PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS VERSION OF THE SRI BIOWAREHOUSE DATABASES. By clicking on the “I Agree” button at the bottom of this page, you signify your assent to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please click on the “I Do Not Agree” button and do not continue to use this program. SRI International (“ SRI ”) reserves the right, at its discretion, to change, modify, add, or remove portions of this license at any time.
“ Databases ” means the following, including any and all related documentation:
• The NCBI Taxonomy database, developed by the U.S. National Center for Biotechnology Information;
• The Genbank database, developed by the U.S. National Center for Biotechnology Information ;
• The open subset of the BioCyc collection of Pathway/Genome Databases, developed by SRI International; and
• The Comprehensive Microbial Resource, developed by The Institute for Genomic Research
The Databases are owned by the developing institutions indicated above, and their licensors (hereinafter, the “ Developers ”). You may use, modify and redistribute the Databases or portions thereof, worldwide and for any purpose; provided, in each case, that any modified copies of the Databases, or websites from which such modified copies may be obtained, must clearly and prominently ( i ) identify the Database from which they were derived, (ii) include all applicable copyright notices and author lists from the Database from which they were derived, and (iii) identify or summarize all modifications that were made. Any distribution of such Databases without such notices is a violation of the Developers' copyright and other proprietary rights. All trademarks, service marks, and trade names are proprietary to the Developers.
The Developers do not transfer title or any other rights in the Databases to you. The Developers retain full and complete title to the Databases, and all intellectual property rights therein. You may not use the Databases except as otherwise specified herein.
JURISDICTIONAL ISSUES
The Databases are controlled by SRI from its offices within the State of California . SRI and the Developers make no representation that the Databases are appropriate or available for use in other locations. Those who choose to access the Databases from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Databases are further subject to United States export controls. The Databases may not be installed, downloaded, or otherwise exported or re-exported ( i ) into (or to a national or resident of) any country as to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department's list of Specialty Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By installing, downloading, or using the Databases, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list.
TERMINATION
These terms are effective commencing upon the date you first use the Databases and shall continue until terminated as specified below. You may terminate this license at any time by destroying all Databases obtained from SRI and any and all related documentation and copies and installations thereof, whether made under the terms of this license or otherwise. This license will terminate immediately without notice from SRI if in SRI's sole discretion you fail to comply with any term or provision of this license. Upon termination, you must destroy all Databases obtained from SRI and any and all copies thereof, whether made under the terms of this license or otherwise. In the event of termination for any reason, the provisions set forth under the paragraphs entitled WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY shall survive.
WARRANTY DISCLAIMER
THE DATABASES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SRI AND THE DEVELOPERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY TECHNOLOGY, AND FITNESS FOR A PARTICULAR PURPOSE. SRI AND THE DEVELOPERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DATABASES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DATABASES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SRI AND THE DEVELOPERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE DATABASES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SRI OR THE DEVELOPERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL THE DEVELOPERS, SRI, OR any of their SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, students, AGENTS, OR LICENSORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE DATABASES, WHETHER BASED IN WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT SRI OR THE DEVELOPERS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE DATABASES IS ENTIRELY AT YOUR OWN RISK. SHOULD THE DATABASES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL SERVICE, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY SUCH LOCAL LAWS.
NOTE. EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY TERMS DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN ADDITION TO, MANDATORY STATUTORY RIGHTS, IF ANY, APPLICABLE TO THE LICENSE TO YOU OF THE DATABASES; PROVIDED, HOWEVER, THAT THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS SPECIFICALLY DISCLAIMED AND SHALL NOT GOVERN OR APPLY TO THE DATABASES PROVIDED IN CONNECTION WITH THIS WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY STATEMENT .
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to SRI International, 333 Ravenswood Ave. , Menlo Park , CA 94025 .
UPDATES AND NEW RELEASES :
SRI and the Developers shall have no obligation to release or distribute any updates to or new releases of the Databases. Any updates or new releases of the Databases which SRI or the Developers choose at their own discretion to distribute via the Biowarehouse shall be subject to the terms hereof.
GOVERNMENT RIGHTS
This license may be subject to the reservation of certain rights in favor of the United States Government pursuant to Title 35 United States Code Chapter 18 and the regulations promulgated thereunder.
OTHER
This license shall be governed by and construed in accordance with the laws of the State of California , without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in San Mateo County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this license shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this license and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and SRI relating to the subject matter herein and shall not be modified except in writing by both parties.
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