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Terms of Service

Academic and Not-For-Profit End User License Agreement

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE USING PRISM (AS DEFINED BELOW).

This END USER LICENSE AGREEMENT (“EULA”) for Academic or Not-for-Profit end users (“ANPEU”) is a legally binding contract between you, an ANPEU, and Adapsyn. In this EULA, an ANPEU means a person undertaking research activities in an academic institution, government research laboratory, or not-for-profit organization (“Institution”) where neither the person nor the Institution is engaged with a commercial entity in any manner, including undertaking research and development on behalf of a commercial organization—such as through a sponsored research agreement—related to the subject matter of this EULA. You and Adapsyn may be individually referred to in this EULA as a “Party” and collectively as “Parties.”

Adapsyn has developed a proprietary algorithm that identifies biosynthetic gene clusters from genetic information and subsequently predicts their resulting potential chemical structures (“PRISM”). Any mentions of PRISM in this document pertain to PRISM versions 3 and above. Adapsyn is making PRISM available for no cost for use by ANPEUs for scientific research purposes.

THE FOLLOWING TERMS WILL GOVERN YOUR USE OF PRISM.

  1. GRANT AND SCOPE OF LICENSE
    1. Permitted uses. Adapsyn grants you a non-exclusive, revocable, non-transferable, and limited right to use PRISM for academic, governmental, or non-for-profit scientific research (“Scope of License”).
    2. Prohibited uses. You may only use PRISM within the Scope of License as described in Section 1.1 above. For clarity, you may not:
      1. at any time, directly or indirectly, dispute or contest Adapsyn's ownership in PRISM;
      2. transfer or assign any of your rights or obligations under this EULA to any third party without the prior written consent of Adapsyn;
      3. disclose, provide, or to otherwise make PRISM or access thereto available in full or in part and in any form to any third party or natural or legal person (“Person”);
      4. use PRISM or data generated therefrom for any non-academic purposes or non-academic applications of any kind;
      5. copy, translate or modify PRISM or any other copyrighted work or confidential information provided by Adapsyn in relation to PRISM;
      6. grant third-parties access or rights to current or previous versions of PRISM;
      7. use, advertise, promote, market, or refer to PRISM in any manner likely to negate, impair, dilute, or adversely affect the reputation of or any of the rights of Adapsyn as owner of PRISM;
      8. reproduce, make, have made, use, import, export, or sell any product or service derived from the use of PRISM without express written permission from Adapsyn under separate license;
      9. in whole or in part, whether modified or unmodified, incorporate PRISM or results generated thereby into other programs;
      10. sublicense PRISM to any third-parties; and
      11. work around, reverse engineer, decompile, disassemble PRISM; publish for others to copy, rent, lease, lend, or host PRISM to or for third-parties for any reason.
  2. OWNERSHIP
    Without prejudice to the permitted uses granted to you in Section 1.1 above, Adapsyn has the exclusive ownership rights in all copies of PRISM, in full or in part, including the copy hosted on grid.adapsyn.com/prism, as well as the right to distribute, sub-license, display, and make derivative works of PRISM, as first made available on the 13th of March, 2019, or in any other form. All aspects and parts of PRISM are the property of Adapsyn and nothing in this EULA shall serve to, or should be construed to transfer, any ownership rights whatsoever in PRISM to you.
  3. UPLOADED GENETIC INFORMATION
    Adapsyn shall have a perpetual, irrevocable, royalty-free license to use any genetic information you upload into PRISM to train the algorithm, and for any other purposes. Adapsyn will not publish or otherwise make publicly available any uploaded genetic information or resulting analysis unless required by law.
  4. UPGRADES
    Adapsyn may, at its discretion, upgrade PRISM. The terms of this EULA will govern any future upgrades or updates to PRISM that Adapsyn may provide, unless such updates or upgrades are accompanied by separate license.
  5. PUBLICATIONS
    You have the right to publish experimental data or results generated through your use of PRISM in scientific manuscripts and conference abstracts, posters, or presentations (“Publication Events”). You shall acknowledge your use of PRISM as the source of such data or results in all Publication Events by citing the following publication:
    Nucleic Acids Res. 2017 Jul 3;45(W1):W49-W54. doi: 10.1093/nar/gkx320.
    (Adapsyn is the exclusive owner of the intellectual property contained therein and associated therewith).
  6. PROTECTION OF PRISM
    1. Confidentiality. You acknowledge that PRISM is protected by patent and copyright law, it is proprietary information of Adapsyn, and is hereby explicitly identified as confidential information of Adaspyn. You agree to treat all confidential information with at least the same degree of care with which you treat your own confidential information and in no event with less than a reasonable degree of care. You shall take precautionary measures to prevent third parties from taking possession of, gaining access to, or using PRISM in whole or in part, directly or indirectly. Third parties may include any other ANPEU, companies, or organizations known to or collaborating with you in any capacity, including in matters not related to the subject matter of this EULA.
    2. Remedies For Breach Of Confidential Information. You acknowledge and agree that the confidentiality provisions of this EULA are necessary to protect the trade, commercial, and financial interests of Adapsyn and that the unauthorized disclosure or use of any confidential information contrary to this EULA by you, your trainees, staff, or collaborators (“Representatives”) and your failure or your Representatives' failure to comply with the terms and conditions of this EULA will give rise to irreparable harm and significant injury to Adapsyn that is inadequately compensable in monetary damages. Accordingly, Adapsyn may, in addition to any other remedy available at law, enforce the performance of this EULA by injunction or specific performance upon application to a court of competent jurisdiction without proof of actual damages and without posting a bond or other security, notwithstanding that damages may be readily quantifiable. You agree not to plead sufficiency of damages as a defence in any proceeding.
