Plugin Download |
Download Blast2GO PRO
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1.20.13
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 |
QIAGEN CLC Genomics Workbench
[20.0.1, 20.0]
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 |
QIAGEN CLC Main Workbench
[20.0.1, 20.0]
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Blast2GO PRO Plugin End User License Agreement
(hereinafter, the "Terms of Service")
Thank you for using the Blast2GO.
By using this software, including certain third party software and content made available in conjunction with this software, the user agrees to accept a license under and to be bound by the following terms and conditions of this agreement (hereinafter the "Agreement") with BioBam Bioinformatics, S.L (hereinafter, "BioBam").
This Agreement between you (hereinafter, the "User") and BioBam states the terms that govern the use of the software for functional annotation of novel sequences and the analysis of annotation data (hereinafter, "Blast2GO") together with all updates, additional terms, software licenses, terms of service and all of BioBam's rules and policies. The present Agreement will prevail over any conflicting rule stated in the additional terms, software licenses, terms of service and policies.
1. License:
This agreement licenses the peaceful and effective use of Blast2GO PRO Plugin solely for academic or commercial research purposes as described in the Terms of Service. Subject to the terms and conditions of this Agreement, BioBam hereby grants you a non-exclusive and non-transferable limited license to use the Blast2GO PRO Plugin subscribed; Blast2GO PRO Plugin features are set forth in the feature list incorporated in Blast2GO's official website (hereinafter, the "Website").
2. System requirements:
The use of the Blast2GO or any other BioBam software products, services or content (hereinafter, collectively referred to as the "Service") requires a compatible hardware device, Internet access, and certain software specified in the Website, and may require obtaining updates or upgrades from time to time. Because the use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. Data transmission and data links between BioBam and you via network are exclusively your responsibility. High speed Internet access is strongly recommended. The currently supported versions of required software can be readily viewed at
http://www.blast2go.com.
You acknowledge and agree that such system requirements, which may change from time to time, are your responsibility.
3. Policies and rules:
Your use of the Service and any additional products are subject to BioBam's Terms of Service which can be readily viewed at
http://www.blast2go.com/legal
, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. We highly recommend that you read BioBam's Terms of Service. Your purchase of any additional products through BioBam is subject to any end-user agreements or other terms and conditions required for the use of such products, all of which are hereby made a part of this Agreement.
4. Privacy.
4.1.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (hereinafter, the ""Registration Data").
4.2.
You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. BioBam may terminate your rights to any or all of the Service and other products if any information you provide is false, inaccurate or incomplete.
4.3.
You agree that BioBam may store and use the Registration Data you provide (including credit card information if appropriate) for the sole purpose of maintaining your accounts and payments updated.
4.4.
You will always have the right to access, consult, modify or cancel any provided personal data to BioBam.
4.5.
BioBam will not process any personal data of User´s ownership.
4.6.
Each party agrees to comply with Spanish regulations for the protection of personal data, specifically, the Law 15/99 of December 13, Protection of Personal Data and Royal Decree 1720/2007 of 21 December, which approves the Regulation development of data protection.
4.7.
Each party will be liable for the consequences that may arise from their failure to comply with the obligations set down herewith.
5. Security:
5.1.
You understand that the Service includes a security framework using technology that protects digital information and limits your usage of the Service and other products to certain BioBam's Terms of Service, which can be readily viewed at
http://www.blast2go.com/termsofuse
, and any end-user agreements or other terms and conditions required for use of the Service and or other BioBam products or services, all of which are hereby made a part of this Agreement.
5.2.
You agree to comply with such Terms of Service, as further outlined below, and you agree not to violate or attempt to violate any security components.
5.3.
You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Terms of Service for any reason whatsoever. Terms of Service may be controlled and monitored by BioBam for compliance purposes, and BioBam reserves the right to enforce the Terms of Service with or without notice to you.
5.4.
You will not access the Services by any means other than through software that is provided by BioBam for accessing the Service. You shall not access or attempt to access an Account that you are not to access.
5.5.
You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Service.
5.6.
Violations of system or network security may result in civil or criminal liability.
6. Intended use:
The Service is designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions.
7. Confidentiality and ownership of your online searches and data:
7.1.
BioBam shall use its commercially reasonable efforts to keep confidential the contents of your online searches and all of your information and uploaded data, stored and maintained within your individual Service Account. You shall own all rights, title, and interests in any information and data files which you upload, store and maintain within your Service Account.
7.2.
Confidential Information means any information that has been disclosed to any of the parties as a result of the performance of the rights and duties described hereto, which is not available for the public domain as, for example, any information relating to business, customers, operations, facilities, procedures, methods, transactions, know-how or any other aspect of the activity of the Parties.
7.3.
The parties agree and undertake not to disclose the Confidential Information for any purpose different to the purposes associated with the present agreement.
8. Data loss:
BioBam does not guarantee against data loss of your data owing to hardware failures or catastrophic events causing data loss on the Service. Notwithstanding this, BioBam will use commercially reasonable efforts to prevent the loss of or damage to data in its possession and will maintain commercially reasonable back-up procedures and copies to facilitate the re-construction of any such data.
9. Terms of Service:
9.1.
You acknowledge that the Service contains security technology that limits your usage of the Service and other BioBam products to the following applicable Terms of Service, and, whether or not the Service is limited by security technology, you agree to use the Service in compliance with the applicable Terms of Service.
9.2.
Your use of the Service and any other BioBam products is conditioned upon your prior acceptance of the terms of this Agreement.
9.3.
Your use of the Service is conditioned upon your affirmation that you are eighteen (18) years of age or older. Your acceptance of this Agreement constitutes your affirmation that you are at least thirteen (18) years of age.
9.4.
If you are an academic User, you shall be authorized to use the Service only for academic, governmental, non-profit and or non-commercial use. Upgrades to non-commercial usage accounts are available; in order to do so, please contact BioBam for more information about the terms.
9.5.
If you are a Commercial User, other than academic, governmental or any other non-profit organization, you shall be authorized to use the Blast2GO Services only for commercial research use. Upgrades to commercial usage beyond commercial research are available; in order to do so, please contact BioBam for more information about the terms.
9.6.
You shall not use the Service in a manner contrary to the Intended Use set forth above and shall not use the Service in connection with the diagnosis or treatment of diseases or other conditions.
9.7.
You shall not directly or indirectly disassemble, decompile, reverse engineer or otherwise attempt to discover the whole or any part of the source code of the Service or of any other products, whether to render the Service inter-operable with other computer programs or equipment or to reproduce the functionality of the whole or any part of the Service, nor shall you assist any third party in doing any of the foregoing.
9.8.
Any downloading or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of any content embodied in any of the Services.
9.9.
The delivery of content through the Service does not transfer to you any commercial or promotional use rights in the content.
9.10.
You shall use reasonable efforts to keep confidential the technical details of the Service by using reasonable degree of care to prevent the unauthorized use, dissemination, or disclosure of the Service and its operation. You shall refrain from disclosing or publishing benchmarks relating to the Service without expressed written permission from BioBam.
9.11.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or that is used to administer the Terms of Service.
9.12.
You agree that your use of the Service and other purchased BioBam products constitutes your acceptance to use them solely in accordance with Terms of Service, and that any other use of the Service may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Service. The Terms of Service shall govern your rights with respect to the Service, in addition to any other terms or rules that may have been established between you and another party.
9.13.
BioBam reserves the right to modify the Terms of Service at any time. You acknowledge that some aspects of the Service and other BioBam products, and the administering of the Terms of Service entail the ongoing involvement of BioBam. Accordingly, in the event that BioBam changes any part of the Service or discontinues the Service, which BioBam may do at its election, you acknowledge that you may no longer be able to use the Service to the same extent as prior to such change or discontinuation, and that BioBam shall have no liability to you in such case.
10. Electronic signatures and contracts:
Your use of the BioBam Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such transactions if applicable. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
11. Intellectual and industrial Property:
11.1.
BioBam owns all the intellectual property rights, and has obtained and reserves the authorisations and licences required for exploiting these rights, over the domain name, the trademarks and distinctive symbols, the Blast2GO software, the source code, and any other works and/or inventions associated with the software Website and the technology thereto associated.
11.2.
The contents of the software, including designs, applications, text, images and source code (hereinafter, the "Content"), are protected by international intellectual and industrial proprietary rights.
11.3.
BioBam is the only owner of the Content.
11.4.
Under no circumstances can the Content be used, reproduced, copied or transmitted in any way whatsoever without the prior and explicit writing permission of BioBam.
11.5.
BioBam hereby states that its personnel will not access, unless necessary for the correct control and maintenance of the Service, the contents uploaded on the Website or delivered to BioBam through whatever mean or channel, for its use, exploitation, publication, translation, modification, distribution, public dissemination nor transformation.
12. Removal of content, functionality or other materials:
12.1.
Notwithstanding any other provision of this Agreement, BioBam reserves the right to change, suspend, remove, or disable access to any Service, functionality, Content, or other materials comprising a part of the Service at any time without notice.
12.2.
In no event will BioBam be liable for the removal of or disabling of access to any such Service, content or materials under this Agreement. BioBam may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
13. Termination by BioBam:
BioBam reserves the right to modify, suspend, or discontinue access to the Service (or any part or content thereof) at any time with or without notice to you, and BioBam will not be liable to you or to any third party should it exercise such rights. If you fail, or BioBam suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due if applicable, failure to provide a valid credit card at the moment of payment if applicable or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Terms of Service or any license to the software, or infringement or other violation of third parties rights, BioBam, at its sole discretion, without notice to you may: (I) terminate this Agreement and/or your Account, and you will remain liable for any and all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
14. General compliance with laws:
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
15. Enforcement of these terms:
15.1.
