Single User agreement

The Annotator website is owned and operated by Imense Ltd (Co. No. 5136978) registered address Salisbury House, Station Rd. Cambridge CB1 2LA (‘Imense’).

The Purpose of this agreement (the 'Agreement') is to allow a user to upload images ('Images') to the Annotator and then associate annotation with each image.

The Annotator exists to allow the efficient generation of annotation for commercial use images. The Annotator may not be used for secure storage or distribution of images.

Upload of Images

The User may upload 6000 Images per year to Annotator. The Images may not exceed 5 MB each in uncompressed file size. Images larger than this may be rejected by the server. If the Annotator is to automatically generate annotation through processing the Images then the Images should be sized to be approximately 2-3 MB uncompressed file size, or 1-2 megapixels in area, and the Images should be compressed in JPEG format. Images larger than 1.4 megapixels will be downsampled by Imense. The User is responsible for his or her own bandwidth costs in any use of the Annotator.

Undertakings

Imense undertakes not to release any of the Images to any third party. If the User fails to maintain the security of his or her password the User agrees that Imense will not be liable to the User for the consequences of any third party access to the User's account. Imense undertakes to keep the Annotator available for use for the duration of the Agreement with the proviso that the website will periodically be off-line for maintenance and backup operations to be performed and will periodically be unavailable due to infrastructure problems beyond the control of Imense. This may happen without warning. The User agrees that Imense will have no liability to the User for any loss of access to the Annotator.

Imense recommends the Firefox 3.x web browser and regularly tests, but does not guarantee, compatibility with the following additional browsers: Safari 4, Safari 3.x, Firefox 2.x, and Internet Explorer 8 and 7. In particular, versions of Internet Explorer prior to version 7 are known not to work.

Permitted Use of the Images and Metadata

The User grants Imense a license to store and use the Images and associated metadata to develop and test algorithms for image retrieval and annotation generation for the duration of the Agreement. Any algorithms or other Intellectual Property thus generated shall be the exclusive property of Imense Ltd. The User warrants that they have the right to issue Imense with such a license for the Images and metadata. The User warrants that the Images may legally be displayed in the United Kingdom.

Permitted Use of the Annotator

The Annotator is to be used by the User exclusively for associating annotations with Images uploaded by the User to the website. The maximum number of Images uploaded and or annotated per month is set by the level of membership purchased by the User. The User may not rent his account to any other individual or organisation. The User may not use the Annotator as a means of distributing his images through allowing third party access to his account.

Copyright of Annotations generated by the User

The User is expected to use the Annotator to generate annotations for the Images. The User shall own the copyright on any such annotations. The User recognises that the Annotator uses statistical inference over relative frequencies of terms to assist in term selection for annotation generation. The User grants Imense a royalty-free, non-exclusive, perpetual license to derive and use term frequency statistics from any annotation or metadata supplied by the User under the Agreement.

Use of the Imense Controlled Vocabulary

During the period of this Agreement the User may download and keep a copy of the Imense Controlled Vocabulary. The User undertakes not to distribute or sell the Imense Controlled Vocabulary. The User accepts that the version of this vocabulary available from the Annotator will change over time. No warranty of any kind is given with this vocabulary. For the avoidance of doubt the Imense Controlled Vocabulary is a hierarchical list of terms whose structure is designed to facilitate the look up of instances of objects. The Imense Controlled Vocabulary is not the same as the Imense Commercial Vocabulary which may not be downloaded or distributed.

Termination

The Agreement will terminate at the end of the subscription or trial period, unless renewed by the User. On termination all of the User's Images and metadata present on the Annotator will be deleted.

Breach of the Agreement

On breach of the Agreement by the User the Agreement will terminate with immediate effect. All of the User's Images and metadata will be deleted and User access to the Annotator will be revoked.

Disclaimer of Warranty

The product is provided "as is" with all faults. To the extent permitted by law, Imense hereby disclaims all warranties, whether express or implied, including without limitation warranties that the product is free of defects, merchantable, fit for a particular purpose and non-infringing. The User agrees to bear the entire risk as to selecting the Annotator for their purposes and as to the quality and performance of the Annotator. This limitation will apply notwithstanding the failure of essential purpose of any remedy. For the avoidance of doubt, the Annotator may provide suggested annotations that an algorithm has determined as being relevant to a User's uploaded Image. No warranty of any kind is given over any annotation suggested by the Annotator. The User accepts and understands that any such annotation is prone to error and the User agrees to verify any such annotation and the User indemnifies Imense against any action arising out of any annotation associated with any Image through the use of the Annotator.

Limit of Liability

Except as required by law, Imense will not be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this Agreement or the use of or inability to use the Annotator, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based. Imense’s total liability under this Agreement will not exceed £100 (100 UK Pounds).

Jurisdiction

This Agreement and any documents to be entered into pursuant to it shall be governed by and construed in accordance with English law and each Party irrevocably submits to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection with this Agreement and the documents entered into pursuant to it.

Executed as an agreement.