Georgia Tech Community COVID-19 Response

Providing these design plans and/or use of the design plans or any items arising out of or derived from such design plans does not convey and shall not be construed to convey any right, title or interest, including but not limited to intellectual property rights, subsisting in the design plans or any items arising out of or derived from such design plans.

1. The information provided on this GIT Rapid Response Covid-19 Website (“Website”), including any downloadable file, is presented for informational purposes only. The information was prepared by GIT and may include contributions by other institutions collaborating with GIT. The term “Collaborators” means any institution or individual that has contributed to any information, item, or other content or material provided on this Website. For institutions, the term “Collaborators” shall include the institutional entity itself, as well as any affiliated entities, and their respective employees, trustees, directors, officers, and other agents or representatives. For particular items on this Website portal, institutional Collaborators include Emory University, Emory Healthcare, and Cranfield University. The Board of Regents of University System of Georgia (Board of Regents), GIT, its affiliated organizations and their respective individual members, officers, employees, directors and agents and any Collaborators are not responsible or liable under any theory of liability, for any use or application of any information presented on this Website.

2. Any illustration, schematic and other content presented on this Website shall be, individually and collectively, referred to as a “GIT Innovation”. GIT Innovation shall include all such items on this Website without regard to whether they were solely created by GIT or also include contributions from Collaborators.

3. Information contained within this Website portal was developed by GIT and its Collaborators, and GIT reserves the right to revise and/or update any GIT Innovation at any time without notice. The concepts and inventions described by any GIT Innovation may be subject to pending patents and GIT and its Collaborators reserve the right to file for any additional patent protection on any invention disclosed by any GIT Innovation.

4. Each GIT Innovation, including the concepts and inventions depicted therein, is experimental in nature and is not and has not been, reviewed, approved, authorized, or cleared by the United States Food and Drug Administration (“FDA”) or any other regulatory body or an Institutional Review or Ethics Board (“IRB”), as medical devices which are safe or effective or that comply with performance standards, including without limitation, American National Standards Institute (ANSI) and International Safety Equipment Association (ISEA) standards, for protection against hazards, including bloodborne or respiratory pathogens and other infectious materials.

5. The Board of Regents, GIT, its affiliated organizations and their respective individual members, officers, employees, directors and agents, and any Collaborators are not responsible for the use or results of using any GIT Innovation. You may not achieve the result you desire and no representations, warranties or guarantees with respect to any GIT Innovation are made. THE BOARD OF REGENTS, GIT, ITS AFFILIATED ORGANIZATIONS, THEIR RESPECTIVE INDIVIDUAL MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS, AND ANY COLLABORATORS SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY THEORY OF LIABILITY FOR YOUR USE OF ANY GIT INNOVATION OR ANY ALLEGED INJURIES, DAMAGES, OR OTHER LOSSES ARISING THEREFROM. Use of any GIT Innovation is not and shall not be a substitute for any medical care, advice, or treatment.

6. GIT is presenting and publicly releasing for free the GIT Innovation for Your information and/or for entities considering options to design their own solutions to meet their own individual demand for certain medical devices, which may include emergency ventilators, when FDA-listed and FDA-cleared options may be unavailable during the COVID-19 pandemic. Disclosure of any GIT Innovation and related content on this Website, including without limitation designs, schematics and drawings, does not constitute commercialization.

7. A GIT Innovation may not suit your needs or the needs of your patients or facilities and the Board of Regents, GIT, its affiliated organizations, their respective individual members, officers, employees, directors, and agents, and any Collaborators make no representations or warranties that a GIT Innovation will suit these needs. Any use of any GIT Innovation is likely to require the approval of the resulting products by the FDA or the issuance of an Emergency Use Authorization by the FDA, approval by an IRB, and approval by any other applicable regulatory body, as medical devices that are safe or effective or comply with performance standards, including without limitation, American National Standards Institute (ANSI) and International Safety Equipment Association (ISEA) standards, for protection against hazards, including bloodborne or respiratory pathogens and other infectious materials. You agree that any use of any GIT Innovation will be in compliance with any and all applicable laws, rules, and regulations, including but not limited to the FDA.

o The copyright in a GIT Innovation is licensed under Creative Commons Licenses. Please refer to the individual GIT Innovation for the applicable Creative Commons License in effect. Terms in the applicable Creative Commons License are supplemental to and not in lieu of the terms of this Agreement.

o You hereby irrevocably agree to indemnify and hold the Board of Regents, GIT, its affiliated organizations, their respective individual members, officers, employees, directors, and agents, and all Collaborators harmless from any claims or any other form of liability from your use of any GIT Innovation. Notwithstanding anything herein, you understand and acknowledge that GIT’s acceptance of this and any other waivers and releases of liability and indemnification by you hereunder shall not constitute a waiver, in whole or in part, of sovereign immunity by the Board of Regents, GIT, its affiliated organizations or their respective individual members, officers, employees and agents.

o ACCESS TO AND USE OF ANY GIT INNOVATION, INCLUDING ALL RELATED MATERIAL AND CONTENT AND ANY CONCEPTS AND INVENTIONS DEPICTED THEREIN ARE SOLELY AND COMPLETELY YOUR DECISION WITHOUT RELIANCE ON ANY PRESS RELEASE, NEWS ARTICLE OR REPRESENTATION OF ANY KIND BY GIT OR ANY COLLABORATOR AND AT YOUR OWN RISK, AND ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.

o You agree to not use any trademarks or service marks belonging to GIT or any of its affiliated organizations or the Board of Regents of University System of Georgia or any Collaborator without GIT’s prior written consent or the consent of the applicable Collaborator. Notwithstanding the foregoing, any copies or reproductions of any GIT Innovation, related methods and/or illustrations shall contain the original markings, including without limitation the GIT copyright notice, as appearing on the content herein. Nothing contained in any GIT Innovation or any related content and/or any content contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any GIT or Collaborator trademark and/or service mark.

o One or more links to websites may be included in this Website (“Third Party Sites”). GIT has no control over Third Party Sites and is not responsible for your use of any Third Party Site, or any link contained within a Third Party Site. The link to any Third Party Site is provided for your convenience and GIT and its Collaborators do not endorse the content contained on any Third Party Site. GIT and its Collaborators are not responsible or liable for your use of any Third Party Site.

o You assume any and all responsibility and liability for your use of any GIT Innovation. In no case shall the Board of Regents, GIT, its affiliated organizations, any of its respective affiliates, or its officers, directors, employees, agents, and/or authorized representatives, or any Collaborators be responsible or liable for any damages or consequences, directly or indirectly, arising from your use or misuse of any GIT Innovation, or any results obtained from it. You agree that the Board of Regents, GIT, its affiliated organizations, their respective individual members, officers, employees, and agents, and any Collaborators will not be liable for any claims, damages, losses or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, in reliance of, or in connection with any GIT Innovation.

o THE BOARD OF REGENTS, GIT, ITS AFFILIATED ORGANIZATIONS AND THEIR RESPECTIVE INDIVIDUAL MEMBERS, OFFICERS, EMPLOYEES AND AGENTS AND ANY COLLABORATORS SHALL NOT ASSUME ANY RESPONSIBILITY FOR ANY USE OR MISUSE OF THE INFORMATION OR CONTENT PROVIDED ON OR ACCESSED THROUGH THIS WEBSITE. IN NO EVENT WILL THE BOARD OF REGENTS, GIT, ITS AFFILIATED ORGANIZATIONS AND THEIR RESPECTIVE INDIVIDUAL MEMBERS, OFFICERS, EMPLOYEES AND AGENTS AND ANY COLLABORATORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION OR CONTENT CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE.

o This Terms of Use and Disclaimer constitutes the entire agreement and understanding between the parties and terminates all prior representations, agreements or other understandings between the parties. If any part or parts of this Terms of Use and Disclaimer are held to be invalid or unenforceable, the remaining parts of this Terms of Use and Disclaimer will continue to be valid and enforceable. No modification or alteration of this Terms of Use and Disclaimer will be effective unless in writing signed by both parties. This Terms of Use and Disclaimer shall be governed by the law of the State of Georgia, without regard to its choice of law principles. Any dispute arising under this Terms of Use and Disclaimer or relating in any way to a GIT Innovation or any use thereof may be brought only in a court of competent jurisdiction in the State of Georgia, which shall be the exclusive forum and venue for any such disputes.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, PLEASE CALL YOUR DOCTOR OR EMERGENCY SERVICES NUMBER IMMEDIATELY. THE INFORMATION AND MATERIALS PROVIDED ON OR ACCESSED THROUGH THIS WEBSITE ARE INTENDED SOLELY FOR GENERAL INFORMATION PURPOSES ABOUT MEDICAL DEVICES, AND ARE NOT INTENDED FOR USE BY INDIVIDUALS OR PATIENTS SEEKING MEDICAL ADVICE OR TREATMENT. ACCORDINGLY, THE INFORMATION AND MATERIALS PRESENTED ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. BY PROVIDING THIS WEBSITE OR ANY INFORMATION OR CONTENT, GIT AND ITS COLLABORATORS ARE NOT ENGAGED IN THE PRACTICE OF MEDICINE, NURSING, OR THE PROVISION OF ANY HEALTH CARE SERVICE, AND WILL NOT EXERCISE ANY CONTROL OR INFLUENCE OVER THE MEDICAL JUDGMENT OR DECISION MAKING OF ANY USER IN PROVIDING HEALTH CARE SERVICES TO HIS OR HER PATIENTS. GIT AND THE COLLABORATORS DO NOT RECOMMEND OR ENDORSE ANY TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED WITHIN A GIT INNOVATION. RELIANCE ON ANY CONTENT OR INFORMATION PROVIDED ON THIS WEBSITE IS SOLELY AT YOUR OWN RISK.