BioBam reserves the right to take steps BioBam believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
15.2.
You agree that BioBam has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as BioBam believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
16. No Responsibility for third-party materials or websites:
16.1.
Certain software, content, products, and services available via the Service may include materials from third parties. In addition, BioBam may provide links to certain third-party Web sites. You acknowledge and agree that BioBam is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites.
16.2.
BioBam does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that BioBam is not in any way responsible for any such use by you.
17. Disclaimer of warranties and limitation of liability:
17.1.
BioBam does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time BioBam may remove the service for indefinite periods of time, or cancel your Account in the Service at any time, without notice to you.
17.2.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. All products, content and services delivered to you through the product are (except as expressly stated by BioBam) provided ""as is" and ""as available" for your use, without warranties of any kind, either expressed or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
17.3.
In no case shall BioBam, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the product, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, BioBam's liability shall be limited to the extent permitted by law.
17.4.
BioBam shall use reasonable efforts to protect information submitted by you in connection with the service, but you acknowledge and agree that your submission of such information is at your sole risk, and BioBam hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
17.5.
BioBam does not represent or guarantee that the Service will be free from error, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and BioBam disclaims any liability relating thereto.
17.6.
You acknowledge and agree that (a) BioBam does not warrant in any way the contents, topicality and accuracy of information, output, timeliness and results obtained by the use of the Service, (b) the Service is inherently complex and you possess the requisite technical expertise to evaluate any information, output and results obtained from the use of the product and the assumptions underlying the same, (c) you shall bear sole responsibility for the selection of the service and for determining that the service is appropriate for your use; and (d) the Service is designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions.
17.7.
To the maximum extent permitted by law, BioBam hereby disclaims all warranties of any kind concerning the service, product, software, licensed programs, documentation and support including, without limitation, any implied warranty of non-infringement, merchantability or fitness for a particular purpose.
18. Waiver and indemnity:
By using the product, you agree to indemnify and hold BioBam, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the service, or any action taken by BioBam as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from BioBam, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of BioBam's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
19. Changes:
BioBam reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of the Additional Terms in the Terms of Service, which can be readily viewed at
http://www.blast2go.com/legal
, will be deemed to constitute your acceptance of any and all such Additional Terms. All additional Terms are hereby incorporated into this Agreement by this reference.
20. Notices:
BioBam may send you a notice with respect to the Service by sending an email message to the email address listed in your BioBam account contact information, or by a posting on the BioBam Website. Notices shall become effective immediately.
21. Governing law:
The laws of Spain shall govern this Agreement, the Terms of Service, and your use of the Services. You expressly agree that the exclusive jurisdiction for any claim or dispute with BioBam or relating in any way to your use of the Services resides in the jurisdiction of the Valencian Courts, Spain.
22. Entire agreement:
This Agreement governs your use of the Service, superseding any prior agreements between you and BioBam. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BioBam's failure to enforce any right or provisions in these this Agreement will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. BioBam will not be responsible for failures to fulfill any obligations due to causes beyond its control.
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|
1.12.13
|
|
QIAGEN CLC Genomics Workbench
[12.0.3, 12.0.2, 12.0.1, 12.0]
|
|
QIAGEN CLC Main Workbench
[8.1.3, 8.1.2, 8.1.1, 8.1]
|
|
Blast2GO PRO Plugin End User License Agreement
(hereinafter, the "Terms of Service")
Thank you for using the Blast2GO.
By using this software, including certain third party software and content made available in conjunction with this software, the user agrees to accept a license under and to be bound by the following terms and conditions of this agreement (hereinafter the "Agreement") with BioBam Bioinformatics, S.L (hereinafter, "BioBam").
This Agreement between you (hereinafter, the "User") and BioBam states the terms that govern the use of the software for functional annotation of novel sequences and the analysis of annotation data (hereinafter, "Blast2GO") together with all updates, additional terms, software licenses, terms of service and all of BioBam's rules and policies. The present Agreement will prevail over any conflicting rule stated in the additional terms, software licenses, terms of service and policies.
1. License:
This agreement licenses the peaceful and effective use of Blast2GO PRO Plugin solely for academic or commercial research purposes as described in the Terms of Service. Subject to the terms and conditions of this Agreement, BioBam hereby grants you a non-exclusive and non-transferable limited license to use the Blast2GO PRO Plugin subscribed; Blast2GO PRO Plugin features are set forth in the feature list incorporated in Blast2GO's official website (hereinafter, the "Website").
2. System requirements:
The use of the Blast2GO or any other BioBam software products, services or content (hereinafter, collectively referred to as the "Service") requires a compatible hardware device, Internet access, and certain software specified in the Website, and may require obtaining updates or upgrades from time to time. Because the use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. Data transmission and data links between BioBam and you via network are exclusively your responsibility. High speed Internet access is strongly recommended. The currently supported versions of required software can be readily viewed at
http://www.blast2go.com.
You acknowledge and agree that such system requirements, which may change from time to time, are your responsibility.
3. Policies and rules:
Your use of the Service and any additional products are subject to BioBam's Terms of Service which can be readily viewed at
http://www.blast2go.com/legal
, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. We highly recommend that you read BioBam's Terms of Service. Your purchase of any additional products through BioBam is subject to any end-user agreements or other terms and conditions required for the use of such products, all of which are hereby made a part of this Agreement.
4. Privacy.
4.1.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (hereinafter, the ""Registration Data").
4.2.
You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. BioBam may terminate your rights to any or all of the Service and other products if any information you provide is false, inaccurate or incomplete.
4.3.
You agree that BioBam may store and use the Registration Data you provide (including credit card information if appropriate) for the sole purpose of maintaining your accounts and payments updated.
4.4.
You will always have the right to access, consult, modify or cancel any provided personal data to BioBam.
4.5.
BioBam will not process any personal data of User´s ownership.
4.6.
Each party agrees to comply with Spanish regulations for the protection of personal data, specifically, the Law 15/99 of December 13, Protection of Personal Data and Royal Decree 1720/2007 of 21 December, which approves the Regulation development of data protection.
4.7.
Each party will be liable for the consequences that may arise from their failure to comply with the obligations set down herewith.
5. Security:
5.1.
You understand that the Service includes a security framework using technology that protects digital information and limits your usage of the Service and other products to certain BioBam's Terms of Service, which can be readily viewed at
http://www.blast2go.com/termsofuse
, and any end-user agreements or other terms and conditions required for use of the Service and or other BioBam products or services, all of which are hereby made a part of this Agreement.
5.2.
You agree to comply with such Terms of Service, as further outlined below, and you agree not to violate or attempt to violate any security components.
5.3.
You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Terms of Service for any reason whatsoever. Terms of Service may be controlled and monitored by BioBam for compliance purposes, and BioBam reserves the right to enforce the Terms of Service with or without notice to you.
5.4.
You will not access the Services by any means other than through software that is provided by BioBam for accessing the Service. You shall not access or attempt to access an Account that you are not to access.
5.5.
You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Service.
5.6.
Violations of system or network security may result in civil or criminal liability.
6. Intended use:
The Service is designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions.
7. Confidentiality and ownership of your online searches and data:
7.1.
BioBam shall use its commercially reasonable efforts to keep confidential the contents of your online searches and all of your information and uploaded data, stored and maintained within your individual Service Account. You shall own all rights, title, and interests in any information and data files which you upload, store and maintain within your Service Account.
7.2.
Confidential Information means any information that has been disclosed to any of the parties as a result of the performance of the rights and duties described hereto, which is not available for the public domain as, for example, any information relating to business, customers, operations, facilities, procedures, methods, transactions, know-how or any other aspect of the activity of the Parties.
7.3.
The parties agree and undertake not to disclose the Confidential Information for any purpose different to the purposes associated with the present agreement.
8. Data loss:
BioBam does not guarantee against data loss of your data owing to hardware failures or catastrophic events causing data loss on the Service. Notwithstanding this, BioBam will use commercially reasonable efforts to prevent the loss of or damage to data in its possession and will maintain commercially reasonable back-up procedures and copies to facilitate the re-construction of any such data.
9. Terms of Service:
9.1.
You acknowledge that the Service contains security technology that limits your usage of the Service and other BioBam products to the following applicable Terms of Service, and, whether or not the Service is limited by security technology, you agree to use the Service in compliance with the applicable Terms of Service.
9.2.
Your use of the Service and any other BioBam products is conditioned upon your prior acceptance of the terms of this Agreement.
9.3.
Your use of the Service is conditioned upon your affirmation that you are eighteen (18) years of age or older. Your acceptance of this Agreement constitutes your affirmation that you are at least thirteen (18) years of age.
9.4.
If you are an academic User, you shall be authorized to use the Service only for academic, governmental, non-profit and or non-commercial use. Upgrades to non-commercial usage accounts are available; in order to do so, please contact BioBam for more information about the terms.
9.5.
If you are a Commercial User, other than academic, governmental or any other non-profit organization, you shall be authorized to use the Blast2GO Services only for commercial research use. Upgrades to commercial usage beyond commercial research are available; in order to do so, please contact BioBam for more information about the terms.
9.6.
You shall not use the Service in a manner contrary to the Intended Use set forth above and shall not use the Service in connection with the diagnosis or treatment of diseases or other conditions.
9.7.
