Use of OSDD resources - terms



Welcome to OSDD. Open Source Drug Discovery (OSDD) platform welcomes all those wish
to join the open source drug discovery program. OSDD is a CSIR (India) lead team India
consortium with international partnerships with the aim of making healthcare affordable for
deserving populations. The OSDD program covers the entire spectrum of processes in drug
discovery, including but not limited to, in silico screening of molecules, lead optimization,
identification of drug-able non-toxic targets, in vitro and in vivo validation, pre-clinical
toxicity and clinical trials.

Open Source Drug Discovery platform, hereafter referred to as OSDD, will include OSDD
members, the OSDD foundation, the OSDD portal, or relates portals and websites
associated with it, any outsourced activity carried out for drug discovery, Council for
Scientific and Industrial Research (CSIR) India, its partners, sponsors and agents.

OSDD enables sharing of for collaborative research for drug discovery, information,
including but not limited to, ideas, articles, papers and other literary work, data, software,
applications, notes, results of experiments, patented inventions, confidential information
and other materials (hereafter referred to as Information) submitted by the users.

The vision statement of OSDD (hereinafter Vision) reads as: Open Source Drug Discovery is
an initiative to provide affordable healthcare to the world through a global platform where
the best minds can collaborate and collectively solve complex problems associated with
discovering novel therapies.

The mission (hereinafter Mission) statement of OSDD reads as: Our mission is to make
available affordable medicines to every single person of the developing world. We aim to
bring openness and collaborative spirit in the entire drug discovery process with the
objective of keeping drug cost low.
OSDD offers its services, including that of its website(s), related websites whether called as
a website or portal (hereinafter referred to as Portal) to all those who are committed to the
OSDD Vision and Mission. By using this Portal you agree to work in furtherance of the OSDD
Vision and Mission. To use the Portal, its contents, Information and other services you agree
to the following terms and conditions (Terms), the relevant applicable laws of your
jurisdiction, OSDD policies, guidelines or amendments thereto that may be made available
on the and intimated to you from time to time. These Terms may be updated in future and
you will be able to find the most current version of these Terms on the Portal. By agreeing
to the Terms you agree to abide by the future revisions as well.

In formulating these Terms the OSDD addresses the potential problem of third parties�
acquiring proprietary rights based on the Information available on its Portal, either pre-
existing or generated by the OSDD community, or during the drug discovery process or
otherwise, without contributing the improvements made thereon by them back to OSDD.
OSDD recognizes that in furtherance of its vision it may be required to prosecute
appropriate legal action against those violate the condition that all improvements to or using
the Information should be submitted back to OSDD.
Towards this end, all participants are required to authorize CSIR (India) acting on behalf of

OSDD, to sue for violation of these Terms pertaining to whatever they contribute, to, for the
sole purpose of taking legal action against any violation of the Terms and only for that
purpose. This step is meant to enable legal action against appropriation of results of
collaborative research without contributing the improvements thereon to the OSDD. OSDD
acting through CSIR (India) will hold the Information submitted by its users and the results
of collaborative research in trust as �Protected Collective Information� to act against
those who appropriate these results without contributing it back.

Terms and Conditions (Terms)

1 Use of Services
1.1 OSDD offers the services available on its Portal to you, provided that you are of legal
age to form a binding contract and are not a person barred from participating in OSDD by
the laws of India or any other applicable jurisdiction. The use of this site constitutes your
acceptance of these Terms, which take effect immediately on your agreeing to these Terms.
OSDD acting through CSIR (India) reserves the right to change these terms and conditions
at any time by posting changes on the OSDD Portal.

1.2 In order to access the Information and services available on OSDD Portal you are
required to provide current and accurate details for contact as well as other information
required as part of the registration process. You agree to provide accurate particulars on
any online form(s) available on the Portal that you may be required to fill.

1.3 You are responsible for maintaining the confidentiality of your password. You are
responsible for all the activities from your account.

1.4 You are responsible for regularly reviewing information posted online to keep abreast of
any changes. OSDD does not accept any responsibility to keep you informed about any
changes in the Portal or the Terms. Your continued use of the site after changes are posted
on the Portal constitutes your acceptance of the Terms as modified.

2 Appropriate content
2.1 You agree that you are responsible for any content that you create, transmit or display
while using the Portal. You agree to use these services only for the purposes that are legal
and proper, in accordance with the vision and purpose of OSDD and in accordance with the
Terms and any applicable policies or guidelines.

