DATA ACCESS AGREEMENT

DEFINITIONS

  1. Academic User or User means a user of the Service:

    1. who is employed by, or a student enrolled at, or a scientist legitimately affiliated with an academic, non-profit or government institution; and

    2. whose use of the Service is on behalf of and in the interest of such academic, non-profit or government institution and is not on behalf of a commercial entity.

  2. VIB means Flanders Institute for Biotechnology.

  3. VIB Data means the DNA sequence information, VIB’s annotations thereof (or any portion thereof), info on 2D gels, AA sequence information and analysis contained within the VIB Publication Site.

  4. Institution means an academic, non-profit or government institution, at which the Academic User is employed, affiliated or enrolled.

  5. VIB Publication Site means the software and delivery system (or any portion thereof) used to provide VIB Data to the Users via the Internet or other electronic medium.

  6. Service means access and/or use of the VIB Data through the VIB Publication Site.


          If you do NOT qualify as an Academic User. Please fill in the licence agreement form and return it to 

          Barbara Leyman
          Licensing Manager
          Flanders Institute for Biotechnology (VIB)
          Rijvisschestraat 120
          9052 Zwijnaarde, Belgium
          tel: + 32 (0)9 2446611
          fax: + 32 (0)9 2446610
          e-mail: emil.pot@vib.be

TERMS AND CONDITIONS

1. Use of Service.

If you qualify as an Academic User, VIB grants you a royalty-free, non-exclusive and non-transferable limited license (with no right to sub-license) to the Service for your non-commercial research use only. In exchange for this license to the Service you agree to the following:

Regarding your use of the Service, you agree to:

  1. Access and use this Service only if you qualify as an Academic User;

  2. Discontinue use if at any time you fail to qualify as an Academic User;

  3. Access and use this Service for non-commercial research purposes only, e.g. only to carry out research and development within the license grant and not to access or use the Service on a fee for service or service bureau basis or for the purpose of upgrading or updating (including re-ordering or re-orienting) sequence in any publicly available database;

  4. At all times, comply with all applicable laws, rules and regulations with respect to your use of this Service.

    5. Regarding your use of the Service, you agree not to:

  5. Reproduce, redistribute, re-package, adapt or prepare derivative works of VIB Data or the VIB Publication Site to or for any third party, in any form whatsoever, for any purpose (except as authorized for publication as specified below, or approved in writing by VIB);

  6. Use or access the Service (a) directly on the behalf of any commercial entity or (b) upon the direct or indirect request or inquiry of any commercial entity;

  1. Publication

    2.

    a) You may publish your individual scientific results from using the Service in scientific journals or an academic thesis, provided, you agree to site the latest paper.

  2. Warranty, Liability and Indemnity

    3.

    1. The Service is provided on an "as is," "as available" basis without warranties of any kind either express or implied. To the fullest extent possible pursuant to the applicable law, VIB disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, title and non-infringement or other violation of rights. VIB does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the information and materials on the Service or any sites linked to the service.

    2. Under no circumstances, including, but not limited to, negligence, shall VIB or its suppliers be liable for any direct, indirect, special, incidental or consequential damages, or any other damages of any kind, including, but not limited to, loss of data or loss of profits arising out of the use, or the inability to use, the site or the materials contained herein or accessed through, the Service, even if VIB or a VIB authorised representative has been advised of the possibility of such damages.

  3. Intellectual Property Rights, Registration Information and Confidentiality

    4.

    1. By entering this Agreement and using the Service, you do not acquire any intellectual property right to the Service or any part thereof, except as expressly granted herein.

  4. General

    1. Either VIB or User may terminate this Agreement immediately upon written notice to the other party. Any fraudulent, abusive, or otherwise illegal activity or any breach of this Agreement may be grounds for termination of User’s account and/or this Agreement. Upon termination for any reason, the following sub-sections in Section 1 (f, g) and Sections 2, 3, 4 and 5 shall survive.