You shall not directly or indirectly disassemble, decompile, reverse engineer or otherwise attempt to discover the whole or any part of the source code of the Service or of any other products, whether to render the Service inter-operable with other computer programs or equipment or to reproduce the functionality of the whole or any part of the Service, nor shall you assist any third party in doing any of the foregoing.
9.8.
Any downloading or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of any content embodied in any of the Services.
9.9.
The delivery of content through the Service does not transfer to you any commercial or promotional use rights in the content.
9.10.
You shall use reasonable efforts to keep confidential the technical details of the Service by using reasonable degree of care to prevent the unauthorized use, dissemination, or disclosure of the Service and its operation. You shall refrain from disclosing or publishing benchmarks relating to the Service without expressed written permission from BioBam.
9.11.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or that is used to administer the Terms of Service.
9.12.
You agree that your use of the Service and other purchased BioBam products constitutes your acceptance to use them solely in accordance with Terms of Service, and that any other use of the Service may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Service. The Terms of Service shall govern your rights with respect to the Service, in addition to any other terms or rules that may have been established between you and another party.
9.13.
BioBam reserves the right to modify the Terms of Service at any time. You acknowledge that some aspects of the Service and other BioBam products, and the administering of the Terms of Service entail the ongoing involvement of BioBam. Accordingly, in the event that BioBam changes any part of the Service or discontinues the Service, which BioBam may do at its election, you acknowledge that you may no longer be able to use the Service to the same extent as prior to such change or discontinuation, and that BioBam shall have no liability to you in such case.
10. Electronic signatures and contracts:
Your use of the BioBam Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such transactions if applicable. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
11. Intellectual and industrial Property:
11.1.
BioBam owns all the intellectual property rights, and has obtained and reserves the authorisations and licences required for exploiting these rights, over the domain name, the trademarks and distinctive symbols, the Blast2GO software, the source code, and any other works and/or inventions associated with the software Website and the technology thereto associated.
11.2.
The contents of the software, including designs, applications, text, images and source code (hereinafter, the "Content"), are protected by international intellectual and industrial proprietary rights.
11.3.
BioBam is the only owner of the Content.
11.4.
Under no circumstances can the Content be used, reproduced, copied or transmitted in any way whatsoever without the prior and explicit writing permission of BioBam.
11.5.
BioBam hereby states that its personnel will not access, unless necessary for the correct control and maintenance of the Service, the contents uploaded on the Website or delivered to BioBam through whatever mean or channel, for its use, exploitation, publication, translation, modification, distribution, public dissemination nor transformation.
12. Removal of content, functionality or other materials:
12.1.
Notwithstanding any other provision of this Agreement, BioBam reserves the right to change, suspend, remove, or disable access to any Service, functionality, Content, or other materials comprising a part of the Service at any time without notice.
12.2.
In no event will BioBam be liable for the removal of or disabling of access to any such Service, content or materials under this Agreement. BioBam may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
13. Termination by BioBam:
BioBam reserves the right to modify, suspend, or discontinue access to the Service (or any part or content thereof) at any time with or without notice to you, and BioBam will not be liable to you or to any third party should it exercise such rights. If you fail, or BioBam suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due if applicable, failure to provide a valid credit card at the moment of payment if applicable or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Terms of Service or any license to the software, or infringement or other violation of third parties rights, BioBam, at its sole discretion, without notice to you may: (I) terminate this Agreement and/or your Account, and you will remain liable for any and all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
14. General compliance with laws:
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
15. Enforcement of these terms:
15.1.
BioBam reserves the right to take steps BioBam believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
15.2.
You agree that BioBam has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as BioBam believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
16. No Responsibility for third-party materials or websites:
16.1.
Certain software, content, products, and services available via the Service may include materials from third parties. In addition, BioBam may provide links to certain third-party Web sites. You acknowledge and agree that BioBam is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites.
16.2.
BioBam does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that BioBam is not in any way responsible for any such use by you.
17. Disclaimer of warranties and limitation of liability:
17.1.
BioBam does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time BioBam may remove the service for indefinite periods of time, or cancel your Account in the Service at any time, without notice to you.
17.2.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. All products, content and services delivered to you through the product are (except as expressly stated by BioBam) provided ""as is" and ""as available" for your use, without warranties of any kind, either expressed or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
17.3.
In no case shall BioBam, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the product, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, BioBam's liability shall be limited to the extent permitted by law.
17.4.
BioBam shall use reasonable efforts to protect information submitted by you in connection with the service, but you acknowledge and agree that your submission of such information is at your sole risk, and BioBam hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
17.5.
BioBam does not represent or guarantee that the Service will be free from error, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and BioBam disclaims any liability relating thereto.
17.6.
You acknowledge and agree that (a) BioBam does not warrant in any way the contents, topicality and accuracy of information, output, timeliness and results obtained by the use of the Service, (b) the Service is inherently complex and you possess the requisite technical expertise to evaluate any information, output and results obtained from the use of the product and the assumptions underlying the same, (c) you shall bear sole responsibility for the selection of the service and for determining that the service is appropriate for your use; and (d) the Service is designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions.
17.7.
To the maximum extent permitted by law, BioBam hereby disclaims all warranties of any kind concerning the service, product, software, licensed programs, documentation and support including, without limitation, any implied warranty of non-infringement, merchantability or fitness for a particular purpose.
18. Waiver and indemnity:
By using the product, you agree to indemnify and hold BioBam, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the service, or any action taken by BioBam as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from BioBam, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of BioBam's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
19. Changes:
BioBam reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of the Additional Terms in the Terms of Service, which can be readily viewed at
http://www.blast2go.com/legal
, will be deemed to constitute your acceptance of any and all such Additional Terms. All additional Terms are hereby incorporated into this Agreement by this reference.
20. Notices:
BioBam may send you a notice with respect to the Service by sending an email message to the email address listed in your BioBam account contact information, or by a posting on the BioBam Website. Notices shall become effective immediately.
21. Governing law:
The laws of Spain shall govern this Agreement, the Terms of Service, and your use of the Services. You expressly agree that the exclusive jurisdiction for any claim or dispute with BioBam or relating in any way to your use of the Services resides in the jurisdiction of the Valencian Courts, Spain.
22. Entire agreement:
This Agreement governs your use of the Service, superseding any prior agreements between you and BioBam. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BioBam's failure to enforce any right or provisions in these this Agreement will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. BioBam will not be responsible for failures to fulfill any obligations due to causes beyond its control.
|
|
1.11.9
|
|
QIAGEN CLC Genomics Workbench
[11.0.2, 11.0.1, 11.0.0]
|
|
QIAGEN CLC Main Workbench
[8.0.2, 8.0.1, 8.0.0]
|
|
Blast2GO PRO Plugin End User License Agreement
(hereinafter, the "Terms of Service")
Thank you for using the Blast2GO.
By using this software, including certain third party software and content made available in conjunction with this software, the user agrees to accept a license under and to be bound by the following terms and conditions of this agreement (hereinafter the "Agreement") with BioBam Bioinformatics, S.L (hereinafter, "BioBam").
This Agreement between you (hereinafter, the "User") and BioBam states the terms that govern the use of the software for functional annotation of novel sequences and the analysis of annotation data (hereinafter, "Blast2GO") together with all updates, additional terms, software licenses, terms of service and all of BioBam's rules and policies. The present Agreement will prevail over any conflicting rule stated in the additional terms, software licenses, terms of service and policies.
1. License:
This agreement licenses the peaceful and effective use of Blast2GO PRO Plugin solely for academic or commercial research purposes as described in the Terms of Service. Subject to the terms and conditions of this Agreement, BioBam hereby grants you a non-exclusive and non-transferable limited license to use the Blast2GO PRO Plugin subscribed; Blast2GO PRO Plugin features are set forth in the feature list incorporated in Blast2GO's official website (hereinafter, the "Website").
2. System requirements:
The use of the Blast2GO or any other BioBam software products, services or content (hereinafter, collectively referred to as the "Service") requires a compatible hardware device, Internet access, and certain software specified in the Website, and may require obtaining updates or upgrades from time to time. Because the use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. Data transmission and data links between BioBam and you via network are exclusively your responsibility. High speed Internet access is strongly recommended. The currently supported versions of required software can be readily viewed at
http://www.blast2go.com.
You acknowledge and agree that such system requirements, which may change from time to time, are your responsibility.
3. Policies and rules:
Your use of the Service and any additional products are subject to BioBam's Terms of Service which can be readily viewed at
http://www.blast2go.com/legal
, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. We highly recommend that you read BioBam's Terms of Service. Your purchase of any additional products through BioBam is subject to any end-user agreements or other terms and conditions required for the use of such products, all of which are hereby made a part of this Agreement.
4. Privacy.
4.1.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (hereinafter, the ""Registration Data").
4.2.
You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. BioBam may terminate your rights to any or all of the Service and other products if any information you provide is false, inaccurate or incomplete.
4.3.
You agree that BioBam may store and use the Registration Data you provide (including credit card information if appropriate) for the sole purpose of maintaining your accounts and payments updated.
4.4.
You will always have the right to access, consult, modify or cancel any provided personal data to BioBam.
4.5.
BioBam will not process any personal data of User´s ownership.
4.6.
Each party agrees to comply with Spanish regulations for the protection of personal data, specifically, the Law 15/99 of December 13, Protection of Personal Data and Royal Decree 1720/2007 of 21 December, which approves the Regulation development of data protection.
4.7.
Each party will be liable for the consequences that may arise from their failure to comply with the obligations set down herewith.
5. Security:
5.1.
