TERMS OF USE AND SOFTWARE LICENSE AGREEMENT
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Please read these Terms of Use and Software License Agreement (the “Agreement”) carefully before installing the whomds Package (the “Package”).

By installing and/or using the Package, you (the “Licensee”) enter into an agreement with the World Health Organization (“WHO”) and you accept all terms, conditions, and requirements of the Agreement. 

## 1.	Components and Types of the Package
1.1. The Package contains software developed by WHO (the “Software”). The Package includes simulated data based on datasets in the public domain for use with the Software (the “Data”) 

1.2. This Agreement governs your use of the Package you have downloaded and/or used through an online platform. 

## 2.	Third-party Software  
2.1. **Third-party software needed to use the Package**.  In order to run the Software, you will need the “R” statistical software. “R” must be installed on your machine directly or through the installation of another integrated development environment or third-party software. It may also be possible to access an “R” server via the internet without installing software on your own machine.   

2.2. **WHO disclaimers for third-party software**. WHO makes no warranties whatsoever, and specifically disclaims any and all warranties, express or implied, that “R” or any platform through which it is accessed is free of defects, virus free, able to operate on an uninterrupted basis, merchantable, fit for a particular purpose, accurate, non-infringing or appropriate for your technical system.  

2.3.  **Third-party software user license(s) and use**.  To the extent you are required to enter into a user license in order to use “R”, WHO is not a party to any such license, and WHO therefore disclaims all liability, responsibility, and/or involvement with any such license. WHO shall not be held liable or responsible for either any breach of any of the terms and conditions of the user licenses of “R” or any platform through which it is accessed by you, or any damages arising from your use of either “R” or the platform through which it is accessed.

2.4. **No WHO endorsement of third-party software**.  The use of the “R” does not imply that “R” is endorsed or recommended by WHO in preference to others of a similar nature.

## 3.	License and Terms of Use for the Software 
3.1. **Copyright and license**. The Software is copyright (©) World Health Organization, 2020, and is distributed under the terms of the GNU General Public License (GPL), version 3.  As stated in the source code for the Software, the Software incorporates or makes reference to other open source software, issued under multiple license types (including the “GPL version 2”, the “GPL version 2 or later”, the “GPL version 3”, “BSD 2-clause license”, “BSD 3-clause license”, “Apache license 2.0”, and the “MIT license”), and WHO issues the Software under GPL “version 3” in part to comply with the terms of those software. WHO disclaims any responsibility or liability with respect to the use or completeness of such license. 

## 4.	Copyright and Terms of Use for the Data 
4.1. The Data constitute randomly selected portions from public domain data from the National Institute of Statistics of Chile (“Data Owner”), with other demographic and survey variables randomized and anonymized. The source of the Data is (and shall remain) duly acknowledged in the Package.

## 5.	Retained Rights and Limitations on Use
5.1. **Retained Rights**. Except as otherwise indicated herein, WHO owns and shall retain all right, title and interest in and to the Package, including all intellectual property rights embodied therein, including (i) all of the service marks, trademarks, trade names or any other designations associated with the Package; and (ii) all copyrights, patent rights, trade secret rights, and other proprietary rights relating to the Package. Nothing contained in this License shall be deemed to convey to the Licensee any title or ownership in the Package or the related documentation. 

5.2. **Technical limitations of Use**. You shall not remove any WHO identification or notices of any proprietary, patent or copyright restrictions from the Package, or any support material such as the related documentation.  

5.3. **Limitations on use of Data**. In no event shall you use the Data:

* (i)	In any manner which infringes the rights of any person or entity, including the rights of the Data Owner; * (ii)	In, or in association with, any product marketing, promotional, or commercial activities, including, without limitation, in, or in association with, advertisements, product brochures, company-sponsored web sites, annual reports, or other non-educational publications or distributions; 
* (iii)	In, or in connection with, the promotion of a commercial enterprise and/or its product(s) or service(s), and/or in any way that suggests that WHO endorses any specific company or products; 
* (iv)	In any political activities; 
* (v)	In any way which might otherwise jeopardize the name or reputation of WHO, its special programmes, and/or its research projects or the Data Owner; 
* (vi)	In any manner which is, or could be considered to be, illegal; or 
* (vii)	In any manner which is in violation of this Agreement.

## 6.	Acknowledgment and Use of WHO Name and Emblem 
6.1. You shall not state or imply that results from the Package are WHO’s products, opinion, or statements. Further, you shall not (i) in connection with your use of the Package, state or imply that WHO endorses or is affiliated with you or your use of the  Package, the Software, or that WHO endorses any entity, organization, company, or product, or (ii) use the name or emblem of WHO in any way. All requests to use the WHO name and/or emblem require advance written approval of WHO.

## 7.	Disclaimers by WHO 
7.1. **No WHO warranties**.  WHO makes no warranty with respect to the Package, and disclaims all statutory or implied warranties, expressed or implied, as to the accuracy, completeness or usefulness of any information, apparatus, product, or process related to the Package, including, without limitation, to any warranty of design or fitness for a particular purpose, even if WHO has been informed of such purpose. WHO does not represent that the use of the Package would not infringe third parties' proprietary rights.  WHO provides the toolkit “as is”, and does not represent that the Package is operational, free of defects, virus free, able to operate on an uninterrupted basis, or appropriate for your technical system. 

7.2. **Country or area designations**. The designations employed and the presentation of the material in the Package do not imply the expression of any opinion whatsoever on the part of WHO concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.

7.3. **Mentions of companies or products**. Any mention of specific companies or of certain manufacturers’ products does not imply that they are endorsed or recommended by the World Health Organization in preference to others of a similar nature that are not mentioned. Errors and omissions excepted, the names of proprietary products are distinguished by initial capital letters.

## 8.	Limitation of WHO’s Liability
8.1. WHO shall not be liable for any loss or damage arising directly or indirectly in connection with, or resulting from, your use of the Package.

8.2. WHO further expressly excludes liability for any indirect, special, incidental or consequential damages which may arise in respect of the Package and its use, and the results thereof. 

8.3. WHO expressly excludes liability for any damages which may arise in respect of the use of the Data by the Licensee.

## 9.	Your Indemnification of WHO  
9.1. You shall indemnify, hold harmless, and defend at your own expense WHO, its officers, agents, and employees from and against any claims, demands, causes of action, and liability of any nature or kind resulting from or relating to your use of the Package.

## 10.	Term and Termination of this Agreement
10.1. This Agreement shall remain in effect so long as you hold any copy of the Package on any of your computer systems or storage media, or anyhow use or access the Package per remote access via an Internet/Intranet connection. This Agreement, including the rights granted under it, shall terminate automatically upon any breach by you of any of its terms. Further, WHO may terminate this Agreement, including the rights granted under it, at any time, with immediate effect, for any reason, by written notice to you.  This Agreement is the entire agreement between you and WHO with respect to its subject matter.  This Agreement may only be amended by mutual written agreement of you and WHO. 

10.2. Upon termination of this License for any reason whatsoever, you shall immediately cease all use of the Package and destroy and/or remove all copies of the Package from your computer systems and storage media.

## 11.	General Provisions 
11.1. You may not assign this Agreement without the prior written agreement of WHO (such agreement not to be unreasonably withheld).

11.2. This Agreement may not be supplemented, modified, amended, released or discharged, unless approved in writing by WHO. WHO reserves the right to make changes and updates to this Agreement without prior notification. Such changes and updates shall be applied as of the date of their issuance. Any waiver by WHO of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind.

11.3. If any provision of this Agreement is invalid or unenforceable, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible. 

11.4. Paragraph headings in this Agreement are for reference only. 

11.5. Any matter relating to the interpretation or application of this Agreement which is not covered by its terms shall be resolved by reference to Swiss law. Any dispute relating to the interpretation or application of this Agreement shall, unless amicably settled, be subject to conciliation. In the event of failure of the latter, the dispute shall be settled by arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed upon by the parties or, in the absence of agreement, in accordance with the UNCITRAL Arbitration Rules. The parties shall accept the arbitral award as final.

## 12.	Privileges and Immunities of WHO
12.1. Nothing contained herein or in any license or terms of use related to the subject matter herein (including, without limitation, the GNU General Public License discussed in paragraph 3.1 above) shall be construed as a waiver of any of the privileges and immunities enjoyed by the World Health Organization under national or international law, and/or as submitting the World Health Organization to any national court jurisdiction.


