals working for the same;
(ii) anyone outside the UK; and/or
(iii) companies, businesses, and any other private enterprises that are not part of the National Health Service.
3. Limitations of usage rights
3.1 You understand that your Use of the Topics is limited, as follows:
(i) You are allowed to print a reasonable number of copies of Topics in support of your rights of use under this contract.
(ii) If you are using the Topics to assist you with your work or studies, you cannot copy whole Topics; you can only copy extracts from the Topics. If you do so, you must identify Us as the author.
(iii) In no circumstances are you allowed to Use the Topics directly or indirectly for commercial gain, benefit, and/or exploitation by or for anyone or any enterprise outside of the National Health Service.
(iv) You are not allowed to distribute or resell the Topics (or any part of them), save that if you are a clinician you are allowed to distribute Topics (or any part of them) to patients or colleagues to the extent necessary to enable you to do your job.
(v) You cannot Use the Topics to create other material, such as books, articles, or guidance. This does not prevent you from referring to appropriately referenced extracts of Topics. It does however prevent you from creating other materials (such as knowledge or guidance for doctors or patients) that is based on, or informed by, the Topics.
3.2 Any rights not set out above are reserved by Us.
3.3 All rights granted in this contract are subject to all limitations set out in this contract.
4.1 Nothing in this contract affects your statutory rights, nor does it limit Our liability for death or personal injury caused by Our negligence. Otherwise however, in consideration of Us giving you permission to Use the Topics for no charge, you agree that Our liability arising under or in connection with this contract is limited to £1. We are willing to accept a higher level of liability if you enter into a commercial contract with us.
5. Ending the contract
5.1 This contract may be terminated by Us at any time if we reasonably consider you may have broken the terms. If the contract is terminated, your right to Use the Topics terminates.
6.1 This contract is subject to English law and the exclusive jurisdiction of the English courts.
7. Defined terms
7.1 Finally, certain terms in this contract have special meanings:
(ii) “Us” (including “We” or “Our”) means Clarity Informatics Limited (trading as “Agilio”) a company incorporated under the laws of England with company number 04133376 of Deltic House, Kingfisher Way, Wallsend, NE28 9NX. Clarity Informatics Limited (trading as “Agilio”) can be contacted by email at email@example.com.
(iii) “Use” (or “Using”) means use and/or access.
(iv) “UK” means the United Kingdom, the British Overseas Territories, and the Crown Dependencies.