MSF guideline licence contract

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE FILES PRESENT ON THIS WEB SITE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS FILES. IF YOU OBTAINED THESE FILES ON TANGIBLE MEDIA (e.g. CD) WITHOUT HAVING THE GUARANTEE THAT THESE ARE THE ORIGINAL MSF FILES, YOU HAVE THE OPPORTUNITY TO DOWNLOAD, THE LATEST VERSION AT THE FOLLOWING ADDRESS : www.refbooks.msf.org

BETWEEN

MEDECINS SANS FRONTIERES – MSF - International with subheadquarters located at 94, Rue Dupré 1090 Brussels (Belgium), here represented by the MSF International Technical Co-ordination - ITC hereinafter referred to as MSF/ITC, ON THE ONE HAND

AND

The USER, hereinafter referred to as the Licensee, ON THE OTHER HAND

IT HAS PREVIOUSLY BEEN EXPLAINED THAT:

  1. MSF/ITC has developed and holds tenure to all files presented in the world wide web folder www.refbooks.msf.org concerning MSF guidelines electronic books , incorporating medical and technical information as well as data arising from MSF'S experience in the field.

    MSF/ITC wishes to make this electronic books available to non-governmental, non-profit-making, humanitarian organisations and individuals with a view to improving the lives of populations in danger.

  2. The Licensee wishes to acquire a non-exclusive licence for one or more of these files on PDF format as defined hereafter.

IT IS HEREBY AGREED AND DECREED AS FOLLOWS:

  1. Definitions

    The following terms as used in this contract will signify:


  2. Objective of the contract

    MSF/ITC hereby grants to the Licensee, who agrees to accept it, the non-exclusive right to the licence allowing utilisation of the GUIDELINES as described here after.

    It is specifically agreed by both parties that the rights granted to the Licensee are limited to the reading, printing and eventually the insertion of the GUIDELINES by the Licensee and his employees into a tangible media (e.g. CD-ROM) for information and training purposes, this in view to improve the living conditions of populations in danger.


  3. Reciprocity

    MSF/ITC offers the use of this GUIDELINES to the Licensee FREE OF CHARGE with the objective of enabling other non-governmental, non-profit making, humanitarian organisations to improve the living conditions of populations in danger. The only restitution required by MSF/ITC on the Licensee's behalf will be that, in the event of an interest of MSF/ITC into publications of the Licensee, that these will be available for MSF/ITC following the same conditions of this contract.


  4. Translation

    The licensee is not allowed to translate the GUIDELINES in any language.


  5. Modification of the GUIDELINES

    The Licensee is not allowed to modify the GUIDELINES.


  6. MSF/ITC's rights to the GUIDELINES

    The Licensee hereby recognises MSF/ITC's ownership of the GUIDELINES. The Licensee will in no way modify or disfigure the text on the GUIDELINES declaring MSF/ITC's property rights: the sign "copyright" (followed by the date and the words "exclusive property of MSF".

    All reproductions of the GUIDELINES carried out by the Licensee, and in accordance with the terms of article 3., must include this statement.


  7. Objective of the GUIDELINES

    It is hereby expressly agreed between the parties that the Licensee may in no way charge MSF/ITC with the responsibility for the utilisation of the GUIDELINES.

    Should the Licensee's responsibility be called into question by a third party as a result of his intervention, the Licensee may in no way claim against MSF/ITC.


  8. Forgery

    Any actual or possible act of forgery by a third party known to the Licensee should immediately be revealed by the Licensee to MSF/ITC who will then decide on the appropriate steps to be taken.


  9. Breach of Contract

    In the case of infringement of the terms of the contract by the Licensee, and specifically in the case of non-observance of his obligations concerning the utilisation and reproduction of the GUIDELINES, the Contract will become null and void and the GUIDELINES together with all existing copies will immediately be returned to MSF/ITC.


  10. Personal Contract

    The present contract is strictly personal to the Licensee and may in no case be leased or transferred by him to any other physical or moral person without the former written consent of MSF/ITC.


  11. Non-transferability

    The present Licence is granted to the Licensee on a strictly personal basis and may not be leased, transferred or conveyed to any other party without the former express and written consent of MSF/ITC.

    Unless previously agreed in writing by MSF/ITC, the Contract will become null and void in the event of a modification in the Licensee's capital situation.


  12. Law applicable - Court authority

    Belgian law applies to the present contract. Any disagreement between the parties will be subject to the authority of the High Court in Brussels, Belgium.

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Created on ... juillet 24, 2003