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").
1.3 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 licensed for research purposes only.
1.5 Access to The Software Product is by online paid subscription for define periods. Subscription expiry dates may be extended in the event of a service outage beyond the control of Cytognomix Inc., however refunds will not be offered.
1.6 Terms are subject to change and Cytognomix Inc. will provide advanced notice of changes to the service that affect users to the extent possible. Rate changes will be communicated to Subscribers in a timely manner by Cytognomix. Modified rates will be applied to new users, users with lapsed subscriptions, or at the time of renewal of subscriptions.
1.7 This service cannot be cancelled once payment is received. Short term subscriptions are available for this service.
2 SOFTWARE PRODUCT LICENSE
2.1 The Software Product is either covered by US Patent No. 5,867,402 or other pending patents, 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 The end user is responsible for reasonable online behavior and conduct when operating this Software Product. Inappropriate or irresponsible behavior that violates the Terms of this Agreeement or impacts the activities of other Subscribers or Cytognomix personnel may result in additional restrictions and/or limitations by Cytognomix Inc. in the use of this Software Product beyond customary privileges accorded to other users.
2.12 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 TERMS SPECIFIC TO ILLUMINA BASESPACE USERS
3.1 Files can be transferred directly from your BaseSpace account. Please note files imported to MutationForecaster are limited to a size of 15Gb.
3.2 The MutationForecaster app can be launched without specifying any files. In this case, files can be uploaded directly to MutationForecaster or some tools such as ASSEDA are executed without any need for files.
3.3 When associating a BaseSpace project while launching MutationForecaster, an "analysis" will be created within the project which will finish when you logout of MutationForecaster.
3.4 After your BaseSpace subscription ends, no new analyses are permitted, however ongoing analyses will be completed. If an analysis is completed after the subscription ends and these results are desired, then resubscription is necessary to gain access to these results. If subscription lapses, there is no guarantee that results will be preserved, however they are generally available for 30 days after they are generated.
3.5 Problems associated with your data analysis require that you contact us for assistance, prior to requesting a refund. Refunds will not be offered to previous users of ASSEDA or our other products or if significant activity has occurred on the account. Refunds will be offered to those users who have mistakenly purchased the app, or if their files are unable to be examined on MutationForecaster.
3.6 The MutationForecaster app collects and records the name and e-mail address of BaseSpace users. This information is used solely for login and validation purposes.
3.7 Cytognomix offers its own portal for longer term subscriptions to MutationForecaster than the subscription available on BaseSpace. Users accessing the MutationForecaster app through BaseSpace will not be contacted by Cytognomix for marketing purposes. This information will not be disseminated to any third parties aside from Illumina. If a BaseSpace user subsequently registers on Cytognomix's portal to MutationForecaster and is no longer a user on MutationForecaster's BaseSpace app, then Cytognomix has the right to contact the user directly.
3.8 Illumina and its affiliates are third party beneficiaries if a user purchases access to the MutationForecaster App through BaseSpace.
4.1 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.
4.2 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.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 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,patents, pending patent applications, or other intellectual property laws and treaties. This EULA grants You no rights to use such content.
5.1.1 Cytognomix Inc. does not claim or own user supplied data. At the disgression of the User, Cytognomix agrees to maintain certain User supplied data in its databases, separated from the data provided by other users for the duration of the subscription period. Users may download results from the analyses performed by the Software Product, delete these results from Cytognomix's servers, or leave them on these servers.