Musculoskeletal Atlas: For Academic and Scholarly Use
Untitled Document

Musculoskeletal Atlas of the Human Body
Academic and Scholarly Use Agreement
UW CoMotion Express License

This License Agreement is for academic and scholarly use of the Musculoskeletal Atlas. To request permission for this use you will need to complete the click-through request form and provide information on your intended use. If you are looking for other uses of the images, including all commercial use, please go back to the licensing page and select the “For Other Uses and All Commercial Use of Images” Agreement or contact license@uw.edu for assistance.

To complete the license, please:

  1. 1. REVIEW
  2. You will be directed to a page where you can review the agreement terms.

  3. 2. COMPLETE & SIGN
  4. To complete this agreement, you will be directed to a page to enter the following information.
  5.  
    1. a. Contact information (including name, university or organization, address, country and email)
    2. b. Type of intended use (Peer-reviewed article, Classroom or non-commercial presentation, or Student paper)
    3. c. Image Title you want to use from List of Images in Atlas: https://rad.washington.edu/muscle-atlas/
    4. d. Title of your article, student paper or presentation

  6. 3. PAYMENT
  7. As an academic courtesy and to promote scholarly use of the Atlas Images, UW and the developers of the Images may grant a one-time, no-fee permission for peer-reviewed articles, limited classroom use by students and student papers provided the Licensee completes the agreement and agrees to the conditions identified.

  8. 4. DELIVERY
  9. Upon submittal of the Agreement, you will receive a confirmation and copy of the fully executed Agreement to the email address provided. You will then be contacted by the UW to set up delivery.

  10. 5. QUESTIONS
  11. Please contact our office if you have any questions about this process:

    Express Licensing Program           
    UW CoMotion
    University of Washington
    4545 Roosevelt Way NE, Suite 400
    Seattle, WA 98105-4608
    Phone: 206-685-2278
    Email: license@uw.edu

Musculoskeletal Atlas of the Human Body
Academic and Scholarly Use Agreement
UW CoMotion Express License

BACKGROUND

The Musculoskeletal Atlas, by Carol Teitz, M.D. and Dan Graney, Ph.D., contains more than 80 anatomical images of upper and lower extremities (“Images”) in two formats: HTML and JPEG-72dpi only. The images may be licensed for many uses. Some of the most recent requests for licenses have been for: instructional digital and print resources, content for websites, illustrations in publications, and handouts for training sessions, examples connected to consumer and professional products or services.

As an academic courtesy and to promote scholarly use of the Atlas Images, UW and the developers of the Images may grant a one-time, no-fee permission provided you fill out this form and agree to the conditions identified herein.

AGREEMENT

As of the date the “Execute License” button below is clicked (“Effective Date”), UW grants Licensee a non-exclusive academic license to use Musculoskeletal Atlas Images on the following conditions:

  1. 1. Definitions.
  2. 1.1 “Purpose” means use of the Images for academic and scholarly use for one of the following purposes only, as provided:
  3. A. Submit to a peer-reviewed journal and, if accepted, for the Images to be published in the journal; or
  4. B. Include in a classroom or non-commercial educational presentation made by a student; or
  5. C. Include as an illustration or reference citation in a student paper prepared for an educational institution.

  6. 2. Grant of Rights. Commencing on the Effective Date, UW grants Licensee a non-exclusive, royalty-free license to reproduce Images for the Purpose as provided. This grant of rights is limited to use by Licensee’s Organization and its students or employees and does not authorize re-use, re-distribution, modification or adaption of the images other than for the Purpose identified above without the written permission of the authors and the University of Washington. Use by third parties or by anyone not authorized by the UW to access the Images is prohibited. Licensee shall gain no ownership in the Images under this Agreement and does not have the right to sublicense its rights under this Agreement.

  7. 3. Rights to Modifications. For clarity, Licensee may modify the Images only for the purposes of formatting a presentation, submitting the manuscript of an article, or changing the size of the Images. Licensee further acknowledges the right of UW to prepare, publish, and distribute UW-prepared modifications to the Images (“UW Modifications”).

  8. 4. No Commercial Use. Licensee is not permitted to copy, distribute, perform/display or sublicense the Images for any commercial purposes including marketing under this Agreement.

  9. 5. UW Updates. UW may, in its sole discretion, offer periodic, unofficial updates to Images with no obligation to provide notification to Licensee (“UW Updates”). All such updates are covered under terms of this Agreement.

  10. 6. Term and Termination. This Agreement shall remain effective for the duration of the life of the copyright protection in the Images, except that: (i) Licensee may terminate this Agreement at any time by delivering to UW a written notice of termination at least 30 days prior to the effective date of termination; and (ii) if Licensee materially breaches this Agreement, UW may deliver to Licensee a written notice of default, and UW may terminate this Agreement by delivering to Licensee a written notice of termination if the default has not been cured in full within 30 days of the delivery to Licensee of the notice of default. Upon termination of this Agreement, the Images granted will terminate and Licensee will destroy any existing Images in their possession and provide written notification of said destruction to UW within 10 days of the effective date of termination.

