END USER LICENSE AGREEMENT FOR Cytognomix Inc. Software. (Automated splice site and exon definition analyses)
1 Recitals
1.1 This End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and Cytognomix Inc.-Bus. No. 82712 5295 for the software products that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software Product").
1.2 The Software Product also includes any software updates, add-on components, web services and/or supplements that Cytognomix Inc. may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software Product, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, access or use the Software Product.
1.3 A static license to the software product allows the software product to be used locally on one specific computer system. When using a static license only a single instance of the software product can be running at any given time.
1.4 The software product is for research purposes only.
2 SOFTWARE PRODUCT LICENSE
2.1 The Software Product is either covered by US Patent No. 5,867,402 or is patent pending and is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.
2.2 You may install and use one copy of the Software Product on one single computer, device, workstation, terminal, or other digital electronic or analogue device ("Device").
2.3 You are not licensed to do any of the following:
2.3.1 You may not sell, license or distribute copies of the Software Product on a stand-alone basis or as part of any collection, product or service of any kind.
2.3.2 You may not use or distribute any of the Software Product Elements that include representations of logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
2.4 All rights not expressly granted are reserved by Cytognomix Inc.
2.5 It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product.
2.6 You may not modify, translate, reverse engineer, decompile, or disassemble the Software Product
2.7 You may not create derivative work based on the software or any portion thereof.
2.8 The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one Device.
2.9 This EULA does not grant You any rights in connection with any trademarks or service marks of Cytognomix Inc.
2.10 The initial licensee of the Software Product may make a one-time permanent transfer of this EULA and Software Product only directly to an end user. This transfer must include all of the Software Product (including all component parts), any upgrades, and this EULA. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and Software Product. Subscription Products are non-transferable.
2.11 Without prejudice to any other rights, Cytognomix Inc. may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software Product and all of its component parts.
3 UPGRADES
3.1 If the Software Product is labelled as an upgrade, You must be properly licensed to use a product identified by Cytognomix Inc. as being eligible for the upgrade in order to use the Software Product. A Software Product labelled as an upgrade replaces or supplements (and may disable) the product that formed the basis for Your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that You licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one Device.
3.2 When upgrades involve a change of data format, some of Your data may have to be converted to the format used by the new version of the software. It is Your responsibility to follow the instructions given by Cytognomix Inc. in this connection, including backing up of data before the data conversion. Cytognomix Inc. is not responsible for any loss or corruption of data during a data conversion process. Cytognomix Inc. is not responsible for any other inconveniences that the change of data format might have, including any changes in the data-interfaces of Your other applications, that You might want to implement as a consequence of the change of data format.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 Cytognomix Inc. is the owner or Licensee of any animation, video, audio, text, and "applets" incorporated into the Software Product. All title and intellectual property rights in and to the content that is not contained in the Software Product, but may be accessed through use of the Software Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content.
4.2 Cytognomix Inc. presently use the following open source software: FOP, Batik, Lucene and Compass.
4.3 FOP, Batik, Lucene and Compass are licenses under the Apache Batik Public License, Version 2.0, January 2004:The files are licensed under the Apache License, Version 2.0 (the "License"); you may not use the files except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under this License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and limitations under the License.
4.4 After installation of one copy of the Software Product pursuant to this EULA, you may keep the original media on which the Software Product was provided by Cytognomix Inc. solely for backup or archival purposes. If the original media is required to use the Software Product on the Device, you may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.
4.5 Cytognomix Inc presently uses NCBI's system for certain molecular database sources. NCBI's disclaimer and copyright notices are eligible to all users of Cytognomix Inc.'s software. You may obtain a copy on http://eutils.ncbi.nlm.nih.gov/About/disclaimer.html. The subsections below include the text as per June 23, 2005
4.5.1 Copyright Status Government information available from this site is within the public domain. Public domain information on the National Library of Medicine (NLM) Web pages may be freely distributed and copied. However, it is requested that in any subsequent use of this work, NLM be given appropriate acknowledgment. This site also contains resources such as PubMed Central, Bookshelf, OMIM, and PubChem which incorporate material contributed or licensed by individuals, companies, or organizations that may be protected by U.S. and foreign copyright laws. All persons reproducing, redistributing, or making commercial use of this information are expected to adhere to the terms and conditions asserted by the copyright holder. Transmission or reproduction of protected items beyond that allowed by fair use (PDF) as defined in the copyright laws requires the written permission of the copyright owners.
4.5.2 Molecular Database Availability Databases of molecular data on the NCBI Web site include such examples as nucleotide sequences (GenBank), protein sequences, macromolecular structures, molecular variation, gene expression, and mapping data. They are designed to provide and encourage access within the scientific community to sources of current and comprehensive information. Therefore, NCBI itself places no restrictions on the use or distribution of the data contained therein. However, some submitters of the original data may claim patent, copyright, or other intellectual property rights in all or a portion of the data they have submitted. NCBI is not in a position to assess the validity of such claims and, therefore, cannot provide comment or unrestricted permission concerning the use, copying, or distribution of the information contained in the molecular databases.