  7. DISCLAIMER
    ADAPSYN LICENSES, AND YOU ACCEPT TO USE PRISM UNDER THE TERMS OF THIS EULA "AS IS." ADAPSYN PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF PRISM, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF PRISM RESTS WITH YOU. ADAPSYN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PERFORMED BY PRISM WILL MEET YOUR REQUIREMENTS OR THAT PRISM WILL FUNCTION ERROR FREE.
  8. INDEMNIFICATION AND WARRANTIES
    1. Indemnification. You agree to indemnify Adapsyn and hold it, its directors, officers, employees, consultants and advisors, harmless from and against any and all claims, threats, loss, liabilities, damages, fees, or expenses, including costs, and attorney's fees and expenses, (individually “Claim” or collectively “Claims”) arising out of or relating to your breach of this EULA and the acts or omissions of your directors, officers, employees, consultants, trainees, and advisors in connection with the duties under this EULA. In addition, you agree to reimburse Adapsyn for any and all costs, attorney's fees and expenses incurred by Adapsyn in enforcing the provisions of this EULA, whether by prosecution of a lawsuit or otherwise. You shall not be required to indemnify Adapsyn, to the extent allowed by law, where such Claim is caused by the gross negligence or willful misconduct of Adapsyn.
    2. Infringement. Adapsyn represents that, to the best of its knowledge, PRISM does not infringe any intellectual property rights of any third party. You will notify Adapsyn promptly upon becoming aware of any claim or assertion by a third-party to the contrary.
  9. LIMITATION OF LIABILITY
    IN NO EVENT SHALL ADAPSYN OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR ADVISORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR EXPENSES OF ANY TYPE (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, OR ACCESS INTERRUPTION) ARISING OUT OF THIS EULA OR YOUR USE OR INABILITY TO USE PRISM—WHETHER SUCH DAMAGES OR EXPENSES ARISE OUT OF BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH), OR TORT OR ON ANY OTHER STATUTORY OR COMMON LAW BASIS—EVEN IF ADAPSYN OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR ADVISORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADAPSYN SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL HARM CAUSED BY PRISM DEFECTS AND/OR CLAIMS RAISED BY THIRD PARTIES. ADAPSYN'S LIABILITY UNDER THIS EULA SHALL BE RESTRICTED TO DAMAGES CAUSED INTENTIONALLY BY ADAPSYN OR BY ADAPSYN'S GROSS NEGLIGENCE. IN NO EVENT SHALL ADAPSYN'S TOTAL LIABILITY FOR ALL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS EULA EXCEED THE TOTAL AMOUNT OF FIFTY ($50.00) CANADIAN DOLLARS.
  10. ACCESS, TERM, AND TERMINATION
    1. Access. You shall receive access to PRISM on the Adapsyn webserver after you complete your profile. The profile submission requires your Institution name, and internet protocol (IP) address to authenticate you as an ANPEU; and your name, and your email address. By creating a profile to access PRISM, you represent and warrant that that you are now, and will remain an ANPEU member for as long as you access PRISM and you warrant that you will not use PRISM for the benefit of any other Person.
    2. Term and Termination. This EULA is effective as of the activation date of your profile, as described in Section 9.1 above, until terminated. Adapsyn may terminate this EULA with or without cause and without notice. Upon termination of this EULA your access to PRISM will cease immediately. Sections 1, 2, 3, 6, 7, 8.1, 9, 10.2, and 11 shall survive termination of this EULA.
  11. GENERAL PROVISIONS
    1. Non-Assignment. You may not assign, delegate or otherwise transfer any of your rights and obligations under this EULA, either by operation of law or otherwise, without the prior written consent of Adapsyn, which consent shall not be unreasonably withheld.
    2. Relationship Of The Parties. The Parties are independent contractors under this EULA and this EULA does not and shall not be construed to create a partnership or joint venture, agency or employment relationship between you and Adapsyn. Neither Party has the right or authority to create any obligations son behalf of the other Party.
    3. No Waiver. No waiver of any provision of this EULA shall be effective unless in writing and signed by an authorized representative of the Party against whom the waiver is sought to be enforced. No failure or delay by either Party in exercising any right under this EULA shall constitute a waiver of that right.
    4. Cumulative Remedies. Other than as expressly stated in this EULA, the remedies provided herein are in addition to, and without prejudice to, any other remedies of a Party at law or in equity.
    5. Severability. If any provision of this EULA is held by a court of competent jurisdiction to be void or unenforceable, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this EULA shall remain in full force and effect.
    6. Governing Law & Attornment. This EULA shall be governed by and be interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and treated in all respects as an Ontario contract. Each Party to this EULA hereby irrevocably and unconditionally attorns and submits to the exclusive jurisdiction of the Superior Court of Justice in Toronto and any relevant appellate courts in any action or proceeding arising out of or relating to this EULA.
    7. Entire Agreement. This EULA, including all the documents referenced herein and the schedules and exhibits hereto constitute the complete and final agreement between the Parties as to its subject matter, and supersedes all previous and contemporaneous negotiations, discussions, proposals, agreements, or representations, written or oral, concerning the subject matter of this EULA. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this EULA except as expressly stated herein. No amendment to this EULA shall be effective unless in writing and executed by authorized representatives of both Parties.

LAST UPDATED: 19 Mar 2019

BY USING PRISM YOU CERTIFY THAT YOU ARE AN ACADEMIC OR NOT-FOR-PROFIT END USER (AS DEFINED BELOW) AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA, AS THESE MAY BE UPDATED FROM TIME TO TIME.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE PRISM AND WHEN PRESENTED WITH THE OPTION TO “AGREE” OR “DECLINE” THE TERMS OF THIS EULA, CLICK “DECLINE”.