1. Access to the Echidna API & OMOP Terminology Data

1.1
Using the Echidna API in accordance with these Terms of Access will give you access to the OMOP terminology data that we obtain from http://athena.ohdsi.org/ and then translate and make available through the Echidna API (OMOP Terminology Data). The OMOP Terminology Data is available via Echidna API endpoints specified at fhir.ohdsi.org or fhir-terminology.ohdsi.org through which you may obtain the OMOP Terminology Data translated by the Echidna API. We will use reasonable endeavours to ensure that the translated data conforms to the FHIR r4 protocol available at https://tx.fhir.org/r4/. You may access, use and download the OMOP Terminology Data strictly in accordance with the terms and conditions set out at https://ohdsi.org/ and these Terms of Access.

1.2
Accessing the Echidna API and downloading of OMOP Terminology Data is permitted only for your personal use and any use of OMOP Terminology Data for any commercial purpose is prohibited.

1.3
Evidentli is not responsible for the OMOP Terminology Data. We will obtain the underlying data from http://athena.ohdsi.org/ in a form that it makes available to us under the Observational Medical Outcome Partnership Common Data Model (OMOP) framework. It is to be noted that the OMOP terminology encompasses several “upstream” vocabularies, including, but not limited to: (a) SNOMED International (Systematised Nomenclature of Medicine – Clinical Terms), which provides a comprehensive clinical terminology; (b) the Regenstrief Institute, which develops and maintains Logical Observation Identifiers Names and Codes (LOINC); (c) the World Health Organisation (WHO), which sets health standards and provide guidance on health related issues; and (d) vocabularies maintained by OHDSI. Furthermore, certain vocabularies, such as CPT4, require separate licenses, which we do not offer at this time. You must obtain all relevant licenses before using any applicable vocabularies. The Echidna API will translate the OMOP terminology data that we obtain from http://athena.ohdsi.org/ into FHIR r4 format but such translations may be subject to errors and omissions and may be inaccurate or incomplete. Evidentli controls the URLs at https://fhir-terminology.ohdsi.org and https://fhir.ohdsi.org which provide terminology relevant to the Echidna API but does not control the OMOP terminology data made available by http://athena.ohdsi.org/.

1.4
Evidentli, as the owner of the Echidna API, does not warrant that the OMOP Terminology Data is correct, up to date, error free and/or is suitable for any particular purpose. Evidentli provides a translation facility whereby the results of any API request that you make for OMOP terminology data made available by http://athena.ohdsi.org/ will be provided to you in the language made available to you via the Echidna API, subject to these Terms of Access, including but not limited to the first sentence of this clause, clause 1.5 and clause 1.6.

1.5
We do not warrant and/or represent that the Echidna API will operate on an uninterrupted or error free basis.

1.6
Evidentli will make reasonable endeavours to accurately translate the relevant OMOP terminology data that we make available in response to any applicable API request. However, Evidentli does not warrant or represent that the OMOP Terminology Data will be:

1. 1.6.1 in any particular language; or

2. 1.6.2 accurately or correctly translated.

1.7We may block your access to the Echidna API at any time, in our absolute discretion, as necessary to conduct maintenance, to comply with our legal obligations, and/or if we determine that you are not abiding by these Terms of Access.

1.8
You must comply with any technical or other instructions and/or terms specified at evidentli.com/echidna-terms-of-use or as otherwise required in writing by us, Observational Health Data Sciences and Informatics (OHDSI) and/or HL7, the organisation responsible for maintaining the FHIR standard, to access and/or use OMOP Terminology Data or any underlying part thereof.

2. Availability of FHIR Access & Data

2.1
You agree and acknowledge that the accessibility, availability and use of the Echidna API and access to OMOP Terminology Data made available through it are highly dependent on the proper functioning of the Internet and any other relevant computer and telecommunications networks and infrastructure. While we will use reasonable endeavours to ensure that the OMOP Terminology Data is available via the Echidna API (except during scheduled maintenance or during downtime beyond our reasonable control), we do not represent that the Echidna API will be error-free or accessible on an uninterrupted basis.

2.2
We may take the Echidna API offline at any time without notice for maintenance.

2.3
The availability of the Echidna API and OMOP Terminology Data will also be subject to technical and non-technical limitations or restrictions that we notify you of from time to time.

2.4
You further acknowledge that:

1. 2.4.1 the availability of the OMOP Terminology Data is under the control of third parties and is dependent on maintenance and technical facilities provided by such third parties, over which we have no control; and

2. 2.4.2 we make no recommendation, referral or endorsement in respect of any OMOP Terminology Data, or its accuracy, and you must make your own independent inquiries and determinations regarding its nature, accuracy and value.