You understand that the Service includes a security framework using technology that protects digital information and limits your usage of the Service and other products to certain BioBam's Terms of Service, which can be readily viewed at
http://www.blast2go.com/termsofuse
, and any end-user agreements or other terms and conditions required for use of the Service and or other BioBam products or services, all of which are hereby made a part of this Agreement.
5.2.
You agree to comply with such Terms of Service, as further outlined below, and you agree not to violate or attempt to violate any security components.
5.3.
You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Terms of Service for any reason whatsoever. Terms of Service may be controlled and monitored by BioBam for compliance purposes, and BioBam reserves the right to enforce the Terms of Service with or without notice to you.
5.4.
You will not access the Services by any means other than through software that is provided by BioBam for accessing the Service. You shall not access or attempt to access an Account that you are not to access.
5.5.
You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Service.
5.6.
Violations of system or network security may result in civil or criminal liability.
6. Intended use:
The Service is designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions.
7. Confidentiality and ownership of your online searches and data:
7.1.
BioBam shall use its commercially reasonable efforts to keep confidential the contents of your online searches and all of your information and uploaded data, stored and maintained within your individual Service Account. You shall own all rights, title, and interests in any information and data files which you upload, store and maintain within your Service Account.
7.2.
Confidential Information means any information that has been disclosed to any of the parties as a result of the performance of the rights and duties described hereto, which is not available for the public domain as, for example, any information relating to business, customers, operations, facilities, procedures, methods, transactions, know-how or any other aspect of the activity of the Parties.
7.3.
The parties agree and undertake not to disclose the Confidential Information for any purpose different to the purposes associated with the present agreement.
8. Data loss:
BioBam does not guarantee against data loss of your data owing to hardware failures or catastrophic events causing data loss on the Service. Notwithstanding this, BioBam will use commercially reasonable efforts to prevent the loss of or damage to data in its possession and will maintain commercially reasonable back-up procedures and copies to facilitate the re-construction of any such data.
9. Terms of Service:
9.1.
You acknowledge that the Service contains security technology that limits your usage of the Service and other BioBam products to the following applicable Terms of Service, and, whether or not the Service is limited by security technology, you agree to use the Service in compliance with the applicable Terms of Service.
9.2.
Your use of the Service and any other BioBam products is conditioned upon your prior acceptance of the terms of this Agreement.
9.3.
Your use of the Service is conditioned upon your affirmation that you are eighteen (18) years of age or older. Your acceptance of this Agreement constitutes your affirmation that you are at least thirteen (18) years of age.
9.4.
If you are an academic User, you shall be authorized to use the Service only for academic, governmental, non-profit and or non-commercial use. Upgrades to non-commercial usage accounts are available; in order to do so, please contact BioBam for more information about the terms.
9.5.
If you are a Commercial User, other than academic, governmental or any other non-profit organization, you shall be authorized to use the Blast2GO Services only for commercial research use. Upgrades to commercial usage beyond commercial research are available; in order to do so, please contact BioBam for more information about the terms.
9.6.
You shall not use the Service in a manner contrary to the Intended Use set forth above and shall not use the Service in connection with the diagnosis or treatment of diseases or other conditions.
9.7.
You shall not directly or indirectly disassemble, decompile, reverse engineer or otherwise attempt to discover the whole or any part of the source code of the Service or of any other products, whether to render the Service inter-operable with other computer programs or equipment or to reproduce the functionality of the whole or any part of the Service, nor shall you assist any third party in doing any of the foregoing.
9.8.
Any downloading or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of any content embodied in any of the Services.
9.9.
The delivery of content through the Service does not transfer to you any commercial or promotional use rights in the content.
9.10.
You shall use reasonable efforts to keep confidential the technical details of the Service by using reasonable degree of care to prevent the unauthorized use, dissemination, or disclosure of the Service and its operation. You shall refrain from disclosing or publishing benchmarks relating to the Service without expressed written permission from BioBam.
9.11.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or that is used to administer the Terms of Service.
9.12.
You agree that your use of the Service and other purchased BioBam products constitutes your acceptance to use them solely in accordance with Terms of Service, and that any other use of the Service may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Service. The Terms of Service shall govern your rights with respect to the Service, in addition to any other terms or rules that may have been established between you and another party.
9.13.
BioBam reserves the right to modify the Terms of Service at any time. You acknowledge that some aspects of the Service and other BioBam products, and the administering of the Terms of Service entail the ongoing involvement of BioBam. Accordingly, in the event that BioBam changes any part of the Service or discontinues the Service, which BioBam may do at its election, you acknowledge that you may no longer be able to use the Service to the same extent as prior to such change or discontinuation, and that BioBam shall have no liability to you in such case.
10. Electronic signatures and contracts:
Your use of the BioBam Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such transactions if applicable. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
11. Intellectual and industrial Property:
11.1.
BioBam owns all the intellectual property rights, and has obtained and reserves the authorisations and licences required for exploiting these rights, over the domain name, the trademarks and distinctive symbols, the Blast2GO software, the source code, and any other works and/or inventions associated with the software Website and the technology thereto associated.
11.2.
The contents of the software, including designs, applications, text, images and source code (hereinafter, the "Content"), are protected by international intellectual and industrial proprietary rights.
11.3.
BioBam is the only owner of the Content.
11.4.
Under no circumstances can the Content be used, reproduced, copied or transmitted in any way whatsoever without the prior and explicit writing permission of BioBam.
11.5.
BioBam hereby states that its personnel will not access, unless necessary for the correct control and maintenance of the Service, the contents uploaded on the Website or delivered to BioBam through whatever mean or channel, for its use, exploitation, publication, translation, modification, distribution, public dissemination nor transformation.
12. Removal of content, functionality or other materials:
12.1.
Notwithstanding any other provision of this Agreement, BioBam reserves the right to change, suspend, remove, or disable access to any Service, functionality, Content, or other materials comprising a part of the Service at any time without notice.
12.2.
In no event will BioBam be liable for the removal of or disabling of access to any such Service, content or materials under this Agreement. BioBam may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
13. Termination by BioBam:
BioBam reserves the right to modify, suspend, or discontinue access to the Service (or any part or content thereof) at any time with or without notice to you, and BioBam will not be liable to you or to any third party should it exercise such rights. If you fail, or BioBam suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due if applicable, failure to provide a valid credit card at the moment of payment if applicable or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Terms of Service or any license to the software, or infringement or other violation of third parties rights, BioBam, at its sole discretion, without notice to you may: (I) terminate this Agreement and/or your Account, and you will remain liable for any and all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
14. General compliance with laws:
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
15. Enforcement of these terms:
15.1.
BioBam reserves the right to take steps BioBam believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
15.2.
You agree that BioBam has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as BioBam believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
16. No Responsibility for third-party materials or websites:
16.1.
Certain software, content, products, and services available via the Service may include materials from third parties. In addition, BioBam may provide links to certain third-party Web sites. You acknowledge and agree that BioBam is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites.
16.2.
BioBam does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that BioBam is not in any way responsible for any such use by you.
17. Disclaimer of warranties and limitation of liability:
17.1.
BioBam does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time BioBam may remove the service for indefinite periods of time, or cancel your Account in the Service at any time, without notice to you.
17.2.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. All products, content and services delivered to you through the product are (except as expressly stated by BioBam) provided ""as is" and ""as available" for your use, without warranties of any kind, either expressed or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
17.3.
In no case shall BioBam, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the product, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, BioBam's liability shall be limited to the extent permitted by law.
17.4.
BioBam shall use reasonable efforts to protect information submitted by you in connection with the service, but you acknowledge and agree that your submission of such information is at your sole risk, and BioBam hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
17.5.
BioBam does not represent or guarantee that the Service will be free from error, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and BioBam disclaims any liability relating thereto.
17.6.
You acknowledge and agree that (a) BioBam does not warrant in any way the contents, topicality and accuracy of information, output, timeliness and results obtained by the use of the Service, (b) the Service is inherently complex and you possess the requisite technical expertise to evaluate any information, output and results obtained from the use of the product and the assumptions underlying the same, (c) you shall bear sole responsibility for the selection of the service and for determining that the service is appropriate for your use; and (d) the Service is designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions.
17.7.
To the maximum extent permitted by law, BioBam hereby disclaims all warranties of any kind concerning the service, product, software, licensed programs, documentation and support including, without limitation, any implied warranty of non-infringement, merchantability or fitness for a particular purpose.
18. Waiver and indemnity:
By using the product, you agree to indemnify and hold BioBam, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the service, or any action taken by BioBam as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from BioBam, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of BioBam's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
19. Changes:
BioBam reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of the Additional Terms in the Terms of Service, which can be readily viewed at
http://www.blast2go.com/legal
, will be deemed to constitute your acceptance of any and all such Additional Terms. All additional Terms are hereby incorporated into this Agreement by this reference.
20. Notices:
BioBam may send you a notice with respect to the Service by sending an email message to the email address listed in your BioBam account contact information, or by a posting on the BioBam Website. Notices shall become effective immediately.
21. Governing law:
The laws of Spain shall govern this Agreement, the Terms of Service, and your use of the Services. You expressly agree that the exclusive jurisdiction for any claim or dispute with BioBam or relating in any way to your use of the Services resides in the jurisdiction of the Valencian Courts, Spain.
22. Entire agreement:
This Agreement governs your use of the Service, superseding any prior agreements between you and BioBam. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BioBam's failure to enforce any right or provisions in these this Agreement will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. BioBam will not be responsible for failures to fulfill any obligations due to causes beyond its control.
