PEAKS Online

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Terms of Service	PEAKS Online Terms of Service THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE. IMPORTANT NOTICE TO YOU These Terms and Conditions of Use (the "Terms and Conditions") govern your use of the PEAKS Online web site, including without limitation use of all underlying software, all content, data, images, information and other materials posted on or available through this web site (collectively, "PEAKS Online" or the "Site"). These Terms and Conditions are in addition to any other agreement you may have with BSI, including any agreement governing your use or your organization's use of BSI' products or services. Bioinformatics Solutions Inc. (referred to as "BSI", "we", "us" or "our" herein) hereby grants you a nonexclusive license to use the Site solely for your personal, non-commercial use (e.g. life science research, evaluating and obtaining information about PEAKS Online). As a condition of your use of this Site, you warrant to BSI that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not reverse engineer, deconstruct, disassemble, decompile or create derivative works based on PEAKS Online or any software or technology underlying the Site or provided through the Site. If you breach any of these Terms and Conditions, your authorization to use this Site shall automatically terminate. The contents of the Site may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of BSI, except that you may download data analysis results from the Site to single computer, provided you keep intact all copyright, trademark, and other proprietary notices and comply with any applicable end user license agreements. Except as provided in these Terms and Conditions, any use of these materials on any other Web site for any purpose is prohibited. Ownership The PEAKS Online software is a proprietary product of BSI and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. BSI shall at all times own all right, title and interest in and to the Software, including all intellectual property rights therein. You shall not remove any copyright notice or other proprietary or restrictive notice or legend contained or included in the Software. Any link to this Site must clearly identify BSI as the owner of this Site. BSI reserves the right to redirect any links to the Site to any page it chooses. Submission of data and use of results You may not use any software, robot or any web form for submission of data (including, but not limited to Mass Spectrometry data files, sequence databases, enzyme and post translational modification definitions) to PEAKS Online, except those web forms and software provided by BSI. You may not use PEAKS Online or results from PEAKS Online within a commercial or for-profit software application, or otherwise charge for access to or use of any such results or content from the Site, without BSI's prior written permission. You may publish the results of your queries to PEAKS Online in connection with a normal, peer-reviewed, scientific publication or presentation, or the like, of the results of your life-science research experiments. You must acknowledge your use of the Analysis Center in any such publication or presentation according to academic tradition. You may also post the results of your queries to, or downloads from, the PEAKS Online in connection with posting the results of your life-science research experiments on a non-commercial, not-for-profit Web site. You may not post any results or downloads from the Analysis Center or any other content from the Site on a commercial or for-profit Web site. Trademarks BSI logos, look and feel, branding, catchphrases trademarks and service marks may not be used in connection with any product or service that is not BSI's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BSI. Our Use of Your Data and Communications BSI will maintain security procedures, with respect to its access and maintenance of the Data (including protein or nucleic acid sequences and mass spectrometry data) you submit in queries to PEAKS Online, which provide reasonably appropriate technical and organizational safeguards against unauthorized disclosure or access consistent with the following. By using the Site, you authorize and hereby grant BSI a limited, non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Data solely for the purposes of processing your requests and transactions, maintaining and improving the Site, but not for exploiting your Biological Data for other commercial purposes unless otherwise provided in a separate written agreement you may have with BSI. YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND BSI DOES NOT AND CANNOT GUARANTEE THAT DATA OR OTHER INFORMATION CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. IN PARTICULAR, THE SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING DATA, OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT BSI DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE SITE AND/OR YOUR BIOLOGICAL DATA AND/OR OTHER INFORMATION, COMPUTERS, AND/OR NETWORKS. BSI SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS. Acceptable Use You must not transmit any data or material on or through the Site that (a) restricts any other user's enjoyment of the Site, (b) constitutes or encourages criminal conduct, gives rise to civil liability, or otherwise violates any law, (c) violates or infringes the rights of any third party including, without limitation, patent, copyright, trademark, privacy or any other proprietary right, or (d) contains a virus or other harmful component. BSI reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, government request, court order, subpoena or other legal process, or to edit or remove any information, in whole or in part, that in BSI' sole discretion is objectionable, disruptive to the Site or in violation of these Terms and Conditions. Registration Registration is required for you to access PEAKS Online. If you complete the registration form, then you represent that the information on your registration form is complete and accurate, and that you will promptly contact BSI to update this information if it changes. When registering, you must select a user ID and password. You are solely responsible for keeping your password confidential, and for all use of the Site with your password. You must immediately notify BSI of any known or suspected unauthorized use of your password. Accuracy and Integrity of Results Although BSI attempts to ensure the integrity and accuracy of results provided by PEAKS Online, BSI makes no guarantees or warrantees whatsoever as to their correctness or accuracy. In the event that an inaccuracy arises, please inform BSI so that it can be corrected. No Warranty THE SITE, ANALYSIS CENTER, AND ALL INFORMATION AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE". BSI DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE. BSI DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, BSI DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY SEQUENCE DATA, ANNOTATION, DESCRIPTION, IDENTIFICATION OR OTHER INFORMATION DISPLAYED, DISTRIBUTED, HYPERLINKED OR OTHERWISE REFERRED TO THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BSI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability IN NO EVENT WILL BSI OR ITS SUPPLIERS BE LIABLE TO ANY USER OF THE SITE FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION), EVEN IF BSI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM, OR IT IS FORESEEABLE. THE LIMITATIONS OF THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM. Indemnification You agree to indemnify and defend BSI from any claim (including attorneys fees and costs) arising from your (a) use of the Site, (b) violation of any third party right, or (c) breach of any of these Terms and Conditions. You agree to cooperate as fully as reasonably required in the defense of any claim. BSI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of BSI. General These Terms and Conditions constitute the entire agreement between BSI and you pertaining to the subject matter hereof. We may, in our sole discretion, revise these Terms and Conditions from time-to-time. You should periodically visit this page to review the current Terms and Conditions, so you are aware of any revisions to which you are bound. By clicking on 'I accept' below you are agreeing to the Terms of Service above