3. License

3.1
We hereby grant to you a limited, worldwide, royalty-free, non-transferable, nonsublicensable licence to use the Echidna API during the term of these Terms of Access, to retrieve OMOP Terminology Data for your personal use only and not for commercial purposes, subject to clauses 3.2 and 3.3 (Licence).

3.2
You must not use the Echidna API or any OMOP Terminology Data in any way in breach of:

1. 3.2.1 any licence governing the underlying data that is translated by the Echidna API in the course of generating OMOP Terminology Data, including any licence terms imposed by OHDSI; and/or

2. 3.2.2 any licence or legal terms set out at https://www.hl7.org/fhir/license.html.

3.3
You must not do or authorise the commission of any act that would or might adversely affect or be inconsistent with our Intellectual Property Rights or those of OHDSI and/or HL7. Without limiting the foregoing provisions, and unless otherwise agreed in writing by you and us, you must not, under any circumstances, license, sell or resell access to the Echidna API; or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the Echidna API. In addition, you must not, without our prior written consent:

1. 3.3.1 license, resell, distribute, give access to, or resupply, OMOP Terminology Data to any third party;

2. 3.3.2 use the Echidna API and/or the OMOP Terminology Data in any way that infringes our rights, HL7’s rights, OHDSI’s rights and/or the rights of any third party, or which is in breach of any Applicable Law;

3. 3.3.3 use the Echidna API and/or the OMOP Terminology Data to create any product or service that competes with the Echidna API or any other product or service that we supply; or

4. 3.3.4 take any steps to circumvent any technological protection measure or security measures in the Echidna API, including rate limits.

4. Acceptable Use Policy

4.1
You must not:

1. 4.1.1 introduce malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs);

2. 4.1.2 seek to circumvent any protections or security in relation to, nor access other than as expressly instructed by us, the Echidna API;

3. 4.1.3 use the Echidna API to execute any form of network monitoring which will intercept data not intended for you;

4. 4.1.4 disparage us, the Echidna API, or the OMOP Terminology Data; and/or

5. 4.1.5 encourage, entice, suggest or request any person, not to use the Echidna API.

5. Intellectual Property Rights

5.1
These Terms of Access do not transfer or assign any Intellectual Property Rights to you.

5.2
As between you and us, we or our licensors own all Intellectual Property Rights in the Echidna API and OMOP Terminology Data and in any updates, upgrades, modifications, improvements and/or adaptations thereof (collectively, Our IP). You do not acquire any rights in or to any of Our IP other than rights expressly granted to you by us under these Terms of Access or by such third parties.

5.3
To the extent that you own any of Our IP, you hereby assign it to us.

5.4
You must not:

1. 5.4.1 use any of our, our licensor’s and/or our suppliers’ trademarks, domain names, business names, company names, product names, service names, software names or other marks (collectively, Marks); or

2. 5.4.2 contest any Mark, apply for registration of any Mark or use or apply for registration of any trade mark, trade name, business name, company name or domain name which is or incorporates any element that is confusingly similar to any Mark.

5.5
You have no rights in respect of any Marks or their associated goodwill. All such rights and goodwill inure for the benefit of, and are (and will remain) vested in, us or our licensors.

6. Liability

6.1
We do not represent that any OMOP Terminology Data is accurate, correct, up-todate or error free.

6.2
A party is not liable for any indirect, special or consequential loss or damage arising under or in connection with these Terms of Access, including any:

1. 6.2.1 loss of profits;

2. 6.2.2 loss of sales or business;

3. 6.2.3 loss of production;

4. 6.2.4 loss of agreements or contracts;

5. 6.2.5 loss of business opportunity;

6. 6.2.6 loss of anticipated savings;

7. 6.2.7 loss of or damage to goodwill; and/or

8. 6.2.8 loss of reputation,
   
   whether arising in contract, tort (including negligence) or otherwise, and whether the loss or damage is foreseeable or not.

6.3
Our liability for all and any loss or damage that is caused by us or on our behalf in one or more events, that is not otherwise excluded by the provisions of these Terms of Access, is limited, in the aggregate, to the maximum extent permissible by law, to any agreed fees and charges that are payable by you to us for your use of the Echidna API.

6.4
To the extent that a party may not as a matter of Applicable Law exclude any condition, guarantee or warranty, the scope and duration of such condition,guarantee or warranty shall be the minimum permitted under such law and it limits its liability for breach of any such condition, guarantee or warranty as follows, at its option:

1. 6.4.1 in the case of goods, to: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and

2. 6.4.2 in the case of services, to: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.