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|
1.10.7
|
|
QIAGEN CLC Genomics Workbench
[10.1.3, 10.1.2, 10.1.1, 10.1.0, 10.0.1, 10.0]
|
|
QIAGEN CLC Main Workbench
[7.9.3, 7.9.2, 7.9.1, 7.9.0, 7.8.1, 7.8]
|
|
Blast2GO PRO Plugin End User License Agreement
(hereinafter, the "Terms of Service")
Thank you for using the Blast2GO.
By using this software, including certain third party software and content made available in conjunction with this software, the user agrees to accept a license under and to be bound by the following terms and conditions of this agreement (hereinafter the "Agreement") with BioBam Bioinformatics, S.L (hereinafter, "BioBam").
This Agreement between you (hereinafter, the "User") and BioBam states the terms that govern the use of the software for functional annotation of novel sequences and the analysis of annotation data (hereinafter, "Blast2GO") together with all updates, additional terms, software licenses, terms of service and all of BioBam's rules and policies. The present Agreement will prevail over any conflicting rule stated in the additional terms, software licenses, terms of service and policies.
1. License:
This agreement licenses the peaceful and effective use of Blast2GO PRO Plugin solely for academic or commercial research purposes as described in the Terms of Service. Subject to the terms and conditions of this Agreement, BioBam hereby grants you a non-exclusive and non-transferable limited license to use the Blast2GO PRO Plugin subscribed; Blast2GO PRO Plugin features are set forth in the feature list incorporated in Blast2GO's official website (hereinafter, the "Website").
2. System requirements:
The use of the Blast2GO or any other BioBam software products, services or content (hereinafter, collectively referred to as the "Service") requires a compatible hardware device, Internet access, and certain software specified in the Website, and may require obtaining updates or upgrades from time to time. Because the use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. Data transmission and data links between BioBam and you via network are exclusively your responsibility. High speed Internet access is strongly recommended. The currently supported versions of required software can be readily viewed at
http://www.blast2go.com.
You acknowledge and agree that such system requirements, which may change from time to time, are your responsibility.
3. Policies and rules:
Your use of the Service and any additional products are subject to BioBam's Terms of Service which can be readily viewed at
http://www.blast2go.com/legal
, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. We highly recommend that you read BioBam's Terms of Service. Your purchase of any additional products through BioBam is subject to any end-user agreements or other terms and conditions required for the use of such products, all of which are hereby made a part of this Agreement.
4. Privacy.
4.1.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (hereinafter, the ""Registration Data").
4.2.
You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. BioBam may terminate your rights to any or all of the Service and other products if any information you provide is false, inaccurate or incomplete.
4.3.
You agree that BioBam may store and use the Registration Data you provide (including credit card information if appropriate) for the sole purpose of maintaining your accounts and payments updated.
4.4.
You will always have the right to access, consult, modify or cancel any provided personal data to BioBam.
4.5.
BioBam will not process any personal data of User´s ownership.
4.6.
Each party agrees to comply with Spanish regulations for the protection of personal data, specifically, the Law 15/99 of December 13, Protection of Personal Data and Royal Decree 1720/2007 of 21 December, which approves the Regulation development of data protection.
4.7.
Each party will be liable for the consequences that may arise from their failure to comply with the obligations set down herewith.
5. Security:
5.1.
You understand that the Service includes a security framework using technology that protects digital information and limits your usage of the Service and other products to certain BioBam's Terms of Service, which can be readily viewed at
http://www.blast2go.com/termsofuse
, and any end-user agreements or other terms and conditions required for use of the Service and or other BioBam products or services, all of which are hereby made a part of this Agreement.
5.2.
You agree to comply with such Terms of Service, as further outlined below, and you agree not to violate or attempt to violate any security components.
5.3.
You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Terms of Service for any reason whatsoever. Terms of Service may be controlled and monitored by BioBam for compliance purposes, and BioBam reserves the right to enforce the Terms of Service with or without notice to you.
5.4.
You will not access the Services by any means other than through software that is provided by BioBam for accessing the Service. You shall not access or attempt to access an Account that you are not to access.
5.5.
You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Service.
5.6.
Violations of system or network security may result in civil or criminal liability.
6. Intended use:
The Service is designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions.
7. Confidentiality and ownership of your online searches and data:
7.1.
BioBam shall use its commercially reasonable efforts to keep confidential the contents of your online searches and all of your information and uploaded data, stored and maintained within your individual Service Account. You shall own all rights, title, and interests in any information and data files which you upload, store and maintain within your Service Account.
7.2.
Confidential Information means any information that has been disclosed to any of the parties as a result of the performance of the rights and duties described hereto, which is not available for the public domain as, for example, any information relating to business, customers, operations, facilities, procedures, methods, transactions, know-how or any other aspect of the activity of the Parties.
7.3.
The parties agree and undertake not to disclose the Confidential Information for any purpose different to the purposes associated with the present agreement.
8. Data loss:
BioBam does not guarantee against data loss of your data owing to hardware failures or catastrophic events causing data loss on the Service. Notwithstanding this, BioBam will use commercially reasonable efforts to prevent the loss of or damage to data in its possession and will maintain commercially reasonable back-up procedures and copies to facilitate the re-construction of any such data.
9. Terms of Service:
9.1.
You acknowledge that the Service contains security technology that limits your usage of the Service and other BioBam products to the following applicable Terms of Service, and, whether or not the Service is limited by security technology, you agree to use the Service in compliance with the applicable Terms of Service.
9.2.
Your use of the Service and any other BioBam products is conditioned upon your prior acceptance of the terms of this Agreement.
9.3.
Your use of the Service is conditioned upon your affirmation that you are eighteen (18) years of age or older. Your acceptance of this Agreement constitutes your affirmation that you are at least thirteen (18) years of age.
9.4.
If you are an academic User, you shall be authorized to use the Service only for academic, governmental, non-profit and or non-commercial use. Upgrades to non-commercial usage accounts are available; in order to do so, please contact BioBam for more information about the terms.
9.5.
If you are a Commercial User, other than academic, governmental or any other non-profit organization, you shall be authorized to use the Blast2GO Services only for commercial research use. Upgrades to commercial usage beyond commercial research are available; in order to do so, please contact BioBam for more information about the terms.
9.6.
You shall not use the Service in a manner contrary to the Intended Use set forth above and shall not use the Service in connection with the diagnosis or treatment of diseases or other conditions.
9.7.
You shall not directly or indirectly disassemble, decompile, reverse engineer or otherwise attempt to discover the whole or any part of the source code of the Service or of any other products, whether to render the Service inter-operable with other computer programs or equipment or to reproduce the functionality of the whole or any part of the Service, nor shall you assist any third party in doing any of the foregoing.
9.8.
Any downloading or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of any content embodied in any of the Services.
9.9.
The delivery of content through the Service does not transfer to you any commercial or promotional use rights in the content.
9.10.
You shall use reasonable efforts to keep confidential the technical details of the Service by using reasonable degree of care to prevent the unauthorized use, dissemination, or disclosure of the Service and its operation. You shall refrain from disclosing or publishing benchmarks relating to the Service without expressed written permission from BioBam.
9.11.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or that is used to administer the Terms of Service.
9.12.
You agree that your use of the Service and other purchased BioBam products constitutes your acceptance to use them solely in accordance with Terms of Service, and that any other use of the Service may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Service. The Terms of Service shall govern your rights with respect to the Service, in addition to any other terms or rules that may have been established between you and another party.
9.13.
BioBam reserves the right to modify the Terms of Service at any time. You acknowledge that some aspects of the Service and other BioBam products, and the administering of the Terms of Service entail the ongoing involvement of BioBam. Accordingly, in the event that BioBam changes any part of the Service or discontinues the Service, which BioBam may do at its election, you acknowledge that you may no longer be able to use the Service to the same extent as prior to such change or discontinuation, and that BioBam shall have no liability to you in such case.
10. Electronic signatures and contracts:
Your use of the BioBam Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such transactions if applicable. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
11. Intellectual and industrial Property:
11.1.
BioBam owns all the intellectual property rights, and has obtained and reserves the authorisations and licences required for exploiting these rights, over the domain name, the trademarks and distinctive symbols, the Blast2GO software, the source code, and any other works and/or inventions associated with the software Website and the technology thereto associated.
11.2.
The contents of the software, including designs, applications, text, images and source code (hereinafter, the "Content"), are protected by international intellectual and industrial proprietary rights.
11.3.
BioBam is the only owner of the Content.
11.4.
Under no circumstances can the Content be used, reproduced, copied or transmitted in any way whatsoever without the prior and explicit writing permission of BioBam.
11.5.
BioBam hereby states that its personnel will not access, unless necessary for the correct control and maintenance of the Service, the contents uploaded on the Website or delivered to BioBam through whatever mean or channel, for its use, exploitation, publication, translation, modification, distribution, public dissemination nor transformation.
12. Removal of content, functionality or other materials:
12.1.
Notwithstanding any other provision of this Agreement, BioBam reserves the right to change, suspend, remove, or disable access to any Service, functionality, Content, or other materials comprising a part of the Service at any time without notice.
12.2.
In no event will BioBam be liable for the removal of or disabling of access to any such Service, content or materials under this Agreement. BioBam may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
13. Termination by BioBam:
BioBam reserves the right to modify, suspend, or discontinue access to the Service (or any part or content thereof) at any time with or without notice to you, and BioBam will not be liable to you or to any third party should it exercise such rights. If you fail, or BioBam suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due if applicable, failure to provide a valid credit card at the moment of payment if applicable or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Terms of Service or any license to the software, or infringement or other violation of third parties rights, BioBam, at its sole discretion, without notice to you may: (I) terminate this Agreement and/or your Account, and you will remain liable for any and all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
14. General compliance with laws:
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
15. Enforcement of these terms:
15.1.