  11. 7. Release. For itself and its employees, Licensee hereby releases UW and its regents, employees, and agents forever from any suits, actions, claims, liabilities, demands, damages, losses, or expenses (including reasonable attorneys’ and investigative expenses) relating to or arising out of the manufacture, use or other disposition of Images.

  12. 8. Indemnification. Licensee shall indemnify, defend and hold harmless UW and its regents, employees, students and agents, against any and all claims, suits, losses, damages, costs, fees and expenses (including, without limitation, reimbursing reasonable attorneys’ fees and other costs and expenses of defense) based on UW’s role in developing or licensing Images and relating to or arising out of Licensee’s exercise of any rights with respect to Images, including but not limited to any damages, losses or liabilities whatsoever with respect to death or injury to any person and damage to any property, provided that Licensee will not have obligations to the extent resulting from UW’s gross negligence or willful misconduct. This indemnification clause shall survive the termination of this Agreement.

  13. 9. Authority. Each Party represents and warrants to the other Party that it has full power and authority to execute, deliver, and perform this Agreement, and that no other proceedings by such party are necessary to authorize the Party’s execution or delivery of this Agreement.

  14. 10. Disclaimer. The Images are/have been developed at UW. The Images are made available “AS IS,” without obligation by UW to provide accompanying services or support. The entire risk as to the quality and performance of the Images is with Licensee. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 9 “Authority” OF THIS AGREEMENT, UW DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS AND IMPLIED, CONCERNING IMAGES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  15. 11. Remedy Limitation. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (A) IN NO EVENT WILL UW BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGES ARISING IN CONNECTION WITH THE ACTIVITIES CONTEMPLATED IN THIS AGREEMENT AND (B) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITY, INVENTORY LOSS, WORK STOPPAGE, LOST DATA OR ANY OTHER RELIANCE OR EXPECTANCY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OF ANY KIND.

  16. 12. No Assignment. The rights and licenses granted by UW in this Agreement are personal to Licensee and Licensee will not assign its interest or delegate its duties under this Agreement.

  17. 13. Proprietary Markings. Licensee shall retain in the Images, and in any Modifications, the proprietary notices and legends as provided by UW, including without restriction any and all copyright, trademark, legends pertaining to attribution, funding sources, and disclaimer of risk, and at the request of UW, shall promptly modify such proprietary notices and legends to conform to UW’s reasonable requirements.

  18. 14. Attribution. Licensee agrees the Images are the intellectual property of UW, and Licensee shall retain all UW copyright and attribution statements, notices, credits, and acknowledgements in any use of the Images. For attribution, Licensee agrees to include the following credit line underneath each instance of use of the Images:

    Copyright 2003-2004 University of Washington. All rights reserved including all photographs and images. No re-use, redistribution or commercial use without prior written permission of the authors and the University of Washington.

  19. 15. Acknowledgement. Licensee agrees to include the following information on the authors in an acknowledgement section (or its equivalent):

    Musculoskeletal Images are from the University of Washington "Musculoskeletal Atlas: A Musculoskeletal Atlas of the Human Body" by Carol Teitz, M.D. and Dan Graney, Ph.D.

  20. 16. Trademark. “Musculoskeletal Atlas” and “Muscle Atlas” are trademarks (collectively “Trademark”) of UW. Licensee acquires no right, title or interest in the Trademark or the goodwill associated with them, other than the right to use the Trademark according to this License. In accepting this License, Licensee acknowledges that as between Licensee and UW, UW is the owner of the Trademark and Licensee agrees not to use or apply to register any trademarks which include the Trademark or any trademark, service mark, trade name or derivation confusingly similar to the Trademark, in any country or territory during or after the term of this License. Licensee will not challenge UW’s registration of the Trademark, nor assist any one in challenging them. Licensee will not take any action in derogation of any of the rights of UW in the Trademark. At the request of UW, Licensee will execute any papers or documents reasonably necessary to protect the rights of UW in the Trademark and execute and deliver such other documents as may be reasonably requested by UW. If Licensee becomes aware of any infringement on the intellectual property rights of UW, Licensee will use reasonable efforts to notify UW.

  21. 17. Feedback. Licensee agrees that it shall provide the developers of Images (“UW Developers”) with feedback on the use of the Images upon request from UW in a format to be provided by UW. Licensee hereby grants the UW Developers and UW the right to use any information Licensee provides to make changes to the Images and to distribute such modifications.

  22. 18. Delivery and Access. UW shall provide access to Images to the Licensee via delivery of a CD containing files.

  23. 19. No Fee. UW will provide Images at no cost for approved Purposes.

  24. 20. Security. Licensee will implement administrative, physical, and technical safeguards to ensure the security of Images and to prevent unauthorized use or access.

  25. 21. Survival. The obligations and rights set forth herein will survive the termination or expiration of this Agreement.

  26. 22. Entire Agreement. This Agreement is the final and complete understanding between the parties concerning licensing the Images. This Agreement supersedes any and all prior or contemporaneous negotiations, representations, and agreements, whether written or oral, concerning the Images. This Agreement may not be modified in any manner, except by written agreement signed by an authorized representative of both Parties.