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GeneProf -- Terms & Conditions and Academic License

Some important points about the use of GeneProf:

The GeneProf web-services are offered free of charge to academic researchers. Naturally, our computing resources are limited and we'd thus like to ask frequent users (such as service labs) to get in touch with us to discuss further options.
We do not accept any liability for loss, damage or theft of your data (uploaded or otherwise stored in the system).
We furthermore cannot warrant the correctness the of any of the outputs of the system or accept any liability for conclusions derived from analyses or data provided in or produced with the application.
We reserve the right to withdraw the services offered or to make changes to these terms and conditions at any time and without prior notice. We may also ban individual users from the system, if their behaviour is, in any way, deemed inappropriate.
We will never look into your private data and experiments unless specifically requested (say, in case, of a technical problem).
Intellectual property of data uploaded to the system remains with the uploading user. So do all associated responsibilities.
If you upload data to the system (in particular, if you make this data public later on), you have to make sure that you satisfy all legal requirements to do so, e.g. that you adhere to any copyright restrictions that might apply to the files.
Certain information about registered users will be available to other visitors of the web site. You can control -- too a certain degree -- how much information is shared by modifying your user profile.
You may not use GeneProf or any part of the software and services offered commercial purposes, for profit or to offer chargeable services of any sort without prior consent of the authors.
If you upload illegal, offensive or otherwise inappropriate content, voluntarily try to break the system or gain access to restricted data, we will (a) remove such content without prior notice, (b) ban offending users from the system and we might (c) take further legal action.

Addendum: Cookies & Privacy

GeneProf values your privacy! In order to ensure a good user experience, it is necessary to store and collect information about your and your device automatically via the GeneProf website. Please visit this page to find out more about our cookies and privacy policy.

Academic License:

The University of Edinburgh

Terms and Conditions (Academic Non-Commercial)

GeneProf

PLEASE READ THESE TERMS AND CONDITIONS (ACADEMIC NON-COMMERCIAL) CAREFULLY.

THE UNIVERSITY COURT OF THE UNIVERSITY OF EDINBURGH's Centre for Regenerative Medicine ("EDINBURGH") has developed the GeneProf software to enable biological analysis of high throughput sequencing data from DNA and RNA sequencing experiments ("SOFTWARE"). Edinburgh is willing to make the SOFTWARE and related documentation available on a subscription basis to enable users to analyse their data internally within their own institution ("SERVICE").

THESE TERMS AND CONDITIONS OF USE DESCRIBE THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THE SERVICE. BY CLICKING ON THE 'ACCEPT' BUTTON, YOU (THE "USER") ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS, EDINBURGH WILL NOT MAKE AVAILABLE THE SERVICE AND YOU SHOULD CLICK ON THE 'REJECT' BUTTON TO EXIT THIS SERVICE.

IN ORDER TO COMPLETE THIS PROCESS, WE REQUEST THAT YOU PROVIDE US WITH CERTAIN PERSONAL INFORMATION. THE PERSONAL INFORMATION COLLECTED WILL ONLY BE USED BY EDINBURGH FOR ADMINISTRATIVE PURPOSES. IT WILL NOT BE PASSED ON TO OTHERS WITHOUT YOUR CONSENT.

This Agreement is made on the date on which the User clicks on the 'ACCEPT' button between

the active user of the GeneProf website (http://www.geneprof.org)

('the User')

and EDINBURGH.

License Conditions:

Ownership
1. Edinburgh owns all copyright, database right and all other intellectual property rights in and to the SOFTWARE, which is confidential and proprietary to Edinburgh.
2. The User will adopt any security measures needed to protect Edinburgh's copyright, database right and other intellectual property rights in SOFTWARE and will take all reasonable steps to ensure that no unauthorised use is made of SERVICE and SOFTWARE.
User Subscriptions
1. Subject to these Terms and Conditions, Edinburgh grants to the User a limited non-exclusive, non-transferable, world-wide, royalty-free licence to use the SOFTWARE for the Term, without the right to sub-licence, on computers within the possession or control of the User.
2. The User undertakes to use SERVICE only for internal, non-commercial, non-profit educational and research purposes only.
3. The User will keep a secure password for use of the SERVICE, to be changed no less frequently than MONTHLY and kept confidential by the User.
4. The User shall not access, store, distribute or transmit any viruses, or any material during the course of its use of the SERVICE that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, and Edinburgh reserves the right, without liability to the User, to disable the User's access to any material that breaches the provisions of this clause.
Third Party Software Licences
1. The User acknowledges that the SOFTWARE utilises certain third party software libraries as detailed in the Appendix. It is the responsibility of the User to investigate and obtain the necessary rights to use these software.
Service and Service Restrictions
1. Edinburgh will make available the SERVICE to the User free of charge for the Term.
2. The User may allow access to the SERVICE to only to those of its employees who have a need to know and access the SERVICE provided that (i) such employee's use of SERVICE takes place exclusively on computers controlled by the User and (ii) the User has appropriate written agreements with such employees to enable the User to comply with these Terms and Conditions.
3. The User may not translate, reverse engineer, decompile, disassemble, enhance, modify, expand nor create derivative works of the SOFTWARE and may not merge or incorporate in whole or in part the SOFTWARE into third party owned computer code, or allow it to be included in any other software without the prior written consent of Edinburgh.
4. Upon obtaining the prior consent of Edinburgh, the User may create distinct pieces of computer code through its use of the SERVICE ("New Software"). Subject to the terms and conditions of the Bioworkstation, the User is the owner and proprietor of copyright and all other intellectual property rights in and to the New Software and the New Software may be made available via the SERVICE upon prior agreement with Edinburgh.
5. The User may not rent, lease, sublicense, sell, assign, pledge, transfer or otherwise dispose of the SERVICE or the SOFTWARE, on a temporary or permanent basis, without the prior written consent of Edinburgh and subject to any conditions imposed by Edinburgh.
6. The User may not use the SERVICE to provide services to third parties or access all or any part of the SERVICE in order to build a product or service which competes with the SERVICE.
7. The User shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the SERVICE and in the event of any such unauthorised access or use, promptly notify Edinburgh.
User Data and Data Usage
1. The User shall own all rights, title and interest in and to all of its own data (the "User Data") and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the User Data.
2. The data storage limit for the SERVICE is set out here: http://www.geneprof.org/quota_info.jsp. Edinburgh reserves the right to amend this data storage limit at any time, and should the User exceed this limit, Edinburgh may charge the User for continued use of the SERVICE or terminate its provision of the SERVICE.
3. By proceeding to use the SERVICE you consent that Edinburgh may process User Data (including personal data and sensitive personal data) that we collect from you for the purposes of maintenance of the SERVICE and fault correction.
Term
1. The AGREEMENT shall be for an initial period of Six Months (the "Term") from the date the User accepts the Terms and Conditions unless terminated in accordance with these Terms and Conditions.
2. These Terms and Conditions may be terminated by Edinburgh at any time by notice in writing to the User if the User fails to comply with any material term or condition of this licence provided that the User has not cured the failure to comply in all material respects within 14 days of the date of the User's receipt of such notice.
3. The User agrees upon expiry or termination of these Terms and Conditions to cease use immediately of the SERVICE and to destroy forthwith its copy of SOFTWARE together with all copies in any form. Such termination shall be without prejudice to any claim which Edinburgh may have for damages and/or otherwise.
Disclaimer of Warranty and Limitation of Liability
1. EDINBURGH GIVES NO WARRANTY TO THE USER THAT THE USER'S USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE SERVICE AND/OR THE INFORMATION OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET THE USER'S REQUIREMENTS, NOR THAT THE SOFTWARE IS FREE FROM DEFECTS OR FAULTS. EDINBURGH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM THE TRANSFER OF DATA OVER COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, AND THE USER ACKNOWLEDGES THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. SERVICE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. EDINBURGH MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE SERVICE OR THE SOFTWARE FOR ANY PURPOSE.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EDINBURGH AND / OR ITS EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL LOSS AND / OR DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; FAILURE TO MAKE ANTICIPATED SAVINGS; COSTS OF WASTED TIME; COSTS OF MISSED BUSINESS OPPORTUNITIES; GOODWILL; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR DELICT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF, OR INABILITY TO USE, THIS SERVICE, EVEN IF SUCH WAS REASONABLY FORESEEABLE OR IF EDINBURGH AND / OR ITS EMPLOYEES WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS AND / OR DAMAGE. EDINBURGH DOES NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF EDINBURGH OR ITS EMPLOYEES.
3. THE USER ASSUMES SOLE RESPONSIBILITY FOR RESULTS OBTAINED FROM ITS USE OF THE SERVICE AND FOR CONCLUSIONS DRAWN FROM SUCH USE. EDINBURGH SHALL HAVE NO LIABILITY FOR ANY DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION, INSTRUCTIONS OR SCRIPTS PROVIDED TO EDINBURGH BY THE USER IN CONNECTION WITH THE SERVICE OR ANY ACTIONS TAKEN BY EDINBURGH AT THE USER'S DIRECTION.
General
1. Failure by Edinburgh to exercise or enforce any rights under these Terms and Conditions shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time or times thereafter.
2. Edinburgh is not obliged to provide any maintenance, fault correction, patches, technical support or updates to the User for the SERVICE.
3. If the User publishes any papers the content of which has in any way involved or benefited from the use of SERVICE, then the User must include in such publication a written acknowledgement that SERVICE was used, that SOFTWARE is the property of the University of Edinburgh and that SOFTWARE was used under licence from Edinburgh.
4. The User agrees to indemnify and keep indemnified at all times Edinburgh on demand against any liability, loss or damage incurred by Edinburgh which arises directly or indirectly out of any breach of any of the undertakings or obligations on the part of the User contained in this Agreement or in respect of the use of the SERVICE by the User howsoever arising (save for such liability, loss or damages directly and solely caused by the wilful negligence of Edinburgh).
5. If any part of the conditions or exclusions contained in these terms and conditions is held to be void or unenforceable, such part shall be deemed to be deleted from these terms and conditions and the remainder of the provision in question shall continue in full force and effect.
6. Edinburgh may modify the SOFTWARE or the SERVICE or the Terms and Conditions at any time. By continuing use of the SERVICE after such changes are made the User will be accepting such changes.
7. These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby prorogate the exclusive jurisdiction of the courts in Scotland.