BioBam reserves the right to take steps BioBam believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
15.2.
You agree that BioBam has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as BioBam believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
16. No Responsibility for third-party materials or websites:
16.1.
Certain software, content, products, and services available via the Service may include materials from third parties. In addition, BioBam may provide links to certain third-party Web sites. You acknowledge and agree that BioBam is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites.
16.2.
BioBam does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that BioBam is not in any way responsible for any such use by you.
17. Disclaimer of warranties and limitation of liability:
17.1.
BioBam does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time BioBam may remove the service for indefinite periods of time, or cancel your Account in the Service at any time, without notice to you.
17.2.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. All products, content and services delivered to you through the product are (except as expressly stated by BioBam) provided ""as is" and ""as available" for your use, without warranties of any kind, either expressed or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
17.3.
In no case shall BioBam, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the product, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, BioBam's liability shall be limited to the extent permitted by law.
17.4.
BioBam shall use reasonable efforts to protect information submitted by you in connection with the service, but you acknowledge and agree that your submission of such information is at your sole risk, and BioBam hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
17.5.
BioBam does not represent or guarantee that the Service will be free from error, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and BioBam disclaims any liability relating thereto.
17.6.
You acknowledge and agree that (a) BioBam does not warrant in any way the contents, topicality and accuracy of information, output, timeliness and results obtained by the use of the Service, (b) the Service is inherently complex and you possess the requisite technical expertise to evaluate any information, output and results obtained from the use of the product and the assumptions underlying the same, (c) you shall bear sole responsibility for the selection of the service and for determining that the service is appropriate for your use; and (d) the Service is designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions.
17.7.
To the maximum extent permitted by law, BioBam hereby disclaims all warranties of any kind concerning the service, product, software, licensed programs, documentation and support including, without limitation, any implied warranty of non-infringement, merchantability or fitness for a particular purpose.
18. Waiver and indemnity:
By using the product, you agree to indemnify and hold BioBam, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the service, or any action taken by BioBam as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from BioBam, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of BioBam's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
19. Changes:
BioBam reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of the Additional Terms in the Terms of Service, which can be readily viewed at
http://www.blast2go.com/legal
, will be deemed to constitute your acceptance of any and all such Additional Terms. All additional Terms are hereby incorporated into this Agreement by this reference.
20. Notices:
BioBam may send you a notice with respect to the Service by sending an email message to the email address listed in your BioBam account contact information, or by a posting on the BioBam Website. Notices shall become effective immediately.
21. Governing law:
The laws of Spain shall govern this Agreement, the Terms of Service, and your use of the Services. You expressly agree that the exclusive jurisdiction for any claim or dispute with BioBam or relating in any way to your use of the Services resides in the jurisdiction of the Valencian Courts, Spain.
22. Entire agreement:
This Agreement governs your use of the Service, superseding any prior agreements between you and BioBam. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BioBam's failure to enforce any right or provisions in these this Agreement will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. BioBam will not be responsible for failures to fulfill any obligations due to causes beyond its control.
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1.9.7
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QIAGEN CLC Genomics Workbench
[9.5.4, 9.5.3]
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Blast2GO PRO Plugin End User License Agreement
(hereinafter, the "Terms of Service")
Thank you for using the Blast2GO.
By using this software, including certain third party software and content made available in conjunction with this software, the user agrees to accept a license under and to be bound by the following terms and conditions of this agreement (hereinafter the "Agreement") with BioBam Bioinformatics, S.L (hereinafter, "BioBam").
This Agreement between you (hereinafter, the "User") and BioBam states the terms that govern the use of the software for functional annotation of novel sequences and the analysis of annotation data (hereinafter, "Blast2GO") together with all updates, additional terms, software licenses, terms of service and all of BioBam's rules and policies. The present Agreement will prevail over any conflicting rule stated in the additional terms, software licenses, terms of service and policies.
1. License:
This agreement licenses the peaceful and effective use of Blast2GO PRO Plugin solely for academic or commercial research purposes as described in the Terms of Service. Subject to the terms and conditions of this Agreement, BioBam hereby grants you a non-exclusive and non-transferable limited license to use the Blast2GO PRO Plugin subscribed; Blast2GO PRO Plugin features are set forth in the feature list incorporated in Blast2GO's official website (hereinafter, the "Website").
2. System requirements:
The use of the Blast2GO or any other BioBam software products, services or content (hereinafter, collectively referred to as the "Service") requires a compatible hardware device, Internet access, and certain software specified in the Website, and may require obtaining updates or upgrades from time to time. Because the use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. Data transmission and data links between BioBam and you via network are exclusively your responsibility. High speed Internet access is strongly recommended. The currently supported versions of required software can be readily viewed at
http://www.blast2go.com.
You acknowledge and agree that such system requirements, which may change from time to time, are your responsibility.
3. Policies and rules:
Your use of the Service and any additional products are subject to BioBam's Terms of Service which can be readily viewed at
http://www.blast2go.com/legal
, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. We highly recommend that you read BioBam's Terms of Service. Your purchase of any additional products through BioBam is subject to any end-user agreements or other terms and conditions required for the use of such products, all of which are hereby made a part of this Agreement.
4. Privacy.
4.1.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (hereinafter, the ""Registration Data").
4.2.
You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. BioBam may terminate your rights to any or all of the Service and other products if any information you provide is false, inaccurate or incomplete.
4.3.
You agree that BioBam may store and use the Registration Data you provide (including credit card information if appropriate) for the sole purpose of maintaining your accounts and payments updated.
4.4.
You will always have the right to access, consult, modify or cancel any provided personal data to BioBam.
4.5.
BioBam will not process any personal data of User´s ownership.
4.6.
Each party agrees to comply with Spanish regulations for the protection of personal data, specifically, the Law 15/99 of December 13, Protection of Personal Data and Royal Decree 1720/2007 of 21 December, which approves the Regulation development of data protection.
4.7.
Each party will be liable for the consequences that may arise from their failure to comply with the obligations set down herewith.
5. Security:
5.1.
You understand that the Service includes a security framework using technology that protects digital information and limits your usage of the Service and other products to certain BioBam's Terms of Service, which can be readily viewed at
http://www.blast2go.com/termsofuse
, and any end-user agreements or other terms and conditions required for use of the Service and or other BioBam products or services, all of which are hereby made a part of this Agreement.
5.2.
You agree to comply with such Terms of Service, as further outlined below, and you agree not to violate or attempt to violate any security components.
5.3.
You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Terms of Service for any reason whatsoever. Terms of Service may be controlled and monitored by BioBam for compliance purposes, and BioBam reserves the right to enforce the Terms of Service with or without notice to you.
5.4.
You will not access the Services by any means other than through software that is provided by BioBam for accessing the Service. You shall not access or attempt to access an Account that you are not to access.
5.5.
You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Service.
5.6.
Violations of system or network security may result in civil or criminal liability.
6. Intended use:
The Service is designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions.
7. Confidentiality and ownership of your online searches and data:
7.1.
BioBam shall use its commercially reasonable efforts to keep confidential the contents of your online searches and all of your information and uploaded data, stored and maintained within your individual Service Account. You shall own all rights, title, and interests in any information and data files which you upload, store and maintain within your Service Account.
7.2.
Confidential Information means any information that has been disclosed to any of the parties as a result of the performance of the rights and duties described hereto, which is not available for the public domain as, for example, any information relating to business, customers, operations, facilities, procedures, methods, transactions, know-how or any other aspect of the activity of the Parties.
7.3.
The parties agree and undertake not to disclose the Confidential Information for any purpose different to the purposes associated with the present agreement.
8. Data loss:
BioBam does not guarantee against data loss of your data owing to hardware failures or catastrophic events causing data loss on the Service. Notwithstanding this, BioBam will use commercially reasonable efforts to prevent the loss of or damage to data in its possession and will maintain commercially reasonable back-up procedures and copies to facilitate the re-construction of any such data.
9. Terms of Service:
9.1.
You acknowledge that the Service contains security technology that limits your usage of the Service and other BioBam products to the following applicable Terms of Service, and, whether or not the Service is limited by security technology, you agree to use the Service in compliance with the applicable Terms of Service.
9.2.
Your use of the Service and any other BioBam products is conditioned upon your prior acceptance of the terms of this Agreement.
9.3.
Your use of the Service is conditioned upon your affirmation that you are eighteen (18) years of age or older. Your acceptance of this Agreement constitutes your affirmation that you are at least thirteen (18) years of age.
9.4.
If you are an academic User, you shall be authorized to use the Service only for academic, governmental, non-profit and or non-commercial use. Upgrades to non-commercial usage accounts are available; in order to do so, please contact BioBam for more information about the terms.
9.5.
If you are a Commercial User, other than academic, governmental or any other non-profit organization, you shall be authorized to use the Blast2GO Services only for commercial research use. Upgrades to commercial usage beyond commercial research are available; in order to do so, please contact BioBam for more information about the terms.
9.6.
You shall not use the Service in a manner contrary to the Intended Use set forth above and shall not use the Service in connection with the diagnosis or treatment of diseases or other conditions.
9.7.
You shall not directly or indirectly disassemble, decompile, reverse engineer or otherwise attempt to discover the whole or any part of the source code of the Service or of any other products, whether to render the Service inter-operable with other computer programs or equipment or to reproduce the functionality of the whole or any part of the Service, nor shall you assist any third party in doing any of the foregoing.
