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Tidepool Open Access to Health Data Software License
Added 2026-08-29
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👤 Howard Look🗓️ First Submitted: 2013-10-05📅 21 days💬 29 Events
Latest event👤 Howard Look📅 2013-10-26Review
Acknowledges that legislation could also secure patient access, but says lawmaking is outside the project’s scope and the proposal aims to combine open-source and open-data licensing.Full Text
TIDEPOOL OPEN ACCESS TO HEALTH DATA SOFTWARE LICENSE V1
This license governs the use of the software to which this license notice is applied (“Software”). You are not required to accept these license terms; however, nothing else grants you permission to modify or distribute the Software or its derivative works. The purpose of this license is to ensure that any use of this Software is conditioned upon making Health Data collected or processed by the Software Open to the Data Owner or any party authorized by the Data Owner, and this license should be interpreted in service of that purpose.
1. Definitions. As used in this license, the following terms have the following meanings.
A “Contribution” is the Software, or any modification or addition to the Software made available under this license.
A “Contributor” is any person or entity that makes available any Contribution under this license.
“Data Owner” means the natural person to whom the Health Data applies.
“Distribute” means to distribute, transfer a copy of, or otherwise make available (including via network access).
“Health Data” means data pertaining to the physiological functions of a natural person, including any information or data specific to understanding the operation, safety or efficacy of a device or service that accompanies, is assistive in understanding, or generates such data.
“Licensed Claims” are all claims in issued patents or pending patent applications owned or controlled by any Contributor or any of its Subsidiaries, now or in the future, having claims that, absent the license granted in Section 2(B), would be infringed by the making, having made, use, sale or other exploitation of that Contributor’s Contribution, or by the combination of the Contribution with the remainder of the Software (where such infringement would not arise based on the Software standing alone without the Contribution).
“Open” as applied to Health Data will have the meaning ascribed to such term by the Open Definition promulgated at opendefinition.org, version 1.1 and any later version; provided, however, that no condition of attribution will be applied to use of Health Data and the Health Data need not be made available or accessible to any party other than the Data Owner or parties authorized by the Data Owner. For avoidance of doubt, as applied to Health Data under this license, “Open” means that in the event you apply any encryption or obfuscation to the Health Data using the Software, you must provide the Data Owner with any encryption keys or other suitable means, free of charge, to access such Health Data, in a manner sufficient to allow a Data Owner with ordinary skill and knowledge to extract and store the Health Data in a non-proprietary format, in both human-readable and machine-accessible forms. When you provide Health Data in machine-accessible forms, you must also provide data format descriptors suitable for other programs to read the Health Data.
Any reference to the “Software” includes the Software, in whole or in part, in any medium or any format (such as binary or source code).
A “Subsidiary” is an entity that is controlled, directly or indirectly, by a Contributor.
In this license, “you” refers to any recipient of the Software.
2. Grant of Rights
(A) Copyright Grant. Subject to the license conditions and limitations in section 3, each Contributor hereby grants you a non-exclusive, perpetual, irrevocable, worldwide, fully paid-up, royalty-free copyright license to reproduce, prepare derivative works of, and Distribute its Contribution, in whole or in part, or any derivative works thereof that you may create under the foregoing license grant.
(B) Patent Grant. Subject to the license conditions and limitations in section 3, each Contributor hereby grants you a non-exclusive, worldwide, royalty-free license under the Licensed Claims to make, have made, use, sell, offer for sale, import, and otherwise dispose of its Contribution, and to practice any method embodied therein.
(C) No Sublicense. This license does not grant you the right to sublicense the rights granted to you in this license. Each time you Distribute the Software, the recipient automatically receives a license directly from the Contributors, subject to the terms of this License.
3. Conditions
(A) License Notice. If you Distribute the Software, whether in source code or binary format, you must provide the recipient with a copy of this license, which will govern the Software. Such notice may be delivered via any reasonable means that gives the recipient effective notice.
(B) Defensive Termination. If you bring a claim against any Contributor alleging that the Software directly or indirectly infringes any patent claim, the patent license granted to you under Section 2(B) will automatically terminate.
(C) Open Health Data. You must ensure that the Health Data remains Open to its Data Owner for a period of three years after the Health Data is first generated.
(D) Notices. If you Distribute the Software, you must retain all copyright notices that are present in the Software.
(E) Source Code Distribution. If you Distribute the Software or any derivative work thereof in source code form, you may do so only under this license by including a complete copy of this license with your distribution. For clarity, any source code file that does not contain any portion of the Software (other than interface definitions as necessary to interoperate with the Software) is not considered a derivative work of the Software. You may Distribute the Software in binary form under terms of your choice, so long as any license to redistribute the Software includes all of the conditions in this Section 3. For clarity, this license does not require you to deliver any source code to any recipient, except to the extent it may be necessary to comply with the conditions regarding Open Health Data in Section 3(C).
(F) Disclaimer. The Software is provided "as-is." All Contributors hereby disclaim, to the maximum extent possible under law, any and all warranties, guarantees or conditions, express or implied.