4.5.3 Cytognomix presently uses Reactome data, which are covered by the Creative Commons Attribution 3.0 Unported Licence. (http://www.reactome.org/?page_id=362). 4.5.4 Disclaimer
Liability: For documents and software available from this server, the U.S. Government does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed.
Endorsement: NCBI does not endorse or recommend any commercial products, processes, or services. The views and opinions of authors expressed on NCBI's Web sites do not necessarily state or reflect those of the U.S. Government, and they may not be used for advertising or product endorsement purposes.
External Links: Some NCBI Web pages may provide links to other Internet sites for the convenience of users. NCBI is not responsible for the availability or content of these external sites, nor does NCBI endorse, warrant, or guarantee the products, services, or information described or offered at these other Internet sites. Users cannot assume that the external sites will abide by the same Privacy Policy to which NCBI adheres.
Pop-Up Advertisements: When visiting our Web site, your Web browser may produce pop-up advertisements. These advertisements were most likely produced by other Web sites you visited or by third party software installed on your computer. The NLM does not endorse or recommend products or services for which you may view a pop-up advertisement on your computer screen while visiting our site.
4.5.5 Medical Information It is not the intention of NLM to provide specific medical advice but rather to provide users with information to better understand their health and their diagnosed disorders. Specific medical advice will not be provided, and NLM urges you to consult with a qualified physician for diagnosis and for answers to your personal questions.
4.5.6 Conditions of Use This site is maintained by the U.S. Government and is protected by various provisions of Title 18 of the U.S. Code. Violations of Title 18 are subject to criminal prosecution in a federal court. For site security purposes, as well as to ensure that this service remains available to all users, we use software programs to monitor traffic and to identify unauthorized attempts to upload or change information or otherwise cause damage. In the event of authorized law enforcement investigations and pursuant to any required legal process, information from these sources may be used to help identify an individual.
5 U.S. GOVERNMENT LICENSE RIGHTS
5.1 All Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
6 EXPORT RESTRICTIONS
6.1 You acknowledge that the Software Product is of Canadian origin. You agree to comply with all applicable international and national laws that apply to the Software Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
7 APPLICABLE LAW.
7.1 Canadian law and venue shall apply. Ontario shall be the agreed venue in first instance.
8 LIMITED WARRANTY
8.1 Cytognomix Inc. warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
8.2 If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
8.3 Any supplements or updates to the SOFTWARE PRODUCT provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
8.4 Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Cytognomix Inc., YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the SOFTWARE PRODUCT does not meet Cytognomix Inc.'s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms regarding Exclusion of Incidental, Consequential and Certain Other Damages below are also incorporated into this Limited Warranty.
8.5 Cytognomix Inc.'s and its suppliers' entire liability and your exclusive remedy shall be, at Cytognomix Inc.'s option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software Product, or (b) repair or replacement of the Software Product, that does not meet this Limited Warranty and that is returned to Cytognomix Inc. with a copy of your receipt. You will receive the remedy elected by Cytognomix Inc. without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Product to Cytognomix Inc.). This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software Product will be warranted for the remaining part of the original warranty period or thirty (30) days, whichever is longer.
9 DISCLAIMER OF WARRANTIES
9.1 THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYTOGNOMIX INC. AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT.
9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYTOGNOMIX INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, WRONGFUL SEARCH RESULTS ON DATABASES, FOR LOSS RELATED TO HACKING AND WRONGFUL COMMUNICATION, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CYTOGNOMIX INC. OR ANY SUPPLIER, AND EVEN IF CYTOGNOMIX INC. OR ANY SUPPLIER HAS BEEN SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 IN NO EVENT SHALL CYTOGNOMIX INC. BE LIABLE OR RESPONSIBLE FOR LACK OF FUNCTIONALITY OR REDUCED PERFORMANCE OF EXTERNAL DATABASES LIKE NCBI, SWISSPROT AND UNIPROT, USED BY THE SOFTWARE PRODUCT. IN NO EVENT SHALL CYTOGNOMIX INC. BE LIABLE TO DAMAGES OF ANY KIND OR INCONVENIENCIES OCCURRED TO ANYONE DUE TO CHANGES IN DATA FORMATS OR COMMUNICATION PROTOCOLS OF THESE DATABASES. SUCH CHANGES AND THE CONSEQUENCES OF SUCH CHANGES IS SOLELY THE RESPONSIBILITY OF THE DATABASE PROVIDERS IN QUESTION.
10 LIMITATION OF LIABILITY AND REMEDIES
10.1 NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF CYTOGNOMIX INC. AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY CYTOGNOMIX INC. WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.