LOAD - Liverpool Osteoarthritis in Dogs

Terms and Conditions of Use for the Liverpool Osteoarthritis in Dogs (LOAD) Questionnaires

The initial and follow-up LOAD questionnaires, including user instructions, and any associated materials and content made available on this website (collectively, the “LOAD Questionnaires”) were developed by and are owned by the University of Liverpool.

The LOAD Questionnaires are made available to you under an exclusive distribution license by Elanco Animal Health (“Elanco” or “we”) and in accordance with these Terms and Conditions of Use (“T&Cs”).

1. The LOAD Questionnaires download function is intended only for animal healthcare professionals (“AHP”) responsible for data collection from LOAD such as a veterinarian, investigator, researcher, technician, physiotherapist, or other AHPs responsible for the monitoring of canine patients with osteoarthritis/orthopaedic conditions.

2. The LOAD Questionnaires have been developed to help AHPs better diagnose, monitor, and understand certain orthopaedic health conditions. The LOAD Questionnaires are not intended in any way to be a substitute for professional veterinary advice. The LOAD Questionnaires must not be used as the sole means for medical diagnosis or determining treatment, instead use should be one part of a thorough patient evaluation by a qualified AHP.

3. Downloading or using the LOAD Questionnaires constitutes acceptance of these T&Cs by an individual AHP and by all personnel subsequently using the LOAD Questionnaires within the individual clinic, research facility, place of work represented by the AHP downloading the LOAD Questionnaires.

4. Upon download in accordance with these T&Cs, Elanco grants to the AHP a non-exclusive, non-transferable, limited, revocable licence to access, print, store and use the LOAD Questionnaires in connection with animal care or animal health education or research only by AHPs and for non-commercial purposes, as clarified below.

    4.1 You cannot further distribute the LOAD Questionnaires or make them publicly available or open access. For example, users of LOAD Questionnaires must not publish or make available the LOAD Questionnaires document or its constituent questions in any form, including but not limited to hard copy or digital formats such as online journals, websites, and/or social media.

    4.2 It is accepted that the LOAD Questionnaires will be provided to pet owners/persons responsible for the dog for completion and such completed LOAD Questionnaires may be stored as part of the patient records. To facilitate ease of use, individual clinics, research facilities and other AHP establishments (where download or use of the LOAD Questionnaires constitutes acceptance of the T&Cs) may also direct pet owners/persons responsible for the dog, to a LOAD Questionnaires portal within their own in-clinic/in-facility system, provided such portal is access protected/not open access and that access is limited to their own client/patient database and made strictly subject to these T&Cs.

5. Permission for use of the LOAD Questionnaires is not a transfer of title under any circumstances, and under this licence you shall not:

     5.1 use the LOAD Questionnaire(s) for any commercial purpose (excluding use by AHPs for evaluation and care of canine patients);

     5.2 remove any copyright, trademark, or other proprietary notations from the LOAD Questionnaires; or

     5.3 in any way alter of modify the LOAD Questionnaires (please refer to clause 5 below for translation into other languages).

6. The use of the LOAD Questionnaires is on a strictly “as is” basis: No edits or changes to the documentation or content are permissible, except to the extent a translation of the content is required, as clarified below.

     6.1 Elanco-provided translated versions of the LOAD Questionnaires must be used whenever such language version is available.

     6.2 The LOAD Questionnaires are available from the Elanco website https://my.elanco.com/en_gb in the English language.

     6.3 The LOAD Questionnaires are also available in several other languages upon request from an Elanco representative.

     6.4 Further information may be found on the myElanco website of the relevant country and requests may be made by contacting your local Elanco representative.

     6.5 If a specific language version is not available through Elanco, translation of the content is permissible, provided that all ownership interest in the translated versions of the documentation or content shall be, and is hereby assigned to the University of Liverpool and Elanco Animal Health Inc., as appropriate.

7. Elanco, its licensors (including, without limitation, the University of Liverpool), and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose, or results obtained from the LOAD Questionnaires or materials, nor any updates or changes thereto. Specifically, Elanco, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, correctness, suitability or timeliness of the LOAD Questionnaires or any related content, software, text, graphics, tools, links, or communications provided on or through the use of the LOAD Questionnaires, or Elanco, or on any site or sites “linked” to the LOAD Questionnaires. Elanco makes no warranty that the LOAD Questionnaires will be available, uninterrupted, error free, or free of viruses or other harmful components. Elanco may elect to remove the LOAD Questionnaires and/or associated content and materials, at any time without notice. You are responsible for maintaining your own records regarding any information or data generated from or through the use of the LOAD Questionnaires that you may need to access, and Elanco expressly disclaims responsibility for storing or maintaining such information or data.

8. To the fullest extent permitted by applicable law, in no event shall Elanco, its licensors, its suppliers, or any third parties mentioned on the LOAD Questionnaires or any associated content or materials be liable for any damages (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the LOAD Questionnaires (including content and information you provide) or any failure of performance, error, omission, interruption, effect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to the LOAD Questionnaires or any website operated by any third party, whether based on warranty, contract, tort, or any other legal theory, and whether or not Elanco is advised of the possibility of such damages. If you are dissatisfied with us, the LOAD Questionnaires, any of our services or these T&Cs, your sole and exclusive remedy is to discontinue use of the LOAD Questionnaires and all associated content and information. Any claims arising in connection with your use of the LOAD Questionnaires must be brought within one (1) year of the date of the event giving rise to such action occurred.

9. As a resource, the LOAD Questionnaire(s) and associated content may provide links to other web sites. However, because we do not control the content of the other websites we may link to, and due to their constantly changing nature, we cannot be responsible for the content, practices or standards of third-party sites. Elanco does not endorse the content on any third-party websites. Elanco is not responsible for the content of linked third-party sites, sites framed within the LOAD Questionnaire(s) or associated materials, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use of such sites.

10. All title and copyrights in and to the LOAD Questionnaires (including, but not limited to, any images, photographs, animations, video, audio, music, text), and any copies of the LOAD Questionnaires are owned by Elanco and/or its licensors. The LOAD Questionnaires are protected by copyright laws and international treaty provisions. Therefore, you must treat the LOAD Questionnaires like any other copyrighted material as well as subject to the other restrictions in these T&Cs. The LOAD Questionnaires may display certain copyright notices and licensee information of the LOAD Questionnaires. You agree not to alter, remove, conceal, or otherwise interfere with such messages. Unless otherwise indicated, all logos, names, designs, and marks on the LOAD Questionnaires are trademarks or service marks owned or used under license by Elanco. The use or misuse of any of these marks or other information is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any patent or trademark of Elanco or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any licence or right under any Elanco copyright.

11. The use of the LOAD Questionnaires in accordance with these T&Cs, including clear reference to both the University of Liverpool and Elanco Animal Health Inc., must be acknowledged in any publication, presentation, or other form of communication of the study data/LOAD Questionnaires results. The acknowledgement should be in accordance with publication requirements (e.g., journal requirements) but some appropriate examples of acknowledgement are shown below:

     11.1 “The authors are grateful for permission to use the Liverpool Osteoarthritis in Dogs (LOAD) index, a client reported outcome measure developed and owned by the University of Liverpool and exclusively distributed by Elanco Animal Health, for the evaluation of ’X’ in this study”.

     11.2 “The Liverpool Osteoarthritis in Dogs (LOAD) Index, a client reported outcome measure developed and owned by the University of Liverpool and exclusively distributed by Elanco Animal Health inc., was used to evaluate the dogs in this study”.

12. Elanco may modify these T&Cs at any time without notice to you. Elanco may terminate these T&Cs, terminate your access to all or part of the LOAD Questionnaires, or suspend any user's access to all or part of the LOAD Questionnaires, at any time, without notice to you, if it believes, in its sole discretion, that you have breached or may breach any term or condition of these T&Cs, or for its convenience. Except as expressly provided in the applicable Terms of Use related to your use of an Elanco website, as well as the Privacy Statement, these T&Cs constitutes the entire agreement between you and Elanco with respect to the use of the LOAD Questionnaires.

13. These T&Cs are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the T&Cs.    

14. We may transfer our rights and obligations under these T&Cs to another organisation. You may only transfer your rights or your obligations under these terms to another person with the prior written consent of Elanco.

15. These T&Cs does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

16. Each of the paragraphs of these T&Cs operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Even if we delay in enforcing these T&Cs, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps against you in respect of your breaching these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17. By downloading or using the LOAD Questionnaires, you acknowledge that you have read, understood, and agree to adhere to these T&Cs.