2.2 You agree that you will not act or indulge in any activity that will disrupt the services of
the Portal or services provided therein or the connected or related networks.

3 Proprietary Rights
3.1 The Portal, its services, the content, Information, and results of collaborative research

including, but not limited to, the identification of drug-able non-toxic targets, in vitro and in
vivo validation, in silico screening of molecules, lead optimization, pre-clinical toxicity and
clinical trials will constitute �Protected Collective Information�. You agree that the
ownership of Protected Collective Information belongs solely to the OSDD and is the
proprietary right of OSDD, to be held in trust on behalf of OSDD by CSIR to be used to
further the Vision and Mission.

3.2 Anyone accessing the Protected Collective Information has an obligation to contribute
any addition or improvements made to or using such Protected Collective Information or
any research result or proprietary rights generated out of the Protected Collective
Information, except as provided in these Terms, back to OSDD through this Portal to add to
the Protected Collective Information. Any appropriation of the Protected Collective
Information to acquire proprietary rights which is in violation of its Vision and Mission to will
be violation of these Terms, liable to legal action under the applicable laws.

3.3 By becoming a member of OSDD and using this Portal and in consideration thereof you
agree that any Information submitted by you or generated using the Portal shall form a part
of the Protected Collective Information to be shared and used by the OSDD members for
furtherance of its vision, to be held by OSDD acting through CSIR (India) in trust as
Protected Collective Information and you authorize OSDD acting through CSIR (India) to
take any action in furtherance of the vision of OSDD. Such actions taken by OSDD acting
through CSIR (India) will be informed to its members through the Portal.

3.4 You agree that Protected Collective Information is a valuable proprietary right of OSDD
and in consideration of your accessing the Protected Collective Information you promise to
submit all further developments or improvements made by you or your agents, to or using
the Protected Collective Information back to the OSDD to add to the Protected Collective
Information for others to work on it and make further improvements on it.

3.5 You assign to OSDD the worldwide royalty free non exclusive license on any Information
submitted by you to Protected Collective Information for the sole purpose of use of OSDD
members for furthering the Vision and Mission and for that purpose only. It is understood
that if your intellectual property rights are used for any purpose contrary to the Vision and
Mission, this assignment shall stand unconditionally revoked.

3.6 In the event of your acquiring any intellectual property rights by making improvements
or modifications on any part of the Protected Collective Information, you shall grant an
unencumbered worldwide non exclusive right to the OSDD for use of such rights for further
research in furtherance of its Vision and Mission.

3.7 You agree that by virtue of using the Protected Collective Information, even partly, on
your technology or invention, whether patented or not or kept as your confidential
information or not, you shall submit back to the Protected Collective Information the out put
or the result of such use, in whatever form, whether such output contains the Information
contained in the Protected Collective Information or not.

3.8 You agree that OSDD acting through CSIR may license any research result generated
out of OSDD for the sole purpose of furthering the Vision and Mission of OSDD provided that
there shall be no direct monetary gain or other benefit for CSIR out of such assignment.

4. Your Rights
4.1 You may access the Protected Collective Information under the condition that for any
use of it you shall credit the author or the contributor. You may contribute to Protected
Collective Information and shall get credit for it, while not being considered responsible for
modifications made by others.
4.2 You may make improvements, additions and modifications on the Protected Collective
Information, and use it commercially or non-commercially, provided that you contribute all
such improvements, additions and modifications, back to it.
4.3 You may submit your patented inventions (product or process) for the use of OSDD. You
may retain the rights over the patents except to the extent to be used in the open source
drug discovery process and for selling any product or process arising out of the use of your
invention in that process. By submitting your patented invention for OSDD you agree not to
place any encumbrances on the product or process arising out of the use of your patented
product or process for fulfilling the Vision and Mission of OSDD. You agree that any use of
your patented invention for the drug discovery process and any Information generated out
of use of your patented invention while being used for drug discovery process on OSDD
shall belong to Protected Collective Information.
4.4 You may use your patented invention or technology kept as trade secret to generate
Information for OSDD without licensing or disclosing or in anyway parting with such
invention or technology, but submit the Information so generated to OSDD to be a part of
Protected Collective Information.

5. Other Terms
5.1 OSDD respects Intellectual Property Rights of others and expects the members not to
infringe the Intellectual Property Rights of any third party contributing to the Protected
Collective Information or while involving themselves in the drug discovery process. If any
infringing material is posted on the Portal, it should be brought first on the discussion forum
so that appropriate action can be taken. If infringing materials are posted online, the
administrator will have the rights to take down or remove them without any notice.
5.1 The source code of all copyrighted software programs made available on this Portal
should be open, in the sense that it is available and any software derived out of the
software available on the Portal should also make the source code available.
5.2 You agree not to indulge in any attempts to destroy or deface the Portal including but
not limited to knowingly introducing viruses and to bear the cost and consequence of any
such action arising from your account.
5.3 You agree to indemnify OSDD and CSIR India against all legal fees, damages and other
expenses that may be incurred by a result of your breach of the Terms.
5.4 These Terms shall be governed by and construed in accordance with the laws of India.
Disputes arising here from shall be exclusively subject to the jurisdiction of the High Court
of Delhi, India.

6 Indemnity
6.1 You agree to hold harmless and indemnify OSDD from and against any third party claim
arising from or in any way related to your use of OSDD, the Portal and/or services offered

by it, violation of the Terms or any other actions connected with use of OSDD services,
including any liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and
nature.
6.2 You agree that you are solely responsible for all contents posted by you on the Portal
and indemnify OSDD and CSIR (India) from any third party claim relating to Intellectual
Property or any other rights.

7 Disclaimer of Warranties
You expressly understand and agree that:
7.1 Your use of OSDD services is at your sole risk. OSDD services are provided on an "as is"
and "as available" basis. To the maximum extent permitted by law, OSDD expressly
disclaim all warranties and conditions of any kind, whether express or implied, including, but
not limited to the implied warranties and conditions of merchantability, fitness for a
particular purpose and non-infringement.
7.2 This Portal has been designed in good faith for OSDD by CSIR (India), but no
representation is made or warranty given [either express or implied] as the completeness or
accuracy of the information contained therein. OSDD do not warrant that (i) OSDD services
will meet your requirements, (ii) OSDD services will be uninterrupted, timely, secure, or
error-free, (iii) the results that may be obtained from the use of OSDD services will be
accurate or reliable, (iv) the quality of any products, services, information, or other material
purchased or obtained by you through OSDD services will meet your expectations, and (v)
any errors in the software will be corrected.
7.3 Any material downloaded or otherwise obtained through the use of OSDD services is
done at your own discretion and risk and that you will be solely responsible for any damage
to your computer system or other device or loss of data that results from the download of
any such material.
7.4 By accessing this site you agree that OSDD or CSIR will not be liable for any direct or
indirect loss arising from the use of the Protected Collective Information or other material
contained in the Portal. The Protected Collective Information available in this Portal belongs
to and remains solely with OSDD.
7.5 No advice or information, whether oral or written, obtained by you from OSDD or
through or from OSDD services shall create any warranty not expressly stated in the terms.

8 Limitations of Liability
You expressly understand and agree that OSDD and CSIR (India) shall not be liable to you
for any direct, indirect, incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses
(even if OSDD have been advised of the possibility of such damages) resulting from: (i) the
use or the inability to use OSDD services; (ii) the cost of procurement of substitute goods
and services resulting from any goods, data, information or services purchased or obtained
or messages received or transactions entered into through or from OSDD services; (iii)
unauthorized access to or alteration of your transmissions or data; (iv) statements or
conduct of any third party on OSDD services; or (v) any other matter relating to OSDD
services.

9 No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in the Terms, there shall be no third
party beneficiaries to the Terms.

10 Notice
You agree that OSDD may provide you with notices, including those regarding changes to
the Terms, by email, regular mail, or postings on OSDD services.

11 General Information
Entire Agreement: The Terms (including any policies, guidelines or amendments that may
be presented to your from time to time such as Program Policies and Legal Notices)
constitute the entire agreement between you and OSDD and govern your use of OSDD
services, superceding any prior agreements between you and OSDD for the use of OSDD
services. You also may be subject to additional terms and conditions that may apply when
you use or purchase certain other OSDD services, affiliate services, third-party content or
third-party software.

12 Waiver and Severability of Terms
The failure of OSDD to exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the provision, and
the other provisions of the Terms remain in full force and effect.

13. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of OSDD services or the Terms must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual
effect.