These licence terms apply to all licences granted by Claudia Langenberg, MRC Epidemiology Unit, University of Cambridge and Gabi Kastenmüller, Helmholtz Zentrum München Deutsches Forschungszentrum für Gesundheit und Umwelt GmbH (the "Licensor") for use of or access to ‘omicscience’, a web based platform for sharing of ‘omic’ results and resources ("the Database") through https://omicscience.org (the "Website").
By accessing the Database through the Website, you (the "User") are confirming that you agree that your use of the Database is subject to these licence terms.
Please read these licence terms carefully before accessing or using the database. If you do not agree to these licence terms you should not access or use the database.
The database is intended for use by academics carrying out non-commercial research and not for use by consumers or commercial businesses.
1.1 The User is granted a limited non-exclusive and non-transferable royalty free licence to access and use the Database provided that the User will:
(a) limit their use of the Database to their own academic non-commercial research (inc. publication) which is undertaken for the purposes of education or other scholarly use;
(b) not use the Database for or on behalf of any third party or to provide a service or integrate all or part of the Database into a product for sale or license to third parties;
(c) comply with procedures on the Website for user identification, authentication and access (in each case, if any);
(d) comply with all applicable laws and regulations with respect to their use of the Database;
(e) except to the extent expressly permitted under these terms, not attempt to: reverse compile, extract, reutilise, disassemble or copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Database in any form or media or by any means; and
(f) ensure that the notice "Copyright © 2019-2021 Claudia Langenberg, Gabi Kastenmüller. This database is also subject to database right." (the "Copyright Notice") appears prominently wherever extracts from the Database are used, and the Database is referenced or cited with the Copyright Notice (in addition to any usual academic citation/credit, where applicable) when described in any research publication or on any documents or other material created using the Database.
1.2 The User acknowledges and agrees that the Licensor owns all intellectual property rights in the Database.
1.3 This licence will terminate immediately and the User will no longer have any right to exercise any of the rights granted to the User upon any breach of the conditions in Section 1.1 of this licence.
2.1 The User shall defend, indemnify and hold harmless the Licensor against any claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the User's possession or use of the Database or Website, or any breach of these terms by the User.
2.2 No representations, conditions, warranties or other terms of any kind are given in respect of the Database or Website and all statutory warranties and conditions are excluded to the fullest extent permitted by law. Without affecting the generality of the previous sentences, the Licensor gives no implied or express warranty and makes no representation that the Database or Website or any part of them: (a) will enable specific results to be obtained; or (b) meets a particular specification or is comprehensive within its field or that it is error free or will operate without interruption; or (c) is suitable for any particular use or the User's specific purposes.
2.3 Except in relation to fraud, death or personal injury, the Licensor's liability to the User for any use of the Database or Website, in negligence or arising in any other way out of the subject matter of these licence terms, will not extend to any incidental or consequential damages or losses, or any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect.
2.4 The User hereby irrevocably undertakes not to make any claim against the Licensor, or any employee, student, researcher or other individual engaged by the University of Cambridge or the Helmholtz Zentrum München, being a claim which seeks to enforce against any of them any liability whatsoever in connection with this agreement or its subject-matter.
Use of the Website is also subject to the Website legal notice and disclaimer.
4.1 Severability - If any provision (or part of a provision) of these licence terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
4.2 Entire Agreement – These licence terms and any documents referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the Database.
4.3 Law and Jurisdiction - These licence terms and any disputes or claims arising out of or in connection with them shall be governed by, and construed in accordance with, the law of England. The User irrevocably submits to the exclusive jurisdiction of the English courts for any dispute or claim that arises out of or in connection with these licence terms.
If you are interested in using the Database commercially, please contact the Licensor to negotiate a licence. Contact details are firstname.lastname@example.org.