9.8.
Any downloading or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of any content embodied in any of the Services.
9.9.
The delivery of content through the Service does not transfer to you any commercial or promotional use rights in the content.
9.10.
You shall use reasonable efforts to keep confidential the technical details of the Service by using reasonable degree of care to prevent the unauthorized use, dissemination, or disclosure of the Service and its operation. You shall refrain from disclosing or publishing benchmarks relating to the Service without expressed written permission from BioBam.
9.11.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or that is used to administer the Terms of Service.
9.12.
You agree that your use of the Service and other purchased BioBam products constitutes your acceptance to use them solely in accordance with Terms of Service, and that any other use of the Service may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Service. The Terms of Service shall govern your rights with respect to the Service, in addition to any other terms or rules that may have been established between you and another party.
9.13.
BioBam reserves the right to modify the Terms of Service at any time. You acknowledge that some aspects of the Service and other BioBam products, and the administering of the Terms of Service entail the ongoing involvement of BioBam. Accordingly, in the event that BioBam changes any part of the Service or discontinues the Service, which BioBam may do at its election, you acknowledge that you may no longer be able to use the Service to the same extent as prior to such change or discontinuation, and that BioBam shall have no liability to you in such case.
10. Electronic signatures and contracts:
Your use of the BioBam Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such transactions if applicable. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
11. Intellectual and industrial Property:
11.1.
BioBam owns all the intellectual property rights, and has obtained and reserves the authorisations and licences required for exploiting these rights, over the domain name, the trademarks and distinctive symbols, the Blast2GO software, the source code, and any other works and/or inventions associated with the software Website and the technology thereto associated.
11.2.
The contents of the software, including designs, applications, text, images and source code (hereinafter, the "Content"), are protected by international intellectual and industrial proprietary rights.
11.3.
BioBam is the only owner of the Content.
11.4.
Under no circumstances can the Content be used, reproduced, copied or transmitted in any way whatsoever without the prior and explicit writing permission of BioBam.
11.5.
BioBam hereby states that its personnel will not access, unless necessary for the correct control and maintenance of the Service, the contents uploaded on the Website or delivered to BioBam through whatever mean or channel, for its use, exploitation, publication, translation, modification, distribution, public dissemination nor transformation.
12. Removal of content, functionality or other materials:
12.1.
Notwithstanding any other provision of this Agreement, BioBam reserves the right to change, suspend, remove, or disable access to any Service, functionality, Content, or other materials comprising a part of the Service at any time without notice.
12.2.
In no event will BioBam be liable for the removal of or disabling of access to any such Service, content or materials under this Agreement. BioBam may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
13. Termination by BioBam:
BioBam reserves the right to modify, suspend, or discontinue access to the Service (or any part or content thereof) at any time with or without notice to you, and BioBam will not be liable to you or to any third party should it exercise such rights. If you fail, or BioBam suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due if applicable, failure to provide a valid credit card at the moment of payment if applicable or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Terms of Service or any license to the software, or infringement or other violation of third parties rights, BioBam, at its sole discretion, without notice to you may: (I) terminate this Agreement and/or your Account, and you will remain liable for any and all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
14. General compliance with laws:
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
15. Enforcement of these terms:
15.1.
BioBam reserves the right to take steps BioBam believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
15.2.
You agree that BioBam has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as BioBam believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
16. No Responsibility for third-party materials or websites:
16.1.
Certain software, content, products, and services available via the Service may include materials from third parties. In addition, BioBam may provide links to certain third-party Web sites. You acknowledge and agree that BioBam is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites.
16.2.
BioBam does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that BioBam is not in any way responsible for any such use by you.
17. Disclaimer of warranties and limitation of liability:
17.1.
BioBam does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time BioBam may remove the service for indefinite periods of time, or cancel your Account in the Service at any time, without notice to you.
17.2.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. All products, content and services delivered to you through the product are (except as expressly stated by BioBam) provided ""as is" and ""as available" for your use, without warranties of any kind, either expressed or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
17.3.
In no case shall BioBam, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the product, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, BioBam's liability shall be limited to the extent permitted by law.
17.4.
BioBam shall use reasonable efforts to protect information submitted by you in connection with the service, but you acknowledge and agree that your submission of such information is at your sole risk, and BioBam hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
17.5.
BioBam does not represent or guarantee that the Service will be free from error, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and BioBam disclaims any liability relating thereto.
17.6.
You acknowledge and agree that (a) BioBam does not warrant in any way the contents, topicality and accuracy of information, output, timeliness and results obtained by the use of the Service, (b) the Service is inherently complex and you possess the requisite technical expertise to evaluate any information, output and results obtained from the use of the product and the assumptions underlying the same, (c) you shall bear sole responsibility for the selection of the service and for determining that the service is appropriate for your use; and (d) the Service is designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions.
17.7.
To the maximum extent permitted by law, BioBam hereby disclaims all warranties of any kind concerning the service, product, software, licensed programs, documentation and support including, without limitation, any implied warranty of non-infringement, merchantability or fitness for a particular purpose.
18. Waiver and indemnity:
By using the product, you agree to indemnify and hold BioBam, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the service, or any action taken by BioBam as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from BioBam, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of BioBam's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
19. Changes:
BioBam reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of the Additional Terms in the Terms of Service, which can be readily viewed at
http://www.blast2go.com/legal
, will be deemed to constitute your acceptance of any and all such Additional Terms. All additional Terms are hereby incorporated into this Agreement by this reference.
20. Notices:
BioBam may send you a notice with respect to the Service by sending an email message to the email address listed in your BioBam account contact information, or by a posting on the BioBam Website. Notices shall become effective immediately.
21. Governing law:
The laws of Spain shall govern this Agreement, the Terms of Service, and your use of the Services. You expressly agree that the exclusive jurisdiction for any claim or dispute with BioBam or relating in any way to your use of the Services resides in the jurisdiction of the Valencian Courts, Spain.
22. Entire agreement:
This Agreement governs your use of the Service, superseding any prior agreements between you and BioBam. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BioBam's failure to enforce any right or provisions in these this Agreement will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. BioBam will not be responsible for failures to fulfill any obligations due to causes beyond its control.
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1.8.4
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QIAGEN CLC Genomics Workbench
[8.5.4]
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QIAGEN CLC Main Workbench
[7.6.7]
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|
Blast2GO PRO Plugin End User License Agreement
(hereinafter, the "Terms of Service")
Thank you for using the Blast2GO.
By using this software, including certain third party software and content made available in conjunction with this software, the user agrees to accept a license under and to be bound by the following terms and conditions of this agreement (hereinafter the "Agreement") with BioBam Bioinformatics, S.L (hereinafter, "BioBam").
This Agreement between you (hereinafter, the "User") and BioBam states the terms that govern the use of the software for functional annotation of novel sequences and the analysis of annotation data (hereinafter, "Blast2GO") together with all updates, additional terms, software licenses, terms of service and all of BioBam's rules and policies. The present Agreement will prevail over any conflicting rule stated in the additional terms, software licenses, terms of service and policies.
1. License:
This agreement licenses the peaceful and effective use of Blast2GO PRO Plugin solely for academic or commercial research purposes as described in the Terms of Service. Subject to the terms and conditions of this Agreement, BioBam hereby grants you a non-exclusive and non-transferable limited license to use the Blast2GO PRO Plugin subscribed; Blast2GO PRO Plugin features are set forth in the feature list incorporated in Blast2GO's official website (hereinafter, the "Website").
2. System requirements:
The use of the Blast2GO or any other BioBam software products, services or content (hereinafter, collectively referred to as the "Service") requires a compatible hardware device, Internet access, and certain software specified in the Website, and may require obtaining updates or upgrades from time to time. Because the use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. Data transmission and data links between BioBam and you via network are exclusively your responsibility. High speed Internet access is strongly recommended. The currently supported versions of required software can be readily viewed at
http://www.blast2go.com.
You acknowledge and agree that such system requirements, which may change from time to time, are your responsibility.
3. Policies and rules:
Your use of the Service and any additional products are subject to BioBam's Terms of Service which can be readily viewed at
http://www.blast2go.com/legal
, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. We highly recommend that you read BioBam's Terms of Service. Your purchase of any additional products through BioBam is subject to any end-user agreements or other terms and conditions required for the use of such products, all of which are hereby made a part of this Agreement.
4. Privacy.
4.1.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (hereinafter, the ""Registration Data").
4.2.
You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. BioBam may terminate your rights to any or all of the Service and other products if any information you provide is false, inaccurate or incomplete.
4.3.
You agree that BioBam may store and use the Registration Data you provide (including credit card information if appropriate) for the sole purpose of maintaining your accounts and payments updated.
4.4.
You will always have the right to access, consult, modify or cancel any provided personal data to BioBam.
4.5.
BioBam will not process any personal data of User´s ownership.
4.6.
Each party agrees to comply with Spanish regulations for the protection of personal data, specifically, the Law 15/99 of December 13, Protection of Personal Data and Royal Decree 1720/2007 of 21 December, which approves the Regulation development of data protection.
4.7.
Each party will be liable for the consequences that may arise from their failure to comply with the obligations set down herewith.
5. Security:
5.1.
You understand that the Service includes a security framework using technology that protects digital information and limits your usage of the Service and other products to certain BioBam's Terms of Service, which can be readily viewed at
http://www.blast2go.com/termsofuse
, and any end-user agreements or other terms and conditions required for use of the Service and or other BioBam products or services, all of which are hereby made a part of this Agreement.