Appendix:

GeneProf uses libraries, code and programs (as set out below, in no particular order) to run the SOFTWARE, whereby such libraries, code and programs are available on a freely available open source licence.

Products, Software Libraries and Packages	Licence(s)
Apache Commons Libraries	Apache License 2.0
Apache Axis	Apache License 2.0
Apache Xerces	Apache License 2.0
Adobe Spry	BSD-style License
BioJava (selected libraries)	LGPL2.1
DHTMLGoodies Modal Message	LGPL 2.1, MIT X11-style License
FamFamFam Icons	Creative Commons 3.0
Google Snappy	New BSD-License
GNU Trove	CERN License, LGPL 2.1
JDOM	Custom License
Java Secure Channel	BSD-style License
JExcelApi	LGPL 2.1
JavaMail API	Custom License
jQuery / jQuery UI	MIT License
jPicker	MIT License
jQuery form plugin	MIT License
jQuery mask plugin	MIT License
jQuery scrollTo plugin	MIT License
jsplumb	MIT License
Legion of Bouncy Castle	Mod. MIT X11 License
Ning Compress	Apache License
OpenJacob Draw2d	LGPL 2.1
Picard / SAMTools	Apache License 2.0 , MIT License
recaptcha4j	Apache License 2.0
ROME	Apache License
Simple AJAX Code-Kit (SACK)	MIT X11-style License
SLF4J	MIT License
Swfupload	MIT License
snap2objects	Creative Commons 3.0
sprintf for JS	BSD-style License
XPP3	Indiana University Extreme! Lab Software License
Xstream	BSD-style License
Zehon File Transfer	BSD-style License

In addition, the SOFTWARE and the SERVICE utilise further external programs which are not themselves part of the program code. Please refer to the online manual for references.

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