5.2.
You agree to comply with such Terms of Service, as further outlined below, and you agree not to violate or attempt to violate any security components.
5.3.
You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Terms of Service for any reason whatsoever. Terms of Service may be controlled and monitored by BioBam for compliance purposes, and BioBam reserves the right to enforce the Terms of Service with or without notice to you.
5.4.
You will not access the Services by any means other than through software that is provided by BioBam for accessing the Service. You shall not access or attempt to access an Account that you are not to access.
5.5.
You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Service.
5.6.
Violations of system or network security may result in civil or criminal liability.
6. Intended use:
The Service is designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions.
7. Confidentiality and ownership of your online searches and data:
7.1.
BioBam shall use its commercially reasonable efforts to keep confidential the contents of your online searches and all of your information and uploaded data, stored and maintained within your individual Service Account. You shall own all rights, title, and interests in any information and data files which you upload, store and maintain within your Service Account.
7.2.
Confidential Information means any information that has been disclosed to any of the parties as a result of the performance of the rights and duties described hereto, which is not available for the public domain as, for example, any information relating to business, customers, operations, facilities, procedures, methods, transactions, know-how or any other aspect of the activity of the Parties.
7.3.
The parties agree and undertake not to disclose the Confidential Information for any purpose different to the purposes associated with the present agreement.
8. Data loss:
BioBam does not guarantee against data loss of your data owing to hardware failures or catastrophic events causing data loss on the Service. Notwithstanding this, BioBam will use commercially reasonable efforts to prevent the loss of or damage to data in its possession and will maintain commercially reasonable back-up procedures and copies to facilitate the re-construction of any such data.
9. Terms of Service:
9.1.
You acknowledge that the Service contains security technology that limits your usage of the Service and other BioBam products to the following applicable Terms of Service, and, whether or not the Service is limited by security technology, you agree to use the Service in compliance with the applicable Terms of Service.
9.2.
Your use of the Service and any other BioBam products is conditioned upon your prior acceptance of the terms of this Agreement.
9.3.
Your use of the Service is conditioned upon your affirmation that you are eighteen (18) years of age or older. Your acceptance of this Agreement constitutes your affirmation that you are at least thirteen (18) years of age.
9.4.
If you are an academic User, you shall be authorized to use the Service only for academic, governmental, non-profit and or non-commercial use. Upgrades to non-commercial usage accounts are available; in order to do so, please contact BioBam for more information about the terms.
9.5.
If you are a Commercial User, other than academic, governmental or any other non-profit organization, you shall be authorized to use the Blast2GO Services only for commercial research use. Upgrades to commercial usage beyond commercial research are available; in order to do so, please contact BioBam for more information about the terms.
9.6.
You shall not use the Service in a manner contrary to the Intended Use set forth above and shall not use the Service in connection with the diagnosis or treatment of diseases or other conditions.
9.7.
You shall not directly or indirectly disassemble, decompile, reverse engineer or otherwise attempt to discover the whole or any part of the source code of the Service or of any other products, whether to render the Service inter-operable with other computer programs or equipment or to reproduce the functionality of the whole or any part of the Service, nor shall you assist any third party in doing any of the foregoing.
9.8.
Any downloading or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of any content embodied in any of the Services.
9.9.
The delivery of content through the Service does not transfer to you any commercial or promotional use rights in the content.
9.10.
You shall use reasonable efforts to keep confidential the technical details of the Service by using reasonable degree of care to prevent the unauthorized use, dissemination, or disclosure of the Service and its operation. You shall refrain from disclosing or publishing benchmarks relating to the Service without expressed written permission from BioBam.
9.11.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or that is used to administer the Terms of Service.
9.12.
You agree that your use of the Service and other purchased BioBam products constitutes your acceptance to use them solely in accordance with Terms of Service, and that any other use of the Service may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Service. The Terms of Service shall govern your rights with respect to the Service, in addition to any other terms or rules that may have been established between you and another party.
9.13.
BioBam reserves the right to modify the Terms of Service at any time. You acknowledge that some aspects of the Service and other BioBam products, and the administering of the Terms of Service entail the ongoing involvement of BioBam. Accordingly, in the event that BioBam changes any part of the Service or discontinues the Service, which BioBam may do at its election, you acknowledge that you may no longer be able to use the Service to the same extent as prior to such change or discontinuation, and that BioBam shall have no liability to you in such case.
10. Electronic signatures and contracts:
Your use of the BioBam Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements and to pay for such transactions if applicable. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
11. Intellectual and industrial Property:
11.1.
BioBam owns all the intellectual property rights, and has obtained and reserves the authorisations and licences required for exploiting these rights, over the domain name, the trademarks and distinctive symbols, the Blast2GO software, the source code, and any other works and/or inventions associated with the software Website and the technology thereto associated.
11.2.
The contents of the software, including designs, applications, text, images and source code (hereinafter, the "Content"), are protected by international intellectual and industrial proprietary rights.
11.3.
BioBam is the only owner of the Content.
11.4.
Under no circumstances can the Content be used, reproduced, copied or transmitted in any way whatsoever without the prior and explicit writing permission of BioBam.
11.5.
BioBam hereby states that its personnel will not access, unless necessary for the correct control and maintenance of the Service, the contents uploaded on the Website or delivered to BioBam through whatever mean or channel, for its use, exploitation, publication, translation, modification, distribution, public dissemination nor transformation.
12. Removal of content, functionality or other materials:
12.1.
Notwithstanding any other provision of this Agreement, BioBam reserves the right to change, suspend, remove, or disable access to any Service, functionality, Content, or other materials comprising a part of the Service at any time without notice.
12.2.
In no event will BioBam be liable for the removal of or disabling of access to any such Service, content or materials under this Agreement. BioBam may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
13. Termination by BioBam:
BioBam reserves the right to modify, suspend, or discontinue access to the Service (or any part or content thereof) at any time with or without notice to you, and BioBam will not be liable to you or to any third party should it exercise such rights. If you fail, or BioBam suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due if applicable, failure to provide a valid credit card at the moment of payment if applicable or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Terms of Service or any license to the software, or infringement or other violation of third parties rights, BioBam, at its sole discretion, without notice to you may: (I) terminate this Agreement and/or your Account, and you will remain liable for any and all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
14. General compliance with laws:
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
15. Enforcement of these terms:
15.1.
BioBam reserves the right to take steps BioBam believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
15.2.
You agree that BioBam has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as BioBam believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to BioBam's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
16. No Responsibility for third-party materials or websites:
16.1.
Certain software, content, products, and services available via the Service may include materials from third parties. In addition, BioBam may provide links to certain third-party Web sites. You acknowledge and agree that BioBam is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites.
16.2.
BioBam does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that BioBam is not in any way responsible for any such use by you.
17. Disclaimer of warranties and limitation of liability:
17.1.
BioBam does not guarantee, represent, or warrant that your use of the Service will be uninterrupted or error-free, and you agree that from time to time BioBam may remove the service for indefinite periods of time, or cancel your Account in the Service at any time, without notice to you.
17.2.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. All products, content and services delivered to you through the product are (except as expressly stated by BioBam) provided ""as is" and ""as available" for your use, without warranties of any kind, either expressed or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
17.3.
In no case shall BioBam, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the product, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, BioBam's liability shall be limited to the extent permitted by law.
17.4.
BioBam shall use reasonable efforts to protect information submitted by you in connection with the service, but you acknowledge and agree that your submission of such information is at your sole risk, and BioBam hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
17.5.
BioBam does not represent or guarantee that the Service will be free from error, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and BioBam disclaims any liability relating thereto.
17.6.
You acknowledge and agree that (a) BioBam does not warrant in any way the contents, topicality and accuracy of information, output, timeliness and results obtained by the use of the Service, (b) the Service is inherently complex and you possess the requisite technical expertise to evaluate any information, output and results obtained from the use of the product and the assumptions underlying the same, (c) you shall bear sole responsibility for the selection of the service and for determining that the service is appropriate for your use; and (d) the Service is designed to be used solely for research purposes and may not be used in connection with the diagnosis or treatment of diseases or other conditions.
17.7.
To the maximum extent permitted by law, BioBam hereby disclaims all warranties of any kind concerning the service, product, software, licensed programs, documentation and support including, without limitation, any implied warranty of non-infringement, merchantability or fitness for a particular purpose.
18. Waiver and indemnity:
By using the product, you agree to indemnify and hold BioBam, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the service, or any action taken by BioBam as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from BioBam, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of BioBam's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
19. Changes:
BioBam reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following the posting of the Additional Terms in the Terms of Service, which can be readily viewed at
http://www.blast2go.com/legal
, will be deemed to constitute your acceptance of any and all such Additional Terms. All additional Terms are hereby incorporated into this Agreement by this reference.
20. Notices:
BioBam may send you a notice with respect to the Service by sending an email message to the email address listed in your BioBam account contact information, or by a posting on the BioBam Website. Notices shall become effective immediately.
21. Governing law:
The laws of Spain shall govern this Agreement, the Terms of Service, and your use of the Services. You expressly agree that the exclusive jurisdiction for any claim or dispute with BioBam or relating in any way to your use of the Services resides in the jurisdiction of the Valencian Courts, Spain.
22. Entire agreement:
This Agreement governs your use of the Service, superseding any prior agreements between you and BioBam. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BioBam's failure to enforce any right or provisions in these this Agreement will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. BioBam will not be responsible for failures to fulfill any obligations due to causes beyond its control.
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1.1.0
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QIAGEN CLC Genomics Workbench
[6.